Ohio Court of Appeals Decisions

Ohio Court of Appeals Decisions

Current through: May 31, 2017

Select the case name to read the decision on the Ohio Supreme Court’s web site. You can also see Ohio Supreme Court decisions or decisions organized by topic.

2017

May 2017

McKinney v. Omni Die Casting, Inc. (5/22/17)

Trial Practice: Trial court erred in failing to allow BWC to intervene in intentional tort suit because BWC had subrogation right since employer fits within the subrogation statute's definition of "third party."

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

Aho v. RTI International Metals, Inc. (5/15/17)

Injury: Trial court improperly awarded summary judgment against worker injured while climbing stairs at work; because employer did not argue idiopathic cause of injury, worker had no burden to provide evidence contradicting idiopathic cause and inference is that injury was caused by unidentified risk at work.

Vote: 3-0
Opinion by: Judge Cannon
Appellate District:
11

Draper v. North American Science Associates, Inc. (5/12/17)

Trial Practice: Trial court lacks jurisdiction over appeal from Commission order refusing to exercise continuing jurisdiction to modify previous order denying claim.

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

April 2017

McKenzie v. Meijer, Inc. (4/24/17)

Trial Practice: Trial court lacks jurisdiction over attempted R.C. 4123.512 appeal involving denial of chiropractic services which did not result in termination of right to participate.

Vote: 3-0
Opinion by: Judge Piper
Appellate District:
12

Cuckler v. Admr. Bur. of Workers' Comp. (4/19/17)

Trial Practice: Expert opinion that worker suffered injury based on subjective complaints and objective evidence was sufficient to withstand summary judgment.

Vote: 2-1
Opinion by: Judge Hoover
Appellate District:
 4

Schramm v. Appvion, Inc. (4/14/17)

Trial Practice: Trial court properly granted summary judgment to dismiss refiled complaint which was filed more than one year after the previous case had been dismissed.

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

Rees v. Univ. Hosps. (4/13/17)

Injury: Nurse, injured while returning to CPR class required by her employer from trip to car to get required materials was injured in the course of, and arising out of, her employment under the "special mission" exception to the going and coming rule.

Vote: 3-0
Opinion by: Judge Celebrezze
Appellate District:
8

Penske Truck Leasing Co., L.P., State ex rel. v. Indus. Comm. (3/28/17)

Permanent Total: Commission allocation of portion of permanent total award to 2001 claim was improper when medical evidence relied on did not indicate that the 2001 claim contributed to the permanent total disability suffered by the injured worker.

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

Burke v. Wal-Mart Stores, Inc. (3/27/17)

Settlement: Confidential settlement agreement became effective under R.C. 4123.65(C) even though  self-insured employer submitted trial court's agreed judgment entry terminating claim, instead of the confidential settlement agreement.

Vote: 2-1
Opinion by: Judge Cannon
Appellate District:
 11

March 2017

Klein, State ex rel. v. Precision Excavating & Grading Co. (3/21/17)

Temporary Total: Commission cannot find injured worker voluntarily abandoned his employment when he quit work and moved to a different state if the medical evidence establishes that he remained medically incapable of returning to his former employment at the time he quit his job. 

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

Cleveland Browns Football Co. LLC, State ex rel. v. Indus. Comm. (3/9/17)

Continuing Jurisdiction: When football team paid salary to injured player who could not play in games, salary constituted "wages in lieu of [temporary total] compensation" which made the claim  a lost time claim subject to the ten year statute of limitations provdided for by former R.C. 4123.52.

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

Hulbert v. Buehrer (3/9/17)

Trial Practice: Trial court lacked jurisdiction to hear R.C. 4123.512 appeal from Commission decision seeking modification of order setting hourly rate of pay for LPN caregiver.

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

February 2017

Franklin v. BHC Servs., Inc. (2/23/17)

Injury: Trial court improperly granted summary judgment based on the going and coming rule against home health aide injured while traveling from one client's site to another because genuine issues of material fact exist regarding whether she was a fixed situs employee and, if so, whether an exception to the going and coming rule applies.

Vote: 3-0
Opinion by: Judge Blackmon
Appellate District:
 8

Molton v. Kroger Co. (2/17/17)

Injury: Going and coming rule bars compensation to dependant of worker killed when hit by a vehicle  as she was walking in a public street from her place of employment to a bus stop.

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

Witt, State ex rel. v. Indus. Comm. (2/16/17)

AWW: BWC has continuing jurisdiction to correct an error in the AWW (and FWW) calculation, and is not required to file a motion to have the Industrial Commission correct the error.

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

Miller v. Horizons Health Servs., L.L.C. (2/9/17)

Injury: Trial court properly granted summary judgment against worker who suffered idiopathic injury because worker did not provide facts to establish that a specific risk/hazard of her employment contributted to her injury.

Vote: 3-0
Opinion by: Judge Celebrezze
Appellate District:
 8

Nelson v. Colossal Constr. Co., Inc. (2/3/17)

Trial Practice: When no objections were filed to magistrate's decision at trial court, Court of Appeals review is limited to situations where a "plain error" occurred. 

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

Samuel v. Progressive Cas. Ins. Co. (2/2/17)

Injury: Where no evidence indicated that employer required worker to submit documentation related to leave in person, injury which occurred when worker went to employer's location solely for the purpose of dropping off documentation did not occur in the course of employment.

Vote: 2-0, 1 concurs in judgment only
Opinion by: Judge Mays
Appellate District:
 8

January 2017

<< No Decisions Indexed >>

2016

December 2016

Hornyak v. Reserve Alloys L.L.C. (12/29/16)

Employment: Where it is not clear that defendant company in lawsuit was the employer who contracted with a temporary agency for injured worker's services, defendant company is not entitled to summary judgment due to workers' compensation immunity because only an employer who pays workers' compensation premiums (either directly or indirectly) is entitled to immunity.

Vote: 3-0
Opinion by: Judge Kilbane
Appellate District:
 8

White v. Tomkins Industries Inc. (12/27/16)

Trial Practice: Because decision denying treatment request due to intervening injury did not terminate claim it could not be appealed to court under R.C. 4123.512.

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

Rolsen v. Walgreen Co. (12/22/16)

Injury: Injury resulting from adverse reaction to voluntary vaccination provided during working hours by employer did not occur in the "course of" employment and was not compensable.

Vote: 3-0
Opinion by: Judge Gallagher
Appellate District:
 8

Deems v. Minute Men, Inc. (12/21/16)

Injury: Going and coming rule bars employee who worked for temporary agency from participating for injury suffered in auto accident which occurred after work when they were driving to the agency to pick up their paycheck.

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

Brinker v. Frontier North, Inc. (12/21/16)

Administrative Practice: Physician's letter challenging BWC denial of claim did not constitute appeal because physician was not designated as injured worker's representative and only a party or their representative may appeal.

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

Dunlap, State ex rel. v. Indus. Comm. (12/13/16)

Fraud: Commission finding of fraud is limited to time after BWC altered definition of "work" on form signed by injured worker because until that definition informed worker that unpaid activities constituted work there was no basis for assuming that injured worker knew that unpaid activities were improper and knowledge is a required element for finding fraud.

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

November 2016

Carlisle Brake & Friction, State ex rel. v. Codney (11/22/16)

Medical: C-9 form filled out by doctor, on its own, constitutes "some evidence" to support Commission decision to grant request for medical services.

Vote: 3-0
Opinion by: Judge Luper Schuster
Appellate District:
10

Sanders, State ex rel. v. Indus. Comm. (11/10/16)

Death: Dismissal of injured worker's claim on merits in employer's appeal to court, due to injured worker's death, precludes award of accrued but unpaid temporary total compensation to surviving spouse because injured worker in such a situation was not entitled to temporary total award.

Vote: 2-0, 1 concurs in judgment only
Opinion by: Judge Brown
Appellate District:
 10

Alhamarshah v. Salem (11/8/16)

Trial Practice: Trial court can consider whether administrative appeal was validly filed as part of an R.C. 4123.512 appeal; however, injured worker failed to properly raise issue since notice of appeal and complaint filed in Common Pleas Court failed to reference Commission's order granting administrative appeal.

Vote: 2-0, 1 concurs in judgment only
Opinion by: Judge Luper Schuster
Appellate District:
 10

Alexander v. Boston (11/2/16)

Injury: Fellow servant rule applied to prevent negligence suit against co-worker based on injury caused by accident in parking lot immediately outside place of employment during lunch break because accident occurred in the course of, and arising out of, employment.

Vote: 2-0, 1 concurs in judgment only
Opinion by: Judge Whitmore
Appellate District:
9

Roberts, State ex rel. v. Indus. Comm. (11/1/16)

Wage Loss: Injured worker who is working at physical and mental limitation is not required to conduct good faith job search to receive working wage loss.

Vote: 3-0
Opinion by: Judge Luper Schuster
Appellate District:
10

October 2016

Williams v. Minute Men Select, Inc. (10/21/16)

Trial Practice: Doctors' diagnoses in medical records were properly excluded because they did not meet requirements for admission under any hearsay exception.

Vote: 2-0, 1 concurs separately
Opinion by: Judge Gwin
Appellate District:
5

October 7, 2016

Thomas v. Bur. of Workers' Comp. (10/7/16)

Trial Practice: Evidentiary errors, which included permitting hearsay in doctor's testimony and improperly admitting claim file from previous workers' compensation claim which contained prejudicial hearsay diagnoses and irrelevant information about benefits, justified trial court's decision to grant new trial.

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

October 5, 2016

Higgins v. Buehrer (10/5/16)

Trial Practice: Court must review all evidence admitted at trial before issuing ruling.

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

September 2016

September 27, 2016

Ohio Paperboard, State ex rel. v. Indus. Comm. (9/27/16)

VSSR: Commission properly applied safety code provision covering an "operator" of a machine to a mechanic who operated machine in maintenance mode, even though he did not operate the machine during its normal operation; nor did employee's actions justify denial of VSSR award because unilateral negligence defense only applies if the employer initially complied with the requirements of the safety code.

Vote: 3-0
Opinion by: Judge Luper Schuster
Appellate District: 10

September 9, 2016

Ohio Bur. of Workers' Comp. v. Petty (9/9/16)

Trial Practice: Trial court improperly found injured worker was not a "claimant" when granting summary judgment against BWC in subrogation claim because evidence indicated claim had been allowed before settlement was executed.

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

September 1, 2016

Manor Care, Inc., State ex rel. v. Indus. Comm. (9/1/16)

Temporary Total: When determining whether injured worker lost eligibility for temporary total because they abandoned their employment, the proper issue is whether they were totally disabled when they left their employment -- not whether they were actually receiving temporary total compensation at that time.

Vote: 3-0
Opinion by: Judge Luper Schuster
Appellate District: 10

August 2016

<< No Decisions Indexed >>

July 2016

<< No Decisions Indexed >>

June 2016

June 21, 2016

31, State ex rel. Inc. v. Indus. Comm. (6/21/16)

VSSR: Commission cannot apply provision permitting BWC to grant exception to literal requirements of VSSR rule in cases of practical difficulty or unnecessary hardship to deny VSSR award when BWC did not grant any exception before the injury occurred.

