Injury Cases: Idiopathic
(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.
Injury resulting from unexplained, idiopathic, fall is not compensable.
Vote: 3-0
Opinion by: Judge Rogers
Appellate District: 3
Trial
court gave improper instruction on idiopathic injury which
required new trial where court failed to instruct jury that worker
could have physical weakness which predisposed him to suffer injury and
still be entitled to participate.
Vote: 3-0
Opinion by: Judge Moore
Appellate District: 9
Trial
court properly granted summary judgement allowing injured worker to
participate for injuries resulting from fall where only contrary
medical evidence was an opinion that the fall had idiopathic causes
from doctor who had neither seen videotape demonstrating worker
tripping over footstool nor considered statement from customer that
worker tripped over footstool.
Vote: 3-0
Opinion by: Judge Singer
Appellate District: 6
Conflicting
medical testimony over whether injury was caused by pre-existing
weakness provided issue of fact to be determined by jury.
Vote: 3-0
Opinion by: Judge Singer
Appellate District: 6
Evidence
of decedent's general good health, medical opinions that fall was cause
of death, and lack of evidence that decedent suffered a seizure was
sufficient to eliminate idiopathic causes and support dependent's
entitlement to death benefits.
Vote: 3-0
Opinion by: Judge Edwards
Appellate District: 5
Injured at Work?
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injured
workers throughout Ohio before the BWC, Industrial Commission
and
in court.
We also represent people who have social security
disability claims or who have a disability claim before another state
administrative agency (PERS, STRS, SERS or police and fire fighters
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