|
Injury
Cases:
Horseplay/Fighting
(Court of
Appeals)
To
see the full text of a
case on the Ohio Supreme Court's web site, click on the case name. To
return to the Case Index, click here.
| Chambers
v. Ohio Bur. of Workers' Comp. (11/16/05)
|
Widow of worker who
was shot in
workplace dispute is not entitled to
participate in workers' compensation fund when jury determines that
worker instigated fight.
|
Vote:
2-1
Opinion by: Judge Moore
Court: Ninth Appellate
District |
|
| Foster
v. Cleveland Clinic Found.
(12/16/04) |
Personal dispute
between husband and
wife which led husband to murder
wife at place of employment does not result in compensable workers'
compensation claim because dispute was independent of
employment.
|
Vote:
2-0, 1
concurs in judgment
Opinion by: Judge Sweeney
Court: Eighth Appellate
District |
|
| Keating v. Classic East, Inc. (7/25/08) |
| Death resulting from deceased worker's own horseplay is not compensable. |
Vote: 3-0
Opinion by: Judge Rice
Court: Eleventh Appellate District |
|
| Luo
v. Gao (3/7/07)
|
| Injury resulting
from attack by co-worker was compensable, even where
attack may have resulted in part from a personal quarrel, where the
work-related quarrel exacerbated the situation leading up to the attack. |
Vote:
3-0
Opinion by: Judge Carr
Court: Ninth Appellate
District |
|
| Rosado
v. Cuyahoga Metro. Hous. Auth., Inc. (3/15/07)
|
| Injury on public
street, where injured worker's foot was crushed by
employer's Bobcat, was "arising out of" employment; because of disputed
issue over whether employee was engaged in horseplay at time of injury,
issue of whether injury was in the "course of" employment must be
determined at trial. |
Vote:
3-0
Opinion by: Judge Cooney
Court: Eighth Appellate
District |
|
| Saldana
v.
Erickson Landscaping & Constr.
(1/14/05) |
Jury could construe
evidence to
permit right to participate where
worker was injured on employer's premesis after he had clocked out,
when he was injured as a result of horseplay initiated by a co-employee
while he was waiting to give another co-employee a ride.
|
Vote:
2-1
Opinion by: Judge O'Neill
Court: Eleventh Appellate
District |
|
|