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

June 9, 2016

Cunningham v. Bone Dry Waterproofing, Inc. (6/9/16)

Injury: Although painter worked at as many as five locations in a day, each of those locations was a fixed situs, so the going and coming rule applies to determine whether he is entitled to participate for an injury which occurred during travel.

Vote: 2-1
Opinion by: Judge Brown
Appellate District: 10

May 2016

May 12, 2016

Kljun v. Morrison (5/12/16)

Amputation/Loss of Use: Legislative amendment contained in budget bill which changed method of payment for R.C. 4123.57(B) amputation/loss of use award violated the Ohio Constitution's one-subject rule because there is no relationship between the state's budget and the payment of the award (which is paid either directly by self-insurers or from the state fund created by employer premium payments, rather than from the state's budget).

Vote: 2-1
Opinion by: Judge Kilbane
Appellate District: 8

May 6, 2016

Hill v. Pepsi-Cola Gen. Bottlers, Inc. (5/6/16)

Occupational Disease: Doctor's evidence which did not state basis of, or provide medical authority to support, doctor's opinion that workplace exposure caused disease, was not sufficient to withstand employer's motion for summary judgment.

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

May 3, 2016

Holman v. Shiloh Grove Ltd. Partnership (5/3/16)

Trial Practice: Court's editing of transcripts used to present doctor's testimony did not prejudice claimant, because even though resulting testimony was disjointed, the disjointed nature of the resulting testimony was minor and not prejudicial to claimant.

Vote: 3-0
Opinion by: Judge Luper Schuster
Appellate District: 10

April 2016

April 26, 2016

Kenney v. Ables (4/26/16)

Employment: Coemployee has immunity under R.C. 4123.741 from a tort suit arising out of actions which occurred in the course of and arising out of the employment from both a tort suit by the injured party and a derivative loss of consortium suit by the injured party's spouse.

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

April 12, 2016

Willis v. Ohio Dept. of Transp. (4/12/16)

Injury: Post-laminectomy syndrome is not just a symptom, but is a specific condition which may be the subject of an R.C. 4123.512 appeal.

Vote: 2-1
Opinion by: Judge Hoover
Appellate District: 4

March 2016

March 31, 2016

Yates v. G&J Pepsi-Cola Bottlers, Inc. (3/31/16)

Trial Practice: Dismissal of complaint did not deprive trial court of jurisdiction over appeal, and injured worker could refile complaint within one year provided by savings statute.

Vote: 3-0
Opinion by: Judge Harsha
Appellate District: 4

Young v. Craig Transp. Co. (3/31/16)

Trial Practice: Whether injured worker had waived right to file claim in Ohio does not involve right to participate and cannot be challenged through R.C. 4123.512 appeal.

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

March 17, 2016

Ford v. Sunbridge Care Ents. (3/17/16)

Trial Practice: Although doctor's report should not have been admitted as evidence, improper admission of report was harmless error in light of other testimony and did not affect outcome of case.

Vote: 2-1
Opinion by: Judge Gallagher
Appellate District: 8

February 2016

February 23, 2016

Anderson v. Bueher (2/23/16)

Evidence used to initially support allowance of additional conditions as injuries did not also support granting a claim for substantial aggravation of those conditions because it did not differentiate the claims.

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

February 16, 2016

Dillard v. Automation Tool & Die, Inc. (2/16/16)

Injured worker has no right under Civil Rule 41(A)(1)(a) to unilaterally dismiss an employer's R.C. 4123.512 appeal to court.

Vote: 2-0, 1 concurs in judgment only
Opinion by: Judge Hensal
Appellate District: 9

January 2016

January 25, 2016

Dennis v. Gen. Motors Corp.(1/25/16)

The requirements of R.C. 4123.68(Y) for asbestosis claims do not apply to claims for asbestos-related lung cancer because asbestosis and asbestos-related lung cancer are distinct diseases; Industrial Commission Resolution R03-1-02 requires "injured workers" to submit evidence and does not apply to a death claim filed by a dependent who is not an injured worker.

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

January 22, 2016

Woods v. Bur. of Workers' Comp. (1/22/16)

Injury: Evidence, including doctor's MRI review and testimony regarding cause of substantial aggravation, satisfied statutory standard for establishing substantial aggravation claim.

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

January 19, 2016

Medina, State ex rel. v. Indus. Comm. (1/19/16)

Temporary Total: Report from August, 2014 examination which gave no opinion of injured worker's condition in February, 2014, does not provide some evidence to support Commission finding that condition reached MMI in February, 2014.

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

January 12, 2016

Bennett, State ex rel. v. Indus. Comm. (1/12/16)

Continuing Jurisdiction: Commission cannot exercise continuing jurisdiction based on claimed "mistake of law" where SHO order at issue applied the proper legal standard.

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

2015

December 2015

December 10, 2015

Moore v. E.I. DuPontde Nemours Co. (12/10/15)

Trial Practice: Trial court properly granted summary judgment because although widow provided evidence of unusual workplace stress, she failed to present evidence that the unusual workplace stress was the cause of her husband's heart attack. Affidavit from treating doctor, who was a family doctor, did not establish that doctor was qualified to give opinion on cause of heart attack.

Vote: 1-0, 2 concur in judgment only
Opinion by: Judge McFarland
Appellate District: 4

December 7, 2015

Johnson v. Jefferson Industries Corp. (12/7/15)

Trial Practice: Workers' compensation appeal is not timely if complaint is not filed within 30 days of notice of appeal. Therefore, filing second complaint after initial complaint is dismissed requires use of savings statute, which means that third complaint cannot be filed (because savings statute can only be invoked one time).

Vote: 3-0
Opinion by: Judge Ringland
Appellate District: 12

November 2015

November 30, 2015

Bryant v. Gen. Motors Corp. (11/30/15)

Occupational Disease: Evidence, including testimony of co-worker regarding asbestos exposure in plant and doctor's testimony that workplace asbestos exposure caused decedent's lung cancer, supported decision to allow widow's death claim based on lung cancer (even where decedent smoked one to two packs of cigarettes per day for 47 years).

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

November 13, 2015

Crisster v. Zimmer Surgical, Inc. (11/13/15)

Trial Practice: Doctor's affidavit indicating that injured worker's knee injury occurred due to his work, which was supported by attached medical records including statements from injured worker regarding history of injury was sufficiently based on "facts or data" to satisfy rules of evidence and create material issue of fact sufficient to withstand motion for summary judgment.

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

November 9, 2015

Elyria v. Scott (11/9/15)

Employment: Death of police officer killed while traveling on paid leave to perform union activities, as provided for by collective bargaining agreement, occurred in the course of and arising out of employment and dependents are entitled to participate in the workers' compensation fund.

Vote: 2-1
Opinion by: Judge Carr
Appellate District: 9

November 6, 2015

McMasters v. Kilbarger Constr., Inc. (11/6/15)

Employment: When employer hired employee knowing that employee would be required to travel to different sites requiring lengthy travel, and employer required employees to work long hours, injury which occurred due to car accident while traveling home after working sixteen hour shift is compensable because it satisfied "special hazard rule."

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

Perry v. Kilbarger Constr., Inc. (11/6/15)

Employment: When employer hired employee knowing that employee would be required to travel to different sites requiring lengthy travel, and employer required employees to work long hours, injury which occurred due to car accident while traveling home after working sixteen hour shift is compensable because it satisfied "special hazard rule."

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

Petry v. Kilbarger Constr., Inc. (11/6/15)

Employment: When employer hired employee knowing that employee would be required to travel to different sites requiring lengthy travel, and employer required employees to work long hours, injury which occurred due to car accident while traveling home after working sixteen hour shift is compensable because it satisfied "special hazard rule."

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

October 2015

October 30, 2015

Clendenin v. Girl Scouts of W. Ohio (10/30/15)

Trial Practice: Injured worker can pursue R.C. 4123.512 appeal from Commission order which terminated the right to participate for substantial aggravation of a pre-existing condition because that condition had abated even though she remained eligible to participate for other injuries arising from the accident.

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

Salyers v. Buehrer (10/30/15)

Injury: Medical evidence that incident either directly injured or substantially aggravated a pre-existing injury is not sufficient to establish the injured worker's right to participate because it does not satisfy the statutory requirement for allowance of a "substantial aggravation" and also does not establish that the injury was "more likely than not" the result of direct causation.

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

October 29, 2015

Ferguson v. State (10/29/15)

Trial Practice: Provision of R.C. 4123.512 which prohibits an injured worker plaintiff from unilaterally dismissing their complaint seeking the right to participate in the workers' compensation fund when the case arises from an employer appeal is unconstitutional because it violates the separation of powers, equal protection and due process.

Vote: 3-0
Opinion by: Judge Blackmon
Appellate District: 8

October 27, 2015

Humility of Mary Health Partners, State ex rel. v. Indus. Comm. (10/27/15)

Permanent Total: When Commission awards permanent total because the allowed conditions render the injured worker incapable of working it does not need to consider disability factors and there is no need for the Commission to consider whether injured worker should have pursued vocational rehabilitation.

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

October 23, 2015

Warner v. DMAX Ltd., L.L.C. (10/23/15)

Trial Practice: Work history provided by injured worker gave treating doctor sufficient knowledge of work conditions for doctor to provide valid opinion that the work caused the injured worker to suffer a gradually developing injury.

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

September 2015

September 30, 2015

Moore v. Administrator (9/30/15)

Trial Practice: Although a trier of fact is not required to adopt uncontradicted expert testimony, it cannot arbitrarily ignore it; therefore, trial court in bench trial improperly denied right to participate where evidence supported expert's opinion that worker suffered injury due to work incident and nothing in record contradicted that opinion.

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

September 29, 2015

Sunesis Constr. Co., State ex rel. v. Indus. Comm. (9/29/15)

VSSR: SHO properly found that collapsed trench involving wet soil violated safety standard since finding that soil was wet indicated specific safety requirement applied; further, evidence in record (including photographs and testimony about likely source of collapse) supported finding that failure to properly brace or shore trench proximately caused injury.

Vote: 3-0
Opinion by: Judge Luper Schuster
Appellate District: 10

September 24, 2015

Washington, State ex rel. v. Indus. Comm. (9/24/15)

Permanent Total: Some evidence supported Commission denial of permanent total based on finding that injured worker voluntarily abandoned her employment when she retired.

Vote: 2-1
Opinion by: Judge Klatt
Appellate District: 10

September 3, 2015

Tolle, State ex rel. v. Spherion of Mid-Ohio, Inc. (9/3/15)

Temporary Total: Voluntary abandonment doctrine does not bar payment of temporary total when an employer decides to fire an injured worker for pre-injury violation of an employer's policy discovered after the injury.

Vote: 3-0
Opinion by: Judge Luper Schuster
Appellate District: 10

September 1, 2015

Helton v. Admr., Bur. of Workers' Comp. (9/1/15)

Trial Practice: An injured worker filing an R.C. 4123.512 appeal from an Industrial Commission decision must file both a notice of appeal and a petition for the trial court to obtain jurisdiction over the appeal.

