2018 Ohio Workers’ Compensation Decisions

Ohio Workers’ Compensation Decisions

2018 Court of Appeals

Current through October 30, 2018

This page lists Ohio Court of Appeals workers’ compensation decisions summarized in 2017, 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.

October 2018

White v. Quest Diagnostics, Inc. (10/24/18)

Injury: Injured worker entitled to participate for injury in employer’s parking lot during lunch break due to zone of employment exception to going and coming rule.

Vote: 3-0
Opinion by: Hensal
Appellate District:
 9

September 2018

Schaefer v. Lake Hosp. Sys., Inc. (9/28/18)

Injury: Doctor’s testimony of injured workers’ condition based on exam, medical records and post-injury MRI sufficient objective and subjective evidence of substantial aggravation even though there was no pre-injury objective evidence of injured worker’s condition.

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

Jacobs v. Shearer’s Foods (9/24/18)

Trial Practice: Competent expert medical testimony required to establish proximate cause linking claimed additional allowances to allowed condition.

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

McCloud v. Duffy (9/13/18)

Trial Practice: Trial court lacks jurisdiction over claim that denial of workers’ compensation benefits occurred due to fraud when the requirements of R.C. 4123.512 had not been followed.

Vote: 3-0
Opinion by: Bartlett
Appellate District:
 7

August 2018

Jackson v. Am. Bulk Commodities (8/31/18)

Trial Practice: Trial court improperly dismissed complaint in R.C. 4123.512 appeal where injured worker had initially timely filed an appeal from the Commission’s decision and filed a voluntary dismissal after the employer filed a motion to dismiss for failure to timely file the complaint because the injured worker timely refiled the notice of appeal and also timely filed a complaint in the refiled action.

Vote: 2-1
Opinion by: McFarland
Appellate District:
 4

Garner v. Bur. Workers’ Comp. (8/24/18)

Injury: Worker injured in fight in parking lot not entitled to participate where assault in parking lot was caused by non-work issues.

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

July 2018

Bennett v. Scotts Miracle-Gro (7/30/18)

Occupational Disease: Trial court did not err by applying Revised Code definition of asbestosis which requires interstitial fibrosis.

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

June 2018

Green v. Admr., Ohio Bur. of Workers Comp. (6/26/18)

Employment: Experienced logger who acted independently, could work other jobs, and could leave when work was done, was an independent contractor even though alleged employer provided chain saw he used.

Vote: 3-0
Opinion by: Hoover
Appellate District:
 4

Draper v. N. Am. Science Assocs., Inc. (6/1/18)

Administrative Practice: Res judicata does not bar third workers’ compensation claim when one of previous claims was dismissed without a ruling on the merits and the other previous claim involved different dates, mechanisms of injury and descriptions of injury (even though the alleged injury was to the same body part).

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

May 2018

Digiacinto, State ex rel. v. Indus. Comm. (5/22/18)

Permanent Total: Commission abused discretion when it failed to consider social security disability decision when considering whether injured worker had voluntarily abandoned the job market.

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

Nationwide Children’s Hosp., State ex rel. v. Indus. Comm. (5/8/18)

Permanent Total: Commission did not abuse discretion granting permanent total; given injured worker’s age and psychological challenges Commission properly determined that she could not be expected to develop new transferable skills

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

Vonderheide, State ex rel. v. Multi-Color Corp. (5/3/18)

Temporary Total: Activities on family farm constituted “work” and demonstrated that injured worker had not abandoned the job market.

Vote: 2-1
Opinion by: Brunner
Appellate District:
 10

Beyer, State ex rel. v. Autoneum N. Am., Inc. (5/1/18)

Amputation/Loss of Use: Evidence, including medical report of loss of vision and table converting loss of vision to percentage, established injured worker’s right to award for 35% loss of vision.

Vote: 3-o
Opinion by: Luper Schuster
Appellate District:
 10

April 2018

Thomas v. PSC Metals, Inc. (4/26/18)

Employment: Customer of temporary agency entitled to workers’ compensation immunity from suit filed by worker who had been injured after temporary agency placed him in job at customer’s site.

Vote: 3-o
Opinion by: Boyle
Appellate District:
8

Houston v. Morales (4/19/18)

Employment: Fellow employee immunity barred suit against co-employee who caused accident which occurred in the course of, and arising out of, employment.

Vote: 3-o
Opinion by: Kilbane 
Appellate District:
8

Tharp v. Whirlpool (4/9/18)

Occupational Disease: Trial court erred in granting summary judgment for employer when evidence indicated that injured worker was not diagnosed with occupational disease until after date she started employment with employer.

Vote: 3-o
Opinion by: Shaw 
Appellate District:
3

March 2018

Pritt, State ex rel. v. Indus. Comm.  (3/23/18)

Permanent Total: Although order contained erroneous reason for denying permanent total, valid alternate reason for decision was severable and supported Commission’s decision.

Vote: 2-1
Opinion by: Sadler
Appellate District:
10

Ellis v. Columbus Developmental Ctr. (3/13/18)

Trial Practice: Trial court improperly granted summary judgment against injured worker based on doctor’s equivocal testimony because portions of doctor’s testimony supported injured worker’s claim.

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

City of Cleveland v. Ohio Bureau of Workers’ Comp. (3/8/18)

Employer: Inequities in group rating system violated law and did not charge equitable payments, resulting in unjust enrichment of BWC from public employer which was not in a group rating plan.

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

Coleman v. KBO, Inc. (3/2/18)

Injury: Length of time between injury and alleged psychological condition does not determine whether condition can be allowed because there is no set time requirement for a physical injury to cause a compensable psychological condition.

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

February 2018

Centric v. Buehrer (2/26/18)

Death: Whether spouse was dependent of deceased worker cannot be appealed pursuant to R.C. 4123.512.

Vote: 3-0
Opinion by: Grendell
Appellate District:
 11

January 2018

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