In the case of Franta v. State Teachers Retirement Sys., 2020-Ohio-6843an Ohio Appeals Court held that the State Teachers Retirement System of Ohio (“STRS”) properly denied a teacher an in-person appearance before STRS on the disability denial appeal as the teacher’s attorney failed to timely request an in-person appearance.
In this case, the teacher argued that STRS was required to specifically notify the teacher of the date and time of the appeal hearing. The Court of Appeals disagreed.
The Court determined that the letter STRS sent to the teacher’s attorney which included confirmation of receipt of the teacher’s notice to appeal and information regarding the teacher’s appeal options and stressed the strict enforcement of all deadlines, was sufficient notice as to specific deadlines and procedures.
The Court held the denial of the request for an in-person appearance was proper based on the failure of the teacher’s attorney to adhere to the established deadlines.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.