Vote: 3-0
Opinion by: Judge Luper Schuster
Appellate District: 10

August 2015

August 13, 2015

Johnson, State ex rel. v. OSU Cancer Research Hosp. (8/13/15)

Mandamus: Because a Commission grant of continuing jurisdiction which ultimately results in denial of the right to participate can be challenged through an R.C. 4123.512 appeal it cannot be challenged in a mandamus action.

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

August 7, 2015

Luettke v. Autoneum N. Am., Inc. (8/7/15)

Injury: A worker who suffers a work-related injury can participate in the workers' compensation system for their injury even if they suffered from a health condition which made them more susceptible to injury than a worker whose health was normal.

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

August 4, 2015

Barcus v. Buehrer (8/4/15)

Employment: Evidence of relationship between company and truck driver supported finding as a matter of law that truck driver was independent contractor, not employee, and therefore not entitled to workers' compensation benefits.

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

July 2015

<< No Decisions Indexed >>

June 2015

June 30, 2015

Whitt v. Wolfinger (6/30/15)

Employment: Evidence of relationship between company and individual who delivered newspapers and serviced newspaper vending machines supported finding as a matter of law that truck driver was independent contractor, not employee, and therefore not entitled to workers' compensation benefits.

Vote: 3-0
Opinion by: Judge Harsha
Appellate District: 4

June 25, 2015

Cakic v. Ridge Pleasant Valley, Inc. (6/25/15)

Trial Practice: When injured worker pursues multiple conditions, trial court is not required to breakdown time spent on successful versus unsuccessful claim when determining statutory award of attorney fees; however, record must contain evidence of effort expended by attorney to support award of attorney fees.

Vote: 3-0
Opinion by: Judge Gallagher
Appellate District: 8

June 19, 2015

Lafon v. Iron Tiger Logistics (6/19/15)

Employment: Employee is not entitled to participate in the workers' compensation system for an injury which occurred when he tripped over his untied shoelaces because the injury did not "arise out of" his employment.

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

June 11, 2015

Holbrook v. OhioHealth Corp. (6/11/15)

Injury: Res judicata bars second claim for an additional allowance which had previously been denied even though second claim argued that a surgery (which had occurred before the filing of the first claim), rather than the initial injury, caused the second condition.

Vote: 2-0, 1 concurs in judgment only
Opinion by: Judge Sadler
Appellate District: 10

Stringer v. Dept. of Health-Ohio (6/11/15)

Settlement:30 day period for withdrawal from a settlement agreement does not apply to settlements of state fund claims during an R.C. 4123.512 court appeal.

Vote: 2-1
Opinion by: Judge Gallagher
Appellate District: 8

June 9, 2015

BF Goodrich Co., State ex rel. v. Indus. Comm. (6/9/15)

Wage Loss:Injured worker entitled to wage loss compensation for lost overtime when their allowed condition limits them to restricted duty and collective bargaining agreement makes workers on restricted duty ineligible to work overtime.

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

June 4, 2015

Cleveland, State ex rel. v. Indus. Comm. (6/4/15)

Wage Loss: Injured worker entitled to wage loss compensation for lost overtime when their allowed condition limits them to restricted duty and employer's policy makes workers on restricted duty ineligible to work overtime.

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

May 2015

May 13, 2015

Alexander v. Boston (5/13/15)

Injury: Trial court improperly found fellow servant rule applied based solely on plaintiff's receipt of workers' compensation benefits because issue exists regarding whether defendant's actions occurred "in the course of, and arising out of" his employment.

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

April 2015

April 30, 2015

Sears Roebuck & Co., State ex rel. v. Indus. Comm. (4/30/15)

Temporary Total: Commission entitled to rely on injured worker's testimony in determining that injured worker retired due to effects of their injury and, as a result, did not voluntarily abandon the workforce.

Vote: 3-0
Opinion by: Judge Luper Schuster
Appellate District: 10

April 21, 2015

Krogman, State ex rel. v. B&B Ents. Napco Flooring, L.L.C. (4/21/15)

Temporary Total: Injured worker's abandonment of workforce can occur over period of years and Commission is not required to identify a specific date on which abandonment occurred to find abandonment which bars temporary total.

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

April 16, 2015

Kilbane v. Lutheran Hosp.-Cleveland Clinic (4/16/15)

Injury: Injury to nurse walking to parking lot while carrying bag containing clothing and shoes required for her employment, which was caused by wind pulling bag and causing her to fall, occurred in the course of, and arising out of, employment.

Vote: 3-0
Opinion by: Judge Mays
Appellate District: 8

March 2015

March 31, 2015

Vaught, State ex rel. v. Indus. Comm. (3/31/15)

Temporary Total: Commission improperly applied abandonment doctrine to deny temporary total compensation where there was no evidence in the record that the work rule which the employer allegedly fired the injured worker for violating was a written work rule.

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

Power v. Bay Park Community Hosp. (3/31/15)

Injury: Injury which occurred when hospital worker was picking up friend from emergency room did not occur in the course of, or arising out of, employment because the worker was picking up the friend after her work had ended and in a different area than where she worked.

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

March 23, 2015

Trent v. Stark Metal Sales, Inc. (3/23/15)

Injury: Trial court did not abuse discretion when denying employer ability to present testimony about injured worker's use of marijuana because such testimony would only be relevant if drug use proximately caused the injury, and proffered evidence did not indicate that injured worker was under the influence of marijuana when the injury occurred.

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

March 19, 2015

Bur. of Workers' Comp. v. Mal-Sarkar (3/19/15)

Trial Practice: Probate court, not common pleas court, has jurisdiction over BWC's claim for subrogation resulting from a wrongful death settlement involving a minor beneficiary.

Vote: 2-1
Opinion by: Judge Gallagher
Appellate District: 8

February 2015

February 19, 2015

Perez, State ex rel. v. Indus. Comm. (2/19/15)

Fraud: Although evidence supported finding that injured worker was not entitled to receipt of temporary total compensation, evidence did not support the Commission's finding that injured worker who had never misled BWC, and who had disclosed existence of business to BWC multiple times, committed fraud.

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

February 10, 2015

Coastal Pet Prods., Inc., State ex rel. v. Indus. Comm. (2/10/15)

Administrative Practice: Previous denial of workers' compensation claim filed by employer, without injured worker's signature or consent, did not bar injured worker from filing later claim for the injury because first claim did not constitute a valid application for workers' compensation.

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

January 2015

January 23, 2015

Little v. Dayton Pub. Schools (1/23/15)

Injury: Doctor's opinion of substantial aggravation based only on injured worker's description of her history did not satisfy statutory requirement of objective evidence necessary to participate for substantial aggravation claim.

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

Cranford v. Buehrer (1/23/15)

Trial Practice: Trial court did not err by excluding sworn statement of doctor, taken without providing opportunity for employer to cross-examination, even though doctor had died before trial.

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

2014

December 2014

December 18, 2014

Cordell, State ex rel. v. Indus. Comm. (12/18/14)

Temporary Total: Although a violation of a written work rule which occurred before the injury may justify an employer's decision to terminate an employee, it does not support a finding that the injured worker voluntarily abandoned their employment and lost eligibility for temporary total compensation.

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

December 8, 2014

Palette v. Fowler Elec. Co. (12/8/14)

Injury: Worker who begins working after arriving at a specific location is a fixed-situs employee, and the going and coming rule bars compensation for an injury while traveling to that location, even if the employer directs them to work at a different location every day.

Vote: 2-1
Opinion by: Judge Grendell
Appellate District: 11

December 4, 2014

Arberia, L.L.C., State ex rel. v. Indus. Comm. (12/4/14)

Amputation/Loss of Use:When injured worker suffered loss of use of limbs several hours before death due to injury, Commission properly granted entire loss of use award to dependents because R.C. 4213.60 does not limit amount of award to period of time when worker was alive.

Vote: 2-0, 1 concurs separately
Opinion by: Judge Tyack
Appellate District: 10

November 2014

November 26, 2014

Smith v. Franciscan Communities, Inc. (11/26/14)

Trial Practice: Trial court properly denied motion for attorney fees which provided no documentation of hours spent in preparation of case, hourly rate of attorney or costs incurred preparing for trial.

Vote: 2-0, 1 concurs in judgment only
Opinion by: Judge Kilbane
Appellate District: 8

November 20, 2014

Fabro v. OhioHealth Corp. (11/20/14)

Injury: Although R.C. 4123.01(C)(4) requires objective evidence to establish a substantial aggravation, the statute does not require pre-injury documentation that the condition existed.

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

November 19, 2014

Vogelmeier v. Ohio Power Co. (11/19/14)

Trial Practice: In claim for additional allowance, trial court did not err in permitting injured worker to provide evidence about previously allowed conditions; nor did trial court err in preventing employer from providing evidence about disallowed conditions relating to other parts of the body.

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

November 17, 2014

Hart v. Ridge Tool Co. (11/17/14)

Settlement: Settlement agreement became binding when injured worker failed to provide written notice to employer and BWC within 30 days provided by statute for a party to withdraw consent to a settlement.

Vote: 2-1
Opinion by: Judge Whitmore
Appellate District: 9

October 2014

October 13, 2014

Linardos v. Joe Tex, Inc. (10/13/14)

Injury: Out of state worker injured in Ohio is entitled to receive Ohio workers' compensation benefits if their employer opted out of workers' compensation benefits pursuant to the law of another state by providing benefits through a third-party insurance policy.

Vote: 3-0
Opinion by: Judge Powell
Appellate District: 12

October 9, 2014

Lawson, State ex rel. v. Indus. Comm. (10/9/14)

Temporary Total: Medical evidence supported Commission termination of temporary total based on finding of MMI.

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

October 2, 2014

Gullie v. Cuyahoga Cty. (10/2/14)

Injury: Whether worker was fixed-situs employee (subject to going and coming rule) depends on consideration of overall job duties, not just what duties the worker performed on the day of injury.

Vote: 3-0
Opinion by: Judge Kilbane
Appellate District: 8

September 2014

September 25, 2014

Walker v. Ford Motor Co. (9/25/14)

Occupational Disease: Worker who claims that industrial exposure to toxic substance caused occupational disease must prove both "general causation" (that substance can cause the disease) and "specific causation" (that exposure caused worker to suffer the disease) to participate in the workers' compensation fund.

Vote: 3-0
Opinion by: Judge Rocco
Appellate District: 8

September 23, 2014

Terry, State ex rel. v. The Andersons, Inc. (9/23/14)

Permanent Total: Requirement of recent medical report to process permanent total application does not mean that older medical evidence is necessarily stale.

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

September 22, 2014

Carnahan v. Morton Bldgs., Inc. (9/22/14)

Injury: Injury resulting from accident during tour of property where worker had been part of construction crew did not arise from employment, because (1) even though it occurred on the property where he was working, it did not occur on the authorized job site; (2) the employer had no control over the location of the accident; and (3) the accident did not occur as part of the worker's job duties and did not provide a benefit to the employer.

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

September 15, 2014

Coler v. Anchor Acquisition, L.L.C. (9/15/14)

Injury: Detailed medical records, and doctor's testimony about his reliance on those records, satisfied statutory requirement of objective evidence to support claim for substantial aggravation.

