Trial Practice Cases: Medical Evidence / Testimony / Exam — No Expert Required (Court of Appeals)

Ohio Workers’ Compensation Decisions
(Court of Appeals)

Trial Practice: Medical Evidence / Testimony / Exam — No Expert Required

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.

Chilson v. Conrad (7/3/06)

Where the causal connection between an injury and the incident which caused it involves a matter of common knowledge, expert medical testimony is not required.

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

Lemus-Sanchez v. Fayette Drywall, Inc. (5/16/14)

Medical testimony not required to establish that flying concrete caused cut to injured worker’s eye, because it is common knowledge that if flying concrete hits someone in the eye it can cause a cut.

Vote: 3-0
Opinion by: Judge DeWine

Appellate District:
1

Thomas v. Timken Co. (7/13/09)

Trial court improperly granted summary judgment against injured worker who failed to provide expert medical testimony to support workers’ compensation claim which involved question of causal connection which was within knowledge of lay witnesses or jury.

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