Employment Cases: Course / Scope of (Court of Appeals)

Ohio Workers’ Compensation Decisions
(Court of Appeals)

Employment: Course / Scope of

Select the case name to read the decision on the Ohio Supreme Court’s web site. For other issues, see our topic index to Ohio workers’ compensation decisions.

Elyria v. Scott (11/9/15)

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

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

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

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

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)

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)

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

Pursley v. MBNA Corp. (3/29/07)

Employee injured in accident with co-employee in company garage, after leaving company picnic, was barred by workers’ compensation immunity from filing lawsuit for negligence because injury was compensable under workers’ compensation because it occurred in the zone of employment.

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

Remer v. Conrad (8/1/03)

Worker who was walking to car to drive to bank before work and who was injured after slipping on ice in the parking lot was in the zone of employment and is entitled to participate in the workers’ compensation fund.

Vote: 2-1
Opinion by: Judge Lanzinger
Appellate District: 6

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

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

Wissman v. Pro-Fab Indus. Inc. (6/19/02)

Injury to employee which occurred on premises, but before employee had clocked in and which was result of informal competition with another employee (which was not sponsored by the employer) did not occur in the course of, and arising out of employment and was not compensable.

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