Injury Cases: Miscellaneous (Court of Appeals)

Ohio Workers’ Compensation Decisions
(Court of Appeals)

Injury: Miscellaneous

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.

Aho v. RTI International Metals, Inc. (5/15/17)

Trial court improperly awarded summary judgment against worker injured while climbing stairs at work; because employer did not argue idiopathic cause of injury, worker had no burden to provide evidence contradicting idiopathic cause and inference is that injury was caused by unidentified risk at work.

Vote: 3-0
Opinion by: Judge Cannon
Appellate District:
11

Anderson v. Sherwood Food Distrib. (1/12/06)

Employee who suffered injury because of poorly fitting work boot is not entitled to workers’ compensation because injury was not in the scope of employment.

Vote: 2-1
Opinion by: Judge Corrigan
Appellate District: 8

Bahr v. Progressive Cas. Ins. Co. (12/17/09)

Worker injured during team-building events is entitled to participate in workers’ compensation fund

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

Carnahan v. Morton Bldgs., Inc. (9/22/14)

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

Carter v. R & B Pizza Co., Inc. (3/18/08)

Officer of corporation is not excluded from definition of employee and is entitled to participate if injured in their employment.

Vote: 3-0
Opinion by: Judge Vukovich
Appellate District: 7

Channels v. Bur. of Workers’ Comp. (3/14/11)

Injury when going to house to pick up contact name and directions did not occur during participation in rehabilitation program and is not compensable.

Vote: 2-0, 1 concurs in judgment only
Opinion by: Judge Vukovich
Appellate District: 7

Chilton v. Conrad (7/29/05)

Court erred in granting summary judgment for employer of police officer who was injured during angioplasty when he was ordered by employer to cooperate with diagnostic testing and told that he could lose his job if the physicians did not certify him as healthy.

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

Cook v. Administrator (7/17/17)

Because date of injury is not a material fact of a workers’ compensation claim, failure to establish injury happened on a specific date does not require ruling against an injured worker if the worker can establish that the injury occurred at work.

Vote: 3-0
Opinion by: Judge Piper
Appellate District:
12

Cotton v. Bur. of Workers’ Comp. (1/28/11)

Trial court improperly granted summary judgment against a janitorial supervisor who was injured while helping a co-worker retrieve something stuck in a vending machine because a jury could find that the facts demonstrated that the injury occurred while he was acting in the course of and arose out of his employment.

Vote: 3-0
Opinion by: Per Curiam
Appellate District: 2

Duvall v. J & J Refuse (1/18/05)

Injury to knee was not compensable where there was no work incident which led to injury and claimant had been having knee problems for two weeks.

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

Edney v. Life Ambulance Serv., Inc. (9/20/12)

Chest pain was a symptom of another condition and did not satisfy the statutory definition of injury.

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

Emmert v. Mabe (4/18/08)

Housekeeper who was injured while picking up litter in the course of her employment was entitled to participate in the workers’ compensation fund for her injury.

Vote: 2-1
Opinion by: Judge Hildebrandt
Appellate District: 1

Isom v. Dayton Power & Light Co. (10/1/10)

Dual causation rule applies to workers’ compensation claims; under dual causation rule, where worker suffered multiple falls (some at employer) which combined to cause an injury, injured worker is entitled to participate even though doctor cannot specify which fall caused the injury.

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

Luettke v. Autoneum N. Am., Inc. (8/7/15)

A worker who suffers a work-related injury can participate in the workers’ compensation system for their injury even if they suffered from a health condition which made them more susceptible to injury than a worker whose health was normal.

Vote: 3-0
Opinion by: Judge Pietrykowski
Appellate District: 6

Rajeh v. Steel City Corp. (6/15/04)

Illegal alien entitled to participate in workers’ compensation fund for work-related injury even though he was in country illegally after failing to comply with deportation order.

Vote: 3-0
Opinion by: Judge Donofrio
Appellate District: 7

Raymond v. Shaker Produce, Inc. (4/7/05)

Individual who was hired by employer to work that day was entitled to workers’ compensation benefits even though they were injured on first day worked and employer claimed they only intended the individual to work for that day.

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

Rolsen v. Walgreen Co. (12/22/16)

Injury resulting from adverse reaction to voluntary vaccination provided during working hours by employer did not occur in the “course of” employment and was not compensable.

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

Williams v. Chrysler First Financial Services Co., 2017-Ohio-7778 (9/22/17)

Medical evidence did not support jury instruction on dual causation.

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

Willis v. Ohio Dept. of Transp. (4/12/16)

Post-laminectomy syndrome is not just a symptom, but is a specific condition which may be the subject of an R.C. 4123.512 appeal.

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