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

August 2014

August 28, 2014

Jones v. Multicare Health & Educational Servs., Inc. (8/28/14)

Injury: In-home healthcare provider injured in car accident when returning to pharmacy from lunch in order to pick up prescription for a patient is not entitled to participate for injury because injury occurred during a "personal frolic" rather than the employment.

Vote: 3-0
Opinion by: Judge Gallagher
Appellate District: 8

August 18, 2014

Cornett v. Admr., Ohio Bur. of Workers' Comp. (8/18/14)

Employment: Individual who answered ad offering horse barn for rent and did not receive any form of compensation from owner of barn for duties running barn was in a landlord-tenant relationship, rather than an employment relationship, and was not an employee of the barn's owner for workers' compensation purposes.

Vote: 3-0
Opinion by: Judge Powell
Appellate District: 12

July 2014

<< No Decisions Indexed >>

June 2014

June 9, 2014

Briggs v. Franklin Pre-Release Ctr. (6/9/14)

Injury: An injured worker cannot participate for the substantial aggravation of an injury where the medical evidence does not support a finding that the worker suffered from the condition before the injury occurred.

Vote: 3-0
Opinion by: Judge Powell
Appellate District: 12

May 2014

May 29, 2014

James, State ex rel. v. Wal-Mart Stores, Inc. (5/29/14)

Temporary Total: Injured worker who was fired for absenteeism from a different employer than the employer of injury could be eligible for temporary total if the absences which caused the second employer to fire him were due to the allowed condition.

Vote: 2-0, 1 concurs in part and dissents in part
Opinion by: Judge Connor
Appellate District: 10

May 28, 2014

Marshall v. Oncology/Hematology Care, Inc. (5/28/14)

Trial Practice: Trial court properly granted summary judgment for employer where no evidence indicated a causal connection between the injury and the condition claimant sought to have allowed.

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

May 27, 2014

Gilbrath v. Autozone, Inc. (5/27/14)

Trial Practice: Order which only refuses benefits for specified period of time, and leaves open the possibility for the injured worker to seek future benefits does not terminate the claim and cannot be appealed under R.C. 4213.512.

Vote: 2-0, 1 concurs in judgement only
Opinion by: Judge Abele
Appellate District: 4

May 16, 2014

Lemus-Sanchez v. Fayette Drywall, Inc. (5/16/14)

Trial Practice: Medical testimony not required to establish that flying concrete caused cut to injured worker's eye, because it is common knowledge that if flying concrete hits someone in the eye it can cause a cut.

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

May 7, 2014

Witschger v. E.I. DuPont De Nemours & Co. (5/7/14)

Injury: Collateral estoppel bars workers' compensation claim against one employer when the Industrial Commission has already granted the injured worker the right to participate for the exact same injury against a different employer.

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

May 5, 2014

Williams v. Bur. of Workers' Comp. (5/5/14)

Continuing Jurisdiction: When only medical benefits had been paid in claim, and no medical benefits had been paid since 2000, and employer filed motion in 2011 seeking Commission order finding claim expired, trial court properly found on appeal from Commission order that claim had expired.

Vote: 3-0
Opinion by: Judge Powell
Appellate District: 12

April 2014

April 21, 2014

Donini v. Manor Care, Inc. (4/21/14)

Trial Practice: On employer appeal from Industrial Commission decision to allow claim, employer entitled to judgment where employee failed to timely refile complaint after she and the employer stipulated to a voluntarily dismissal without prejudice.

Vote: 3-0
Opinion by: Judge Harsha
Appellate District: 4

April 17, 2014

Newsome, State ex rel. v. Indus. Comm. (4/17/14)

Fraud: Where Commission continued hearing to subpoena witness due to doubts about affidavit which conflicted with other statements made by witness, Commission erred by later relying on affidavit to find fraud without hearing testimony from witness.

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

Haynik v. Sherwin-Williams Co. (4/17/14)

Injury: Injured worker who presented medical testimony, medical records and personal testimony regarding substantial aggravation of knee provided sufficient objective evidence to satisfy statutory requirement of objective evidence to establish substantial aggravation claim.

Vote: 3-0
Opinion by: Judge Gallagher
Appellate District: 8

April 14, 2014

Weisenauer v. Am. Standard, Inc. (4/14/14)

Occupational Disease: To be timely, an occupational disease claim must be filed within two years of the last to occur of three events. In a case where two of the three events had happened more than two years before the claim was filed, the Court found that a worker who never quit work due to the effects of his occupational disease (the third event) timely filed the claim, even though he had stopped working more than two years before filing the claim for other reasons.

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

April 10, 2014

Jones, State ex rel. v. Indus. Comm. (4/10/14)

Temporary Total: Being fired does not necessarily constitute abandonment of job. Facts surrounding employer's decision to fire injured worker did not support finding of abandonment.

Vote: 2-1
Opinion by: Judge Tyack
Appellate District: 10

March 2014

March 31, 2014

Ohio Bur. of Workers’ Comp. v. McKinley (3/31/14)

Trial Practice: Third party which settled with injured worker not responsible for BWC’s subrogation interest when BWC had notice of the settlement proceedings even if the settlement agreement did not reference the BWC’s subrogation right.

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

Fields v. Buehrer (3/31/14)

Trial Practice: Where injured worker sought to participate for a condition they allegedly suffered, uncontested doctor's report indicating that injured worker did not suffer from that condition supported trial court's decision to grant summary judgment against injured worker.

Vote: 3-0
Opinion by: Judge O'Grady
Appellate District: 10

Strickler v. Columbus (3/31/14)

Injury: Medical evidence did not establish that injured worker suffered a pre-existing condition because doctor never explained basis of opinion that injured worker had a pre-existing condition.

Vote: 2-1
Opinion by: Judge Klatt
Appellate District: 10

March 25, 2014

Martin, State ex rel. v. Springfield Twp. (3/25/14)

Permanent Total: Commission can not deny permanent total claim based on allowed psychiatric conditions solely because injured worker's allowed physical conditions have not yet reached maximum medical improvement.

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

March 20, 2014

Tradesman,State ex rel. Internatl. v. Indus. Comm. (3/20/14)

Permanent Total: Doctor's report which indicated worker could not perform sustained remunerative employment and provided low impairment rating was not internally inconsistent, and therefore Commission did not improperly rely on report in order granting permanent total.

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

February 2014

February 21, 2014

Beal v. Bauer (2/21/14)

Employment: Because evidence indicated that injured person was not an employee of claimed employer, trial court correctly found that he was not entitled to participate in the workers' compensation fund.

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

January 2014

January 28, 2014

Daniel v. Williams (1/28/14)

Injury: Where unknown third party filed workers' compensation claim, and injured worker did not know claim existed or have chance to provide evidence, BWC denial does not act as res judicata against later claim filed by injured worker for same injury.

Vote: 3-0
Opinion by: Judge O'Grady
Appellate District: 10

January 16, 2014

Szulinski v. Kellison & Co (1/16/14)

Trial Practice: Trial court properly admitted medical report of doctor who conducted independent medical exam for employer into evidence when offered by injured worker. Report not barred as hearsay because it qualifies as an admission by someone authorized by the employer to make a statement (Evid.R. 801(D)(2)(c)); since report qualifies under Evid.R. 801(D)(2)(c), admission did not deprive employer or BWC's right to cross-examine a witness.

Vote: 3-0
Opinion by: Judge Jones
Appellate District: 8

January 3, 2014

Collins v. Interim Healthcare of Columbus, Inc. (1/3/14)

Trial Practice: Trial court abused discretion when it granted BWC request for global medical release without first conducting an in camera inspection of the records to determine which ones were related to the claim.

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

2013

December 2013

December 31, 2013

Beaumont v. Kvaerner N. Am. Constr. (12/31/13)

Trial Practice: Employer cannot challenge Commission decision to allow conditions by filing counterclaim to an injured worker's appeal instead of filing a notice of appeal.

Vote: 2-1
Opinion by: Judge Rice
Appellate District: 11

December 19, 2013

Agustin, State ex rel. v. Tepe (12/19/13)

Permanent Total: Commission improperly based permanent total denial on unsworn statement by injured worker's attorney because that statement did not constitute evidence.

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

December 6, 2013

Harrison v. Panera, L.L.C. (12/6/13)

Injury: Doctor's physical examination and x-rays of injured worker satisfied statutory requirement that injured worker provide objective evidence that they suffered substantial aggravation of a pre-existing injury.

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

November 2013

November 27, 2013

Ferrari v. Jamestown Transp. (11/27/13)

Employment: When truck driver created corporation, and alleged employer's payroll company made payments to that corporation, trial court properly found that he was an independent contractor.

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

Ferrari v. Top Flight Driver Leasing, L.L.C. (11/27/13)

Employment: When truck driver created corporation, and alleged employer's payroll company made payments to that corporation, trial court properly found that he was an independent contractor.

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

November 22, 2013

Tunks v. Chrysler Group, L.L.C. (11/22/13)

Trial Practice: Trial court properly excluded evidence that injured worker had a previous unrelated allowed condition arising from unrelated incident.

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

November 19, 2013

Cafaro Mgt. Co., State ex rel. v. Indus. Comm. (11/19/13)

Permanent Total: Commission explanation that 2008 injury was cause of injured worker's leaving work force (since he had returned to work following previous injury) was sufficient justification to support Commission's allocation of 25% of permanent total award to 2008 claim.

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

Almendinger, State ex rel. v. Indus. Comm. (11/19/13)

Medical: Doctor's opinion that requested medical treatment was not necessary to treat allowed condition supported Commission's denial of treatment.

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

November 5, 2013

Lacroix, State ex rel. v. Indus. Comm. (11/5/13)

Permanent Total: Possible error in vocational report relied on by Commission does not invalidate order because medical evidence on and remainder of vocational report support Commission's decision.

Vote: 3-0
Opinion by: Judge O'Grady
Appellate District: 10

October 2013

October 25, 2013

Lake v. Anne Grady Corp. (10/25/13)

Injury: Although statute does not require existence of pre-injury objective evidence for an injured worker to participate for substantial aggravation, a trial court properly granted summary judgment against a claimant where her doctor did not identify any objective medical evidence to support contention that injured worker suffered a substantial aggravation.

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

October 3, 2013

Precision Steel Servs., Inc., State ex rel. v. Indus. Comm. (10/3/13)

VSSR: Commission has authority to interpret rules and determine meaning of terms not defined in the rules; however, Commission cannot conclude both that the same piece of equipment involved a defective safety device and lacked a safety device.

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

September 2013

September 27, 2013

Wright v. Miami Valley Hosp. (9/27/13)

Trial Practice: Same document cannot be both notice of appeal and complaint.

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

September 20, 2013

Foster v. Bur. of Workers' Comp. (9/20/13)

Injury: Trial court properly granted summary judgment against employee injured when she fell on ice in parking area not owned, maintained, or controlled by the employer.

