Injury Cases: Coverage, Ohio or Other State (Court of Appeals)

Ohio Workers’ Compensation Decisions
(Court of Appeals)

Injury: Coverage, Ohio or Other State

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.

Hardy v. Procter & Gamble Co. (10/21/11)

R.C. 4123.54(H) provides that someone who is not an Ohio resident is not entitled to Ohio workers’ compensation benefits if they are covered by another state’s workers’ compensation law and they are injured while “temporarily” in Ohio. To determine if someone was “temporarily” in Ohio when they were injured, Court looks at length of time they were expected to be in Ohio when they were injured.

Vote: 3-0
Opinion by: Judge Sundermann
Appellate District: 1

Hendricks v. Kilbarger Constr., Inc. (12/8/09)

A number of actors must be considered to determine whether employment was sufficiently localized in Ohio for Ohio to provide workers’ compensation coverage; in present case factors are evenly balanced and could permit finder of fact to find in favor of Ohio coverage.

Vote: 2-1
Opinion by: Judge Kline
Appellate District: 4

v. Joe Tex, Inc.

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

Portman v. Mabe (7/14/08)

R.C. 4123.54 requires factual determinations to be made regarding whether employer and employee opted out of Ohio’s workers’ compensation system, therefore summary judgment cannot be granted if there are genuine issues of material fact.

Vote: 3-0
Opinion by: Judge Willamowski
Appellate District: 3

Smiley v. Professional Staff Mgt. Inc. (1/22/13)

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

Standring v. Gerbus Bros. Constr. Co. (10/25/02)

Where evidence indicated that worker killed in Kentucky was interviewed, hired, and worked in Kentucky, but worker lived in Ohio and employer was an Ohio corporation with its headquarters in Ohio, issue of whether or not there were sufficient contacts to entitle estate to Ohio workers’ compensation coverage was factual issue which must be determined by jury.

Vote: 3-0
Opinion by: Judge Winkler
Appellate District: 1

Turner v. Admr., B.W.C. (5/9/03)

Worker who was hired in Michigan and injured in New Jersey is eligible to participate in the Ohio workers’ compensation system where he resides and pays taxes in Ohio and 70-80% of his work was performed in Ohio, even though he had received New Jersey workers’ compensation benefits.

Vote: 3-0
Opinion by: Judge Fain
Appellate District: 2

Villasana v. Admr., BWC (4/20/04)

Facts demonstrated that injured worker was covered by the Texas workers’ compensation law and therefore was not entitled to participate in the Ohio workers’ compensation system.

Vote: 3-0
Opinion by: Judge Edwards
Appellate District: 5