Ohio Workers’ Compensation Decisions: 2013 Court of Appeals

Ohio Workers’ Compensation Decisions

2013 Court of Appeals

This page lists Ohio Court of Appeals workers’ compensation decisions summarized in 2013, 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 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