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

September 16, 2013

Phipps v. Internatl. Paper Co. (9/16/13)

Trial Practice: Doctor's cross-examination testimony that injured worker's pain due to allowed condition was a factor (but not a cause) of a psychological condition did not contradict his testimony on direct and redirect that the allowed condition did not proximately cause the psychological condition.

Vote: 3-0
Opinion by: Judge Powell
Appellate District: 12

August 2013

August 13, 2013

Hudson, State ex rel. v. Indus. Comm. (8/13/13)

Permanent Total: When the Commission rejects all medical evidence, its decision to deny permanent total is invalid because it is not based on any evidence and the Commission must base its decision on medical evidence demonstrating the effect of the allowed conditions on the injured worker's ability to work.

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

August 8, 2013

Gardi v. Lakewood School Dist. Bd. of Edn. (8/8/13)

Injury: Statute does not require that an injured worker have medical documentation of a pre-existing condition from before the injury in order to establish substantial aggravation of a pre-existing condition.

Vote: 3-0
Opinion by: Judge Keough
Appellate District: 8

July 2013

July 30, 2013

Henegar, State ex rel. v. Trinity Home Builders, Inc. (7/30/13)

Continuing Jurisdiction: Commission improperly exercised continuing jurisdiction based on claim that SHO committed a clear mistake of fact.

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

July 25, 2013

Pennant Moldings, Inc., State ex rel. v. Indus. Comm. (7/25/13)

VSSR: Employer commits VSSR when injury resulted from failure of safety device and employer had prior notice that safety device had malfunctioned.

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

July 19, 2013

Sturm v. Toledo (7/19/13)

Trial Practice:Jury instructions properly set forth statutory requirements for substantial aggravation claim.

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

July 18, 2013

Jimmison v. G.C.R.T.A. (7/18/13)

Trial Practice: Trial court properly granted summary judgment against worker when medical records supporting his claim did not establish that his injuries occurred due to his work.

Vote: 2-0, 1 concurs in judgment only
Opinion by: Judge Jones
Appellate District: 8

Jolette v. A T L M, Inc. (7/18/13)

 Trial Practice: Claimant's failure to notify doctors about subsequent injury rendered their testimony that her work injury caused her medical condition invalid.

Vote: 2-1
Opinion by: Judge Stewart
Appellate District: 8

July 15, 2013

McRoberts v. Gen. Elec. Co. (7/15/13)

Occupational Disease: Worker not entitled to participate for aggravation of non-occupational disease where aggravation does not qualify as occupational disease.

Vote: 3-0
Opinion by: Judge Hendrickson
Appellate District: 12

June 2013

June 27, 2013

Alhamarshah, State ex rel. v. Indus. Comm. (6/27/13)

Administrative Practice: Commission has broad discretion to determine whether party attempting administrative appeal substantially complied with statutory requirements.

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

May 2013

May 21, 2013

Ohio Bur. of Workers' Comp. v. Miller (5/21/13)

Trial Practice: BWC entitled to summary judgment on its subrogation claim against an employer who settled potential claim with injured worker without following procedures of subrogation statute because employer satisfied subrogation statute's definition of "third party."

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

May 13, 2013

Miller v. Community Health Partners (5/13/13)

Injury: Employer's failure to appeal psychiatric injury resulting from back condition does not entitle claimant to judgment on appeal relating to underlying back injury. The final decision on the psychiatric injury does not act as res judicata because there is no evidence that the issue of whether the injured worker suffered a compensable back injury was fully litigated in the hearing on the psychiatric claim.

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

April 2013

April 22, 2013

Siembieda v. Coastal Pet Prods., Inc. (4/22/13)

Trial Practice: Commission order which exercises continuing jurisdiction to vacate the denial of a claim and finds claim "neither allowed, nor disallowed" does not involve the right to participate and court lacks jurisdiction over employer's R.C. 4123.512 appeal.

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

April 19, 2013

Friebel v. Visiting Nurse Assn. of Mid Ohio (4/19/13)

Injury: Court improperly granted summary judgment against employee injured while traveling for her employment because even though employee had dual intentions (including personal and business travel), she had not departed from her business travel at time accident occurred.

Vote: 2-1
Opinion by: Judge Gwin
Appellate District: 5

April 15, 2013

Hart v. Ridge Tool Co. (4/15/13)

Settlement: Trial court prematurely dismissed workers' compensation claim against self-insurer based on oral settlement because R.C. 4123.65 provides that parties have 30 days after signing a written settlement agreement to withdraw from the settlement.

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

April 5, 2013

Kershner v. High Point Home Health, Ltd. (4/5/13)

Injury: Jury could find home health care worker injured in slip on ice while entering her car entitled to participate because she planned to make a required telephone call to her employer before leaving her client's house, which could satisfy the requirements of the going and coming rule.

Vote: 2-1
Opinion by: Judge Fain
Appellate District: 2

March 2013

March 25, 2013

Margello v. Parachute & Special Advocates for Children (3/25/13)

Employment: Volunteer who did not receive any form of compensation for volunteer activities is not an employee and therefore not entitled to receive workers' compensation benefits for an injury which occurred during volunteer activities.

Vote: 3-0
Opinion by: Judge S. Powell
Appellate District: 12

March 19, 2013

Casto, State ex rel. v. Indus. Comm. (3/19/13)

Mandamus: Party asserting affirmative defense not entitled to mandamus relief where record does not demonstrate that it raised issue administratively.

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

March 15, 2013

Rubenbauer v. C. W. Zumbiel Co. (3/15/13)

Trial Practice: Successful claimant entitled to payment of attorney fees, but evidence in record must support amount awarded.

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

February 2013

February 28, 2013

Jones v. Multicare Health & Educational Servs., Inc. (2/28/13)

Injury: Jury could find that home health care worker injured in accident which occurred when driving from lunch break to pick up prescription for client was injured in the course of and arising out of employment.

Vote: 3-0
Opinion by: Judge Boyle
Appellate District: 8

Brannon v. Buehrer (2/28/13)

Trial Practice: Employer entitled to summary judgment where injured worker did not present medical evidence indicating that work caused or substantially aggravated the injured worker's medical condition.

Vote: 3-0
Opinion by: Judge Kilbane
Appellate District: 8

February 25, 2013

Cowan v. Interdyne Corp. (2/25/13)

Employment: When the customer of an employment agency controlled the employee's day-to-day work tasks, R.C. 4123.74 grants the customer immunity from a lawsuit filed by the employee.

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

February 22, 2013

Kinsey v. Apex Bolt & Machine Co. (2/22/13)

Trial Practice: Trial court properly granted summary judgment against injured worker who did not produce any evidence to establish causal connection between injury and work.

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

February 14, 2013

Luciano v. NCC Solutions, Inc. (2/14/13)

Injury: Going and coming rule bars employee from participating for injury resulting from car accident which occurred while returning to work from performing personal errands.

Vote: 3-0
Opinion by: Judge Gallagher
Appellate District: 8

February 12, 2013

Metz, State ex rel. v. GTC Inc. (2/12/13)

Permanent Total: Commission improperly relied on doctor's opinion that injured worker could perform sedentary work because doctor reported restrictions which conflict with administrative code definition of sedentary.

Vote: 2-1
Opinion by: Judge Tyack
Appellate District: 10

February 4, 2013

Serraino v. Fauster-Cameron, Inc. (2/4/13)

Employment: Required causal connection does not exist between salmonella poisoning and employment where employer had no control over activities of catering company which served food in its break room.

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

Jamuary 2013

January 31, 2013

Dobransky v. Cleveland Metro. Park Sys. (1/31/13)

Trial Practice: Trial court should have granted employer's motion to dismiss filed when claimant failed to refile complaint within a year of voluntary dismissal.

Vote: 3-0
Opinion by: Judge Stewart
Appellate District: 8

January 22, 2013

Smiley v. Professional Staff Mgt. Inc. (1/22/13)

Injury: R.C. 4123.542, which prohibits claimant who has received a decision on the merits in a workers' compensation claim in another state from filing an Ohio workers' compensation claim, does not violate equal protection.

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

2012

December 2012

December 31, 2012

Jones v. Catholic Healthcare Partners, Inc. (12/31/12)

Injury: Dual causation rule permits worker to participate for post-traumatic stress disorder caused both by stress of being taken hostage and physical injury which occurred to worker during incident.

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

Coler v. Anchor Acquisition, L.L.C. (12/31/12)

Trial Practice: Trial court improperly found that injured worker did not have a pre-existing condition when the parties stipulated that a pre-existing condition existed.

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

December 13, 2012

Perez v. Univ. Hosp. Health Sys. (12/13/12)

Continuing Jurisdiction: An employer's mistaken payment of benefits in an injured worker's first claim which were later properly transferred to a different claim do not extend the time the first claim remains alive.

Vote: 3-0
Opinion by: Judge Celebrezze
Appellate District: 8

December 10, 2012

Cremeans v. Contact Industries, Inc. (12/10/12)

Trial Practice: Court lacked jurisdiction over R.C. 4123.512 appeal where claimant did not file timely appeal from BWC denial order.

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

December 4, 2012

Cossin v. Ohio State Home Servs., Inc. (12/4/12)

Injury: Going and coming rule does not apply to nonfixed situs employee injured in car accident while returning home; employee also demonstrated the required causal connection between the injury and employment.

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

November 2012

November 8, 2012

Hunt, State ex rel. v. Roadway Express, Inc. (11/8/12)

Permanent Total: Order finding temporary total barred due to abandonment does not mean that abandonment bars permanent total because a different standard applies. Only total abandonment of the workforce bars permanent total.

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

October 2012

October 30, 2012

Budzevski v. OhioHealth Corp. (10/30/12)

Trial Practice: Equivocal doctor's testimony does not support allowance of additional condition. Doctor's testimony became equivocal when he testified on cross-examination that he was "not sure" if injured worker suffered condition due to injury.

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

October 23, 2012

Varney, State ex rel v. Indus. Comm. (10/23/12)

Amputation/Loss of Use: Injured worker does not have to demonstrate total loss of use of a finger to receive an award for loss of use of the finger. Injured worker entitled to award for total loss of use of finger if they lost more than two-thirds use of a finger.

Vote: 2-1
Opinion by: Judge Brown
Appellate District: 10

October 18, 2012

Cassens Transport Co., State ex rel. v. Indus. Comm. (10/18/12)

Medical: Commission properly authorized surgery independently necessary to treat allowed condition even though non-allowed condition also contributed to need for surgery.

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

September 2012

September 25, 2012

A.J. Rose Mfg. Co., State ex rel. v. Indus. Comm. (9/25/12)

Amputation/Loss of Use: Industrial Commission cannot order self-insured employer to pay remaining amount of ongoing R.C. 4123.57(B) amputation/loss of use award in a lump sum based on new administrative code provision which took effect while the self-insured employer was making bi-weekly payments.

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

September 21, 2012

Studnicka v. Bur. of Workers' Comp. (9/21/12)

Trial Practice: Trial court improperly found that condition did not exist before the injury when all the medical testimony indicated the existence of a pre-existing condition.

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

September 20, 2012

Edney v. Life Ambulance Serv., Inc. (9/20/12)

Injury: Chest pain was a symptom of another condition and did not satisfy the statutory definition of injury.

