May Workers' Comp Claimant Recover All Fees and Costs of Appeal When One of Multiple Claimed Conditions Approved?

Or Is Recovery Limited To Costs Attributable to the Granted Condition?

Jeff Holmes v. Crawford Machine, Inc., and State of Ohio, BWC, Case no. 2011-2040

Third District Court of Appeals (Crawford County)

ISSUE: When a workers' compensation claimant appeals to a common pleas court seeking an award of benefits for multiple claimed job-related injuries, and the court finds that the claimant is entitled to benefits for at least one but not all of the claimed conditions, does the applicable state law entitle the claimant to recover all of the attorney fees and costs he or she incurred in the appeal proceedings, or is the claimant's recovery limited to fees and costs attributable to the claim(s) for which the court awarded benefits?