Ohio Workers’ Compensation Decisions: 2014 Court of Appeals

Ohio Workers’ Compensation Decisions

2014 Court of Appeals

This page lists Ohio Court of Appeals workers’ compensation decisions summarized in 2014, 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 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