Ohio Workers’ Compensation Decisions: 2012 Court of Appeals

Ohio Workers’ Compensation Decisions

2012 Court of Appeals

This page lists Ohio Court of Appeals workers’ compensation decisions summarized in 2012, except for decisions adopting a lower court or Magistrate decision, or which decide a case based on a previous decision.

Select the case name to read the decision on the Ohio Supreme Court’s web site. For older Court of Appeals workers’ compensation decisions see our Court of Appeals archive page or see our case index for decisions organized by topic.

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