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

September 4, 2012

Woodard v. Cassens Transport Co. (9/4/12)

Injury: Traveling employee is in course of employment continuously during employment-related trip, except when on personal errand; car hauler who suffered injury in hotel room paid for by employer was on personal mission and not entitled to participate.

Vote: 2-1
Opinion by: Judge Preston
Appellate District: 3

August 2012

August 28, 2012

Ohio State Univ., State ex rel. v. Indus. Comm. (8/28/12)

Permanent Total: Doctor's report that injured worker had 17% impairment and could not work due to chronic pain from injury supported permanent total award and was not "internally inconsistent."

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

August 21, 2012

Jacobs, State ex rel. v. Indus. Comm. of Ohio & Cenveo Inc. (8/21/12)

Temporary Total: Rules governing whether temporary total can be denied for refusing light duty work do not apply to injured worker who was fired for abandoning employment after returning to light duty work.

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

August 16, 2012

Measles v. Indus. Comm. (8/16/12)

Permanent Total: Injured workers who agreed to reduced benefits in return for lump sum payments are not entitled to benefit of new policy which returns benefits to full amount once lump sum is repaid because they agreed to reduced payments for the life of the claim.

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

August 9, 2012

V & A Risk Servs., State ex rel. v. Ohio Bur. of Workers' Comp. (8/9/12)

Employer: BWC improperly transferred one company's experience rating (used to determine workers' compensation premiums) to a professional employer organization which was a separate legal entity based on the fact that the companies shared ownership.

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

July 2012

July 26, 2012

AT&T Teleholdings, Inc., State ex rel. v. Indus. Comm. (7/26/12)

Temporary Total: An injured worker who accepts a voluntary retirement does not necessarily voluntarily abandon the job market and retains eligibility for temporary total when the retirement resulted from their injury.

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

July 19, 2012

Ochs, State ex rel. v. Indus. Comm. (7/19/12)

Death: Commission did not improperly deny payments for funeral/medical expenses to estate because of lack of evidence of expenses and lack of evidence that death was related to allowed condition.

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

July 13, 2012

Bland v. Ryan (7/13/12)

Trial Practice: Three-part test applies to determine whether successful injured worker should receive reimbursement of costs under R.C. 4123.512(F).

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

June 2012

June 12, 2012

Black, State ex rel. v. Indus. Comm. (6/12/12)

Permanent Total: Abandonment of employment is an affirmative defense which must be established by the employer; the injured worker is not required to provide evidence that doctor told him to retire for retirement to be due to injury.

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

May 2012

May 31, 2012

Evert, State ex rel. v. Indus. Comm. (5/31/12)

Administrative Practice: Commissioner who did not attend hearing, or review transcript or electronic version of hearing improperly cast deciding vote.

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

Old Dominion Freight Line, Inc., State ex rel. v. Indus. Comm. (5/31/12)

Permanent Total: Commission did not act improperly when it sent supplemental evidence to its examining doctors after their examination of injured worker.

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

May 22, 2012

Cassens Transport Co. v. Bohl (5/22/12)

Injury: Evidence of decreased range of motion after treatment satisfied statutory requirement that “substantial aggravation must be documented by objective diagnostic findings, objective clinical findings, or objective test results.”

Vote: 2-1
Opinion by: Judge Preston
Appellate District: 3

May 10, 2012

Crisp, State ex rel v. Indus. Comm. (5/10/12)

Temporary Total: An employer's job offer only satisfies the requirement of "reasonable proximity" to an employee's residence if it is within reasonable proximity of where the injured worker "lives and intends to remain for some period of time."

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

May 1, 2012:

Cline, State ex rel. v. Abke Trucking, Inc. (5/1/12)

Temporary Total: Employer has burden of proving that injured worker voluntarily abandoned their employment; injured worker forced to quit work due to non-allowed medical condition did not voluntarily abandon his employment.

Vote: 2-1
Opinion by: Judge Connor
Appellate District: 10

April 2012

April 26, 2012

Lucas, State ex rel. v. Indus. Comm. (4/26/12)

Temporary Total: Some evidence supports Commission's decision that injured worker voluntarily abandoned her employment by accepting early retirement at a time when she was not disabled.

Vote: 2-0, 1 concurs in part and dissents in part
Opinion by: Judge Sadler
Appellate District: 10

March 2012

March 30, 2012

Bell v. Bur. of Workers' Comp. (3/30/12)

Trial Practice: Trier of fact cannot arbitrarily ignore expert testimony; evidence supported allowance of radiculopathy.

Vote: 3-0
Opinion by: Per Curiam
Appellate District: 1

Toth v. United States Steel Corp. (3/30/12)

Injury: Stroke caused by hitting head due to negligent act of nurse's aide was not compensable because the negligence was an independent cause of injury and no evidence indicated that the allowed condition caused the stroke.

Vote: 2-1
Opinion by: Judge Dickinson
Appellate District: 9

March 13, 2012

Smith, State ex rel. v. Indus. Comm. (3/13/12)

Amputation/Loss of Use: Award for total loss of vision or hearing does not require findings demonstrating 100 percent loss. Commission can grant award for total loss of vision or hearing based on practical application of data demonstrating less than 100 percent loss.

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

March 8, 2012

Lehman v. Buehrer (3/8/12)

Trial Practice: Notice of Appeal which contained wrong information about employer, claim number and date of injury does not substantially comply with R.C. 4123.512 requirements. Errors in notice of appeal cannot be corrected by reference to complaint.

Vote: 3-0
Opinion by: Judge Celebrezze
Appellate District: 8

February 2012

February 14, 2012

Jones v. Smith Transport (2/14/12)

Trial Practice: Trial court lacks jurisdiction to consider which entity employed an injured worker on an R.C. 4123.512 appeal because the only issue before the court is the injured worker's right to participate.

Vote: 3-0
Opinion by: Judge Abele
Appellate District: 4

February 7, 2012

Bradley v. Ohio Dept. of Transp. (2/7/12)

Trial Practice: Trial court properly required injured worker to establish that they suffered from CRPS, even though Industrial Commission order considered RSD, because medical testimony established that both terms described the same medical condition.

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

January 2012

January 31, 2012

Davis v. Ryan (1/31/12)

Trial Practice: Trial court properly granted summary judgment where doctor could not testify to any degree of probability that work activities caused death.

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

January 20, 2012

Lane v. Bur. of Workers' Comp (1/20/12)

Trial Practice: Where Commission exercised continuing jurisdiction to vacate self-insurer's allowance based on newly discovered evidence, issue before trial court on appeal was only allowance of claim, not whether Commission properly exercised continuing jurisdiction.

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

2011

December 2011

December 23, 2011

Armstrong v. John R. Jurgenson Co. (12/23/11)

Injury: Post-traumatic stress disorder which occurred at the same time worker suffered physical injuries, but which did not arise out of the physical injuries, is not compensable.

Vote: 2-1
Opinion by: Judge Grady
Appellate District: 2

December 8, 2011

Johnson-Floyd v. REM Ohio, Inc. (12/8/11)

Trial Practice: Trial court did not abuse its discretion in awarding $2000 for R.C. 4123.512 attorney fee.

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

December 2, 2011

Soloman v. Dayton Window & Door Co., L.L.C. (12/2/11)

Employment: R.C. 4123.01(A)(1)(c) provides 20 categories to consider whether individual is independent contractor or employee. Trial court did not abuse its discretion finding that individual only satisfied 8 of 20 categories and therefore was an independent contractor.

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

December 1, 2011

Kelsey Hayes Co., State ex rel. v. Grashel (12/1/11)

Permanent Total: Injured worker is not required to show that he was temporarily totally disabled at time injury caused him to leave job for departure to be an injury induced decision which does not bar permanent total.

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

November 2011

November 28, 2011

Largent v. Sticker Corp. (11/28/11)

Death: Only dependent, not estate, is entitled to pursue allowance if claim has not been filed before employee's death.

Vote: 2-1
Opinion by: Judge Cannon
Appellate District: 11

November 7, 2011

Holmes v. Crawford Machine, Inc. (11/7/11)

Trial Practice: When claimant is successful in some, but not all, claims, trial Court awarding costs and expert witness fees should consider which claims were successful when awarding such costs/fees to the extent it is possible.

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

October 2011

October 31, 2011

Carrigan v. Shaferly Excavating, Ltd. (10/31/11)

Trial Practice: Successful claimaint is entitled to reimbursement for reasonable costs which were used in preparation for appeal.

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

October 28, 2011

Jones v. Xenia (10/28/11)

Trial Practice: R.C. 2744.05, which exempts political subdivisions from subrogation liability, does not apply to workers' compensation subrogation under R.C. 4123.931 because R.C. 4123.931 specifically states that R.C. Chapter 2744 does not apply to limit workers' compensation subrogation.

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

October 21, 2011

Hardy v. Procter & Gamble Co. (10/21/11)

Injury: R.C. 4123.54(H) provides that someone who is not an Ohio resident is not entitled to Ohio workers' compensation benefits if they are covered by another state's workers' compensation law and they are injured while "temporarily" in Ohio. To determine if someone was "temporarily" in Ohio when they were injured, Court looks at length of time they were expected to be in Ohio when they were injured.

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

October 13, 2011

Sanderson, State ex rel. v. Indus. Comm. (10/13/11)

Temporary Total: Evidence demonstrated employee knew that leaving job without excuse was firing offense and therefore supported Commission's finding that employee was not entitled to temporary total because she voluntarily abandoned her job.

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

Hippely v. Lincoln Elec. Holdings, Inc. (10/13/11)

Trial Practice: Where conflicting evidence was presented to jury, the jury can judge what weight to give the evidence and jury's verdict was not against the manifest weight of the evidence.

Vote: 3-0
Opinion by: Judge Gallagher
Appellate District: 8

September 2011

September 30, 2011

Jakob v. Eckhart (9/30/11)

Employment: Statute provides standard for determining whether construction worker is employee and construction worker who satisfies at least 10 of 20 statutory criteria was employee; employee who satisfies this provision is not required to satisfy any other statutory or common law provision for demonstrating they are an employee.

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

September 27, 2011

Woodhull, State ex rel. v. Indus. Comm. (9/27/11)

Amputation/Loss of Use: Doctor's report applying improper standard did not support denial of award.

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

Sigler, State ex rel. v. Lubrizol Corp. (9/27/11)

Administrative Practice: Commissioner who voted to deny permanent total without attending or reviewing hearing violated injured worker's right to due process.

Vote: 2-1
Opinion by: Judge Tyack
Appellate District: 10

September 19, 2011

Coleman v. Hamilton (9/19/11)

Trial Practice: Trial court acting as finder of fact is entitled to judge the credibility of a doctor.

Vote: 3-0
Opinion by: Judge Piper
Appellate District: 12

August 2011

August 24, 2011

Starkey v. Builders Firstsource Ohio Valley, L.L.C. (8/24/11)

Injury: Trial court properly granted summary judgment for employer where injured worker had already been granted right to participate for injury at issue on an R.C. 4123.512.

