Injury Cases: Miscellaneous
(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.
Employee
who suffered injury because of poorly fitting work boot is not entitled
to workers' compensation because injury was not in the scope of
employment.
Vote: 2-1
Opinion by: Judge Corrigan
Appellate District: 8
Worker injured during team-building events is entitled to participate in workers' compensation fund
Vote: 3-0
Opinion by: Judge Sweeney
Appellate District: 8
Officer
of corporation is not excluded from definition of employee and is
entitled to participate if injured in their employment.
Vote: 3-0
Opinion by: Judge Vukovich
Appellate District: 7
Injury when going
to house to pick up contact name and directions did not occur during
participation in rehabilitation program and is not compensable.
Vote: 2-0, 1 concurs in judgment only
Opinion by:
Judge Vukovich
Appellate District: 7
Court
erred in granting summary judgment for employer of police officer who
was injured during angioplasty when he was ordered by employer to
cooperate with diagnositic testing and told that he could lose his job
if the physicians did not certify him as healthy.
Vote: 3-0
Opinion by: Judge Grady
Appellate District: 2
Trial
court improperly granted
summary judgment against a janitorial supervisor who was injured while
helping
a co-worker retrieve something stuck in a vending machine because a
jury could
find that the facts demonstrated that the injury occurred while he was
acting
in the course of and arose out of his employment.
Vote: 3-0
Opinion by: Per Curiam
Appellate District: 2
Doctor's opinion that work was a contributing factor provided sufficient evidence of proximate cause.
Vote: 3-0
Opinion by: Judge Handwork
Appellate District: 6
Injury
to knee was not compensable where there was no work incident which led
to injury and claimant had been having knee problems for two weeks.
Vote: 3-0
Opinion by: Judge Edwards
Appellate District: 5
Housekeeper
who was injured while picking up litter in the course of her employment
was entitled to participate in the workers' compensation fund for her
injury.
Vote: 2-1
Opinion by: Judge Hildebrandt
Appellate District: 1
Dual causation rule
applies to workers' compensation claims; under dual causation rule,
where worker suffered multiple falls (some at employer) which combined
to cause an injury, injured worker is entitled to participate even
though doctor cannot specify which fall caused the injury.
Vote: 3-0
Opinion by: Judge Grady
Appellate District: 2
Medical
evidence supported jury finding that injured worker suffered condition
sought in additional allowance. Difference in terminology between
condition sought and condition medical evidence supported was due to
poor drafting of condition sought, not evidence that a different
condition was proved than that sought.
Vote: 3-0
Opinion by: Judge Skow
Appellate District: 6
Illegal
alien entitled to participate in workers' compensation fund for
work-related injury even though he was in country illegally after
failing to comply with deportation order.
Vote: 3-0
Opinion by: Judge Donofrio
Appellate District: 7
Individual
who was hired by employer to work that day was entitled to workers'
compensation benefits even though they were injured on first day worked
and employer claimed they only intended the individual to work for that
day.
Vote: 3-0
Opinion by: Judge Celebrezze
Appellate District: 8
Injury
which occurred while running a part of a marathon relay team which was
sponsored by employer did not occur in the course of employment.
Vote: 3-0
Opinion by: Judge Whitmore
Appellate District: 9
Injury during basketball game which employee was not required to participate in as part of employment was not compensable.
Vote: 3-0
Opinion by: Judge Slaby
Appellate District: 9
Injured at Work?
Stewart Jaffy &
Associates can help you receive the workers’ compensation
benefits you
are entitled to. We are based in Columbus and represent
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
disability).
Initial consultations with potential clients are
free. If you are interested in talking with us about a
potential
case, call us at (614) 228-6148.
Stewart Jaffy &
Associates Co.,
LPA | Attorneys at Law
306 E. Gay St. | Columbus, OH 43215
Telephone: (614) 228-6148 | Fax: (614) 228-6140
http://www.jaffylaw.com
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