Injury Cases: Aggravation

(Court of Appeals)

Click on the case name to read the decision on the Ohio Supreme Court's web site. Decisions which adopt the decision of a lower court or Magistrate, or which decide a case based on a previous decision, are excluded.

Azbell v. Newark Group, Inc. (5/27/08)

Trial court did not err in giving jury instruction on aggravation which stated that it is not necessary to prove that an aggravation "is substantial" in order for an injured worker to participate in the fund for an aggravation (in a case involving an injury before the effective date of the 2006 amendments).

Vote: 2-0, 1 concurs in part and dissents in part
Opinion by: Judge Edwards
Appellate District: 5

Dunn v. Honda of Am. Mfg., Inc. (12/18/06)

Doctor's testimony supported finding of aggravation of pre-existing arthritic condition due to work injury.

Vote: 3-0
Opinion by: Judge Cupp
Appellate District: 3

Ellis v. Meritor Automotive (5/23/02)

Evidence presented at trial was sufficient to support jury instruction on aggravation.

Vote: 3-0
Opinion by: Judge Farmer
Appellate District: 5

Hollar v. Pleasant Twp. (12/16/03)

Doctor who treated claimant was qualified to testify as expert, and doctor's testimony was sufficient to support finding of aggravation of degenerative disc disease.

Vote: 3-0
Opinion by: Judge Bowman
Appellate District: 10

Myers v. Ohio Valley Coal Co. (6/22/05)

To participate for aggravation of pre-existing condition, claimant must show existence of pre-existing condition.

Vote: 3-0
Opinion by: Judge Donofrio
Appellate District: 7

Pflanz v. Pilkington LOF (6/3/11)

Chiropractor's opinion that injury was "substantially aggravated" based on MRI and other diagnostic tests supported finder of fact's finding that injured worker was entitled to participate for a subatantial aggravation.

Vote: 3-0
Opinion by: Judge Hildebrandt
Appellate District: 1

Robinson v. AT&T Network Systems (3/27/03)

Claim for aggravation of post-traumatic degenerative disc disease was barred by res judicata where claim for post-traumatic degenerative disc disease had been denied as a direct injury because issue of aggravation could have been raised in initial proceeding.

Vote: 3-0
Opinion by: Judge Deshler
Appellate District: 10

Saurer v. Allied Moulded Products, Inc. (11/22/02)

Claim for wear and tear aggravation of pre-existing injury is eligible for workers' compensation.

Vote: 3-0
Opinion by: Judge Sherck
Appellate District: 6

Smith v. Lucas Cty. (3/31/11)

MRI demonstrating condition after injury did not satisfy statutory requirement for "substantial aggravation."

Vote: 3-0
Opinion by: Judge Pietrykowski
Appellate District: 6

Swogger v. Hopkins Construction (12/29/04)

Trial Court gave improper instruction on aggravation when it failed to instruct jury that aggravation could be compensable injury.

Vote: 3-0
Opinion by: Judge Whitmore
Appellate District: 9

Swiczkowski v. Senior Care Mgt., Inc. (3/24/06)

Evidence did not support claim for aggravation of pre-existing injury where there was no evidence that condition was worse after incident than it had been before.

Vote: 3-0
Opinion by: Judge Skow
Appellate District: 6

Walker v. Conrad (1/23/04)

Court gave proper jury instruction on issue of aggravation of injury.

Vote: 3-0
Opinion by: Judge Fain
Appellate District: 2