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

August 23, 2011

Weyerhaeuser Co., State ex rel. v. Indus. Comm. (8/23/11)

Amputation/Loss of Use: Facial disfigurement award requires disfigurement which either impairs or may impair opportunities for employment, but does not require proof of current desire to work.

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

July 2011

July 28, 2011

Brown v. Bur. of Workers’ Comp. (7/28/11)

Trial Practice: Denial of medical treatment cannot be appealed to court under R.C. 4123.512.

Vote: 3-0
Opinion by: Judge Cooney
Appellate District: 8

July 21, 2011

Jackson, State ex rel. v. Indus. Comm. (7/21/11)

Permanent Total: Internally inconsistent report cannot support denial of permanent total.

Vote: 2-1
Opinion by: Judge Tyack
Appellate District: 10

Seitaridis, State ex rel. v. Indus. Comm. (7/21/11)

Permanent Total: Commission must clarify interpretation of medical evidence in order which found injured worker capable of "light" work, but failed to analyze effect of restrictions on use of right upper extremity in doctor's report relied on.

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

June 2011

June 22, 2011

Ehrhardt v. Chatlain Ents., Inc. (6/22/11)

Employment: Facts of case, including fact that truck driver owned his truck, signed an independent contractor agreement and paid his expenses justified summary judgment based on finding that truck driver was independent contractor.

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

June 14, 2011

Mast, State, ex rel. v. Indus. Comm. (6/14/11)

Amputation/Loss of Use: Worker who was awarded compensation for loss of use of hand based on loss of two or more fingers after having two fingers and thumb amputated is entitled to additional amputation award for loss of left toe which was surgically amputated for transplant to replace left thumb.

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

June 9, 2011

Mataraza v. Euclid (6/9/11)

Occupational Disease: Trial court improperly granted summary judgment for employer against fire fighter who died due to heart attack where evidence indicated existence of "risk factors" for cardiovascular disease when fire fighter was hired because presence of risk factors does not establish disease existed when fire fighter hired. Under such circumstances, issue of fact existed regarding whether fire fighter contracted disease due to employment.

Vote: 2-1
Opinion by: Judge Kilbane
Appellate District: 8

June 3, 2011

Pflanz v. Pilkington LOF (6/3/11)

Injury: 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 substantial aggravation.

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

May 2011

May 26, 2011

Robinson v. Target Corp. (5/26/11)

Trial Practice: 60 day appeal period runs from time of second (corrected) Commission order which correctly listed date of the appeal being ruled on, rather than from time of first order which listed an incorrect appeal date.

Vote: 2-1
Opinion by: Judge Tyack
Appellate District: 10

May 18, 2011

Wining v. Unique Ventures Group, L.L.C. (5/18/11)

Injury: Trial court properly granted summary judgment in favor of estate of deceased worker who was killed while travelling to his place of employment to provide keys to a co-employee because he was on a special mission for the employer; because he was on a special mission the going and coming rule did not apply.

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

May 17, 2011

Jones v. USF Holland, Inc. (5/17/11)

Injury: Injury resulting from slip in bathroom of hotel paid for by employer occurred in the course of employment, but did not arise out of employment and therefore was not compensable.

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

May 13, 2011

Stair v. Mid Ohio Home Health Ltd. (5/13/11)

Injury: Employee who was required to travel to client homes for her job, and paid for her travel time, was not a fixed situs employee and was entitled to participate for injuries resulting from fall on ice in parking lot in front of employer's office which she was going to to pick up her paycheck as required by employer.

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

May 5, 2011

Hayes Lemmerz Internatl. Commercial Hwy., Inc., State ex rel. v. Indus. Comm. (5/5/11)

Continuing Jurisdiction: Commission order improperly cited a non-existent mistake of fact as the basis for exercise of continuing jurisdiction; therefore subsequent orders are invalid and initial order is reinstated.

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

April 2011

April 28, 2011

Halenar v. Ameritech-Ohio SBC/Ameritech (4/28/11)

Trial Practice: Evidence supported trial court's jury instruction involving dual causation in case involving 300 pound man who suffered knee problems because medical testimony could lead jury to believe weight combined with accident caused the injury.

Vote: 3-0
Opinion by: Judge Boyle
Appellate District: 8

April 21, 2011

Daniel v. Williams (4/21/11)

Trial Practice: Failure to timely appeal administrator's decision denying claim denied court jurisdiction to hear R.C. 4123.512 appeal.

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

Jefferson v. CareWorks of Ohio, Ltd. (4/21/11)

Trial Practice: Medical testimony is necessary where injuries are "internal and elusive."

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

April 6, 2011

Nixon v. Quality Mold, Inc. (4/6/11)

Trial Practice: Trial court properly taxed costs and attorneys fees directly to employer which contested workers' compensation claim.

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

March 2011

March 31, 2011

Reichard v. RJ Wheels, Inc. (3/31/11)

Trial Practice: Court properly presented jury with interrogatories which limited jury to considering whether single incident caused injury where there was no evidence before the jury which would have permitted it to find that injury resulted from repetitive use.

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

Rockey, State ex rel. v. Sauder Woodworking Co. (3/31/11)

Temporary Total: Some evidence supports finding that worker who took voluntary retirement abandoned his employment.

Vote: 2-1
Opinion by: Judge French
Appellate District: 10

Lloyd v. Cleveland Clinic Found. (3/31/11)

Trial Practice: R.C. 4123.512(F) only applies to permit payment of attorney fees and costs where a claimant establishes the right to participate.

Vote: 3-0
Opinion by: Judge Sweeney
Appellate District: 8

Smith v. Lucas Cty. (3/31/11)

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

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

March 18, 2011

Bennett v. Goodremonts, Inc. (3/18/11)

Injury: Worker who failed to claim specific injury or provide medical evidence to show proximate cause with claimed neck/back injury is not entitled to participate.

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

March 14, 2011

Channels v. Bur. of Workers' Comp. (3/14/11)

Injury: 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

March 10, 2011

Knapp, State ex rel. v. Indus. Comm. (3/10/11)

Continuing Jurisdiction: Party seeking exercise of continuing jurisdiction must actually demonstrate new and changed circumstances.

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

February 2011

February 24, 2011

Lloyd v. Cleveland Clinic Found. (2/24/11)

Trial Practice: Where there was no evidence that two or more causes combined to cause condition, court is not required to provide jury instruction on dual causation.

Vote: 3-0
Opinion by: Judge Rocco
Appellate District: 8

February 22, 2011

Copeland v. Bur. of Workers' Comp. (2/22/11)

Continuing Jurisdiction: Filing C-9 before claim expired tolled statute of limitations and permitted consideration of C-86 filed to gain authorization of C-9 which was fired after claim would have expired.

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

February 18, 2011

Price v. Goodwill Industries of Akron, Ohio, Inc. (2/18/11)

Injury: Going and coming rule applied to bar compensation to fixed situs employee who suffered injury in car accident while driving to training at a different location than her normal work site.

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

February 3, 2011

Welsh v. Ford Motor Co. (2/3/11)

Occupational Disease: Jury’s finding that exposure to asbestos in the workplace caused the colon cancer which killed a worker was supported by evidence of asbestos exposure in the workplace and doctor's opinion that this exposure was a cause of the colon cancer.

Vote: 3-0
Opinion by: Judge Boyle
Appellate District: 8

January 2011

January 28, 2011

Cotton v. Bur. of Workers' Comp. (1/28/11)

Injury: 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

January 14, 2011

Ohio Bur. of Workers' Comp. v. Dernier (1/14/11)

Trial Practice: The BWC does not have a subrogation right against a settlement of a third-party action which was made before the claim was allowed.

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

January 6, 2011

Kobak v. Sobhani (1/6/11)

Employment: A motorist who was also a co-employee is entitled to immunity under R.C. 4123.741 for an injury which occurred in an employer-controlled parking garage when the injured employee was on her way into work when she was struck by the co-employee who was leaving work.

Vote: 3-0
Opinion by: Judge Kilbane
Appellate District: 8

2010

December 2010

December 16, 2010

Brown, State ex rel. v. Indus. Comm. (12/16/10)

Temporary Total: When injured worker challenges employer's decision to fire him for violation of written work policy, Commission must rule on whether firing actually violated policy before it can find that injured worker voluntarily abandoned his employment when he was fired for violation of a written work policy.

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

Deal, State ex rel. v. Indus. Comm. (12/16/10)

Permanent Total: Industrial Commission cannot reject medical report for arbitrary reason.

Vote: 2-0, 1 concurs in part and dissents in part
Opinion by: Judge Bryant
Appellate District: 10

December 14, 2010

Combs, State ex rel. v. Indus. Comm. (12/14/10)

Permanent Total: Commission cannot deny permanent total because of failure to pursue rehabilitation without considering effect of injured worker's possible illiteracy and low intellectual functioning.

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

December 6, 2010

Carter v. R&B Pizza Co., Inc. (12/6/10)

Injury: Facts demonstrated that worker was injured in the course of her employment and was entitled to participate for injury which occurred while she was driving supplies to restaurant.

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

December 2, 2010

Oakwood, State ex rel. v. Indus. Comm. (12/2/10)

Employer: Order contained "some evidence" to support Commission's finding of what party was proper employer, Commission is not required to consider specific list of factors.

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

November 2010

November 16, 2010

McBee, State ex rel. v. Indus. Comm. (11/16/10)

Fraud: Commission improperly found fraud when the evidence did not establish that claimant knew what activities constituted "work" for purposes of temporary total compensation.

Vote: 2-0, 1 concurs in part and dissents in part
Opinion by: Judge Brown
Appellate District: 10

November 15, 2010

Lewis v. Cartijo (11/15/10)

Employer: Evidence of irregular nature of work, lack of formal agreement, limited direction and amount of autonomy provided required finding that individual was not an employee.

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

October 2010

October 29, 2010

Todd v. Todd Heating Plumbing Bldg. Co., Inc. (10/29/10)

Injury: Res judicata applies and bars consideration of a second application for allowance of an injury where the BWC had adjudicated a previous application for an injury and that decision had not been appealed.

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

Spencer v. FHI, L.L.C. (10/29/10)

Trial Practice: Failure to serve Administrator with notice of appeal was not jurisdictional and trial court improperly dismissed case and denied motion to amend complaint to add Administrator as party.

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

October 12, 2010

Brown v. Lake Erie Elec. Co. (10/12/10)

Injury: Fixed-situs employee injured in car accident while traveling to job site is not entitled to participate.

Vote: 3-0
Opinion by: Judge Powell
Appellate District: 12

October 1, 2010

Isom v. Dayton Power & Light Co. (10/1/10)

Injury: 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

September 2010

September 28, 2010

Brown v. CDS Transport, Inc. (9/28/10)

Employment: Review of facts demonstrated that truck driver was independent contractor, not employee.

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

September 27, 2010

Troxel v. Ryan (9/27/10)

Employment: Facts demonstrated that construction worker was an employee and not an independent contractor under both common law and statutory test.

Vote: 3-0
Opinion by: Judge Bressler
Appellate District: 12

September 22, 2010

Krull v. Ryan (9/22/10)

Trial Practice: Medical evidence which had been discredited on cross-examination was not sufficient to support causation.

