Injury Cases: Intervening Injury (Court of Appeals)

Ohio Workers’ Compensation Decisions
(Court of Appeals)

Injury: Intervening Injury

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.

Cantrell v. Admr., Bureau of Workers’ Comp. (7/22/02)

Where compensation is denied based on intervening injury, Commission must explicitely state the nature and effect of the intervening injury so that court can determine if effect of decision is termination of claim (in order to know whether decision can be appealed under R.C. 4123.512).

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

Potter v. General Motors Corp. (9/27/04)

Intervening injury only bars future workers’ compensation benefits if it breaks the chain of causation between the injured worker’s disabilities and the industrial injury.

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

Toth v. United States Steel Corp. (3/30/12)

Stroke caused by hitting head due to negligent act of nurse’s aide was not compensable because the negligence was an independent cause of injury and no evidence indicated that the allowed condition caused the stroke.

Vote: 2-1
Opinion by: Judge Dickinson
Appellate District: 9