Vote: 3-0
Opinion by: Dinkelacker
Appellate District: 1

September 21, 2010

Kaiser Found. Health Plan Ohio, State ex rel. v. Indus. Comm. (9/21/10)

Permanent Total: Opinion of doctor on combined effects of physical and psychiatric conditions was valid even if doctor had only examined injured worker on psychiatric condition and had not expressly adopted factual findings of doctors who had physically examined injured worker. Requirement that non-examining doctor expressly adopt findings of examining doctors only applies to doctors who conduct no examination of injured worker but base their opinion on a file review.

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

September 13, 2010

Wasinski v. PECO II, Inc. (9/13/10)

Trial Practice: Costs associated with deposition of a doctor and discovery deposition of another doctor were properly reimbursed to a successful injured worker under R.C. 4123.512(F), but milage incurred by attorney in attending an oral argument at the Court of Appeals was not reimbursable because it was an everyday cost of doing business.

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

September 9, 2010

Grossenbacher, State ex rel. v. Indus. Comm. (9/9/10)

Fraud: Evidence supported finding that claimant who was paid for driving members of the Amish community multiple times a week was engaged in sustained remunerative employment and therefore committed fraud by doing so while receiving permanent total compensation.

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

September 7, 2010

McNea, State ex rel. v. Indus. Comm. (9/7/09)

Continuing Jurisdiction: Commission interlocutory order which set forth SHO's failure to address issue raised by motion properly identified mistake of fact and law and justified exercise of continuing jurisdiction.

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

Schnipke v. Safe-Turf Installation Group, L.L.C. (9/7/09)

Trial Practice: Where a doctor has examined the injured worker, reviewed his records and taken his history, the doctor has provided a sufficient basis for his opinion for it to be admitted as evidence.

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

September 2, 2010

Ruscilli, State ex rel. v. Indus. Comm. (9/2/10)

VSSR: Court remands case to Commission for it to reconsider SHO order based on incorrect statement of significant testimony.

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

August 2010

August 17, 2010

Ohio State Univ. Cancer Research Hosp., State ex rel. v. Indus. Comm. (8/17/10)

Temporary Total: Employee who was terminated after the injury for pre-injury violations of work rules has not voluntarily abandoned his employment and remains entitled to temporary total compensation.

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

G&S Metal Prods. Co., Inc., State ex rel. v. Ryan (8/17/10)

Employer: Evidence BWC interpreted when making premium determination could be interpreted two different ways; court defers to BWC's factual finding.

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

August 16, 2010

Lowe v. Cox Paving, Inc. (8/16/10)

Injury: Instigator of dispute is not entitled to participate for injury occurring after he was hit by a co-employee.

Vote: 3-0
Opinion by: Judge Ringland
Appellate District: 12

July 2010

July 29, 2010

Walters, State ex rel. v. WEK Acquisition Corp., Inc. (7/29/10)

Fraud: Evidence of claimant's work activities while receiving temporary total and statements regarding her work activities and earnings which were inconsistent with her actual activities and earnings were sufficient to support Commission's finding of fraud.

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

July 26, 2010

Barber v. Ryan (7/26/10)

Trial Practice: Order which granted a motion to compel medical examination and also granted a motion in limine prohibiting any reference to the medical examination as "independent" was not a final appealable order.

Vote: 3-0
Opinion by: Judge Hendrickson
Appellate District: 12

July 20, 2010

McCue, State ex rel. v. Indus. Comm. (7/20/10)

Temporary Total: When Commission terminates temporary total based on treating doctor's finding that condition is at MMI, proper date of termination is date of treating doctor's report, not date of hearing. Therefore, Commission can find overpayment of temporary total compensation paid after the date of the treating doctor's report and order recoupment of the overpayment.

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

June 2010

June 30, 2010

Nevinski v. Dunkin's Diamonds (6/30/10)

Trial Practice: Requirements for establishing a workers' compensation claim as an "injury" claim are different from those for establishing a workers' compensation claim as an "occupational disease" claim. Court is required to utilize a distinct test for each method. A trial court decision which combined elements of both tests was improper because court is required to apply a distinct test for each type of claim.

Vote: 2-1
Opinion by: Per Curiam
Appellate District: 9

June 3, 2010

Dean v. Bur. of Workers' Comp. (6/3/10)

Trial Practice: Court properly granted summary judgment in asbestosis death claim where employer based summary judgment motion on wife's deposition testimony that she lacked knowledge that husband was exposed to asbestos in employment and wife did not present any evidence of such exposure in response to motion.

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

Warner, State ex rel. v. Indus. Comm. (6/3/10)

AWW: Commission improperly failed to consider payment of unemployment compensation when calculating average weekly wage; Commission also improperly failed to consider payment of unemployment compensation as proof that period of unemployment was period beyond injured worker's control which should be excluded from average weekly wage calculation.

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

Bumpus, State ex rel. v. Dayton (6/3/10)

Fraud: Absent evidence that injured worker had received money for activities, or engaged in activities inconsistent with his medical restrictions, there was no basis for finding that injured worker had engaged in fraud by receiving temporary total.

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

June 1, 2010

Phelps v. Dispatch Printing Co. (6/1/10)

Injury: Worker who was injured when on employer's premises only to collect paycheck pursuant to employer's policy permitting employees to do so is entitled to participate in the workers' compensation fund.

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

May 2010

May 25, 2010

Sanders v. Fridd (5/25/10)

Employment: R.C. 4123.741 only provides immunity from a lawsuit where both parties involved in incident were in the course and scope of their employment.

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

May 21, 2010

Bingham v. Evenflo Co., Inc. (5/21/10)

Trial Practice: Where employer filed notice of appeal and did nothing to induce dismissal of complaint, injured worker had obligation to re-file complaint within 1 year of dismissal and failure to do so resulted in judgment for the employer.

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

May 18, 2010

YRC, State ex rel. Inc. v. Hood (5/18/10)

Mandamus: When Commission denied permanent total for other reasons, employer could not bring mandamus challenge to decision in order that injured worker did not voluntarily abandon his employment because issue was not ripe for review.

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

May 13, 2010

Ochs v. Bur. of Workers' Comp. (5/13/10)

Death: In the absence of dependents with standing to pursue death benefits, no R.C. 4123.512 appeal could be made from denial of death benefits.

Vote: 3-0
Opinion by: Judge Stewart
Appellate District: 8

April 2010

April 28, 2010

Williams v. Time Warner Cable (4/28/10)

Injury: 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

April 19, 2010

Williams v. Parker Hannifin Corp. (4/19/10)

Trial Practice: Issue of whether the hypothetical question included proper summary of facts went to the weight of the evidence, not the admissibility, and could be resolved by the jury.

Vote: 3-0
Opinion by: Judge Bressler
Appellate District: 12

April 16, 2010

Chasteen v. Stone Transport, Inc. (4/16/10)

Trial Practice: Because record on appeal did not contain evidence that injured worker informed trial court that he had reviewed requested medical records and found them to be devoid of information relating to condition at issue, Court of Appeals cannot find that trial court abused its discretion in granting employer's motion to compel.

Vote: 2-1
Opinion by: Judge Singer
Appellate District: 6

April 13, 2010

Wilkes, State ex rel. v. Indus. Comm. of Ohio & Warren Tube Co. (4/13/10)

Temporary Total: Injured worker did not voluntarily abandon his employment when he left hospital before urine test could be taken when there was no evidence that hospital's request for urine sample was communicated to him, or that the hospital was acting on the employer's behalf when it sought a urine test.

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

April 9, 2010

Powell v. Toledo Pub. Schools (4/9/10)

Injury: Decision on handicap reimbursement is unrelated to issue of allowance and therefore doctrine of collateral estoppel does not apply.

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

Starkey v. Builders Firstsource Ohio Valley, L.L.C. (4/9/10)

Injury: Claim for aggravation may be considered on appeal to court even if claim was only pursued under theory of direct causation administratively.

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

Heuring v. Meijer, Inc. (4/9/10)

Injury: 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

April 5, 2010

Kelley v. Ryan (4/5/10)

Injury: Trial court properly instructed jury that injured worker was entitled to participate for injury resulting from horseplay even if he instigated or participated in the horseplay, as long as the employer acquiesced or consented.

Vote: 3-0
Opinion by: Judge Powell
Appellate District: 12

Sammetinger v. Kirk Bros. Co., Inc. (4/5/10)

Injury: Totality of circumstances demonstrates that truck provided by employer was worker's mobile workplace, therefore injury resulting from accident while driving home in truck occurred in the course of , and arising out of, employment.

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

March 2010

March 31, 2010

Miller v. Bur. of Workers' Comp. (3/31/10)

Injury: An employee who was injured after falling in a parking lot when leaving restaurant where he had taken a 15 minute paid coffee break is entitled to participate in the workers' compensation system, the going and coming rule does not apply.

Vote: 2-1
Opinion by: Per Curiam
Appellate District: 9

March 30, 2010

Rader v. Fifth Third Bancorp (3/30/10)

Injury: A worker who suffered a psychological-only injury after seeing a compensable injury to a third party before the effective date of the 2006 amendments is entitled to participate.

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

Donohoe, State ex rel. v. Indus. Comm. (3/30/10)

VSSR: Commission improperly denied VSSR award when it held that a widow cannot establish VSSR claim because there were no eyewitnesses because Commission is required to evaluate evidence which included an expert report indicating that a VSSR occurred.

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

March 9, 2010

Fairfield City Schools, State ex rel. v. Indus. Comm. (3/9/10)

Employer: Employer was not entitled to handicap reimbursement award for condition which was not listed in statute.

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

March 8, 2010

Ley v. Procter & Gamble Co. (3/8/10)

Trial Practice: Medical expert's opinion, which was based on history given by injured worker, was admissable even though injured worker could not remember exact words she used in giving history because treating doctor is allowed to testify about history given by the patient and questions about the validity of the history go to the weight, not the admissibility, of the evidence.

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

February 2010

February 22, 2010

Clay v. Lakeview Farms, Inc. (2/22/10)

Trial Practice: Court did not abuse its discretion in refusing to grant continuance so doctor could examine new evidence.

Vote: 1-0, 2 concur in judgment only
Opinion by: Judge Rogers
Appellate District: 3

February 11, 2010

Klamert v. Cleveland (2/11/10)

Injury: Going and coming rule only applies if the employee is a fixed situs employee; whether employee is a fixed situs employee depends on overall employment activities, not limited analysis of duties at time of injury.

Vote: 3-0
Opinion by: Judge Celebrezze
Appellate District: 8

January 2010

January 29, 2010

Franks v. Chas F. Mann Painting Co. (1/29/10)

Trial Practice: Denial of temporary total which results in denial of right to continue to participate in a claim can be appealed under R.C. 41231.512.

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

January 28, 2010

Whirlpool Corp., State ex rel. v. Indus. Comm. (1/28/10)

Wage loss: There is no absolute requirement that working wage loss claimant conduct a job search; therefore Commission did not abuse its discretion by awarding wage loss to self-employed injured worker who started own business after unsuccessfully searching for work for 92 weeks.

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