Current through: June 4, 2013

Ohio Court of Appeals Decisions

This page lists Ohio Court of Appeals workers' compensation decisions summarized in 2013, except for decisions adopting a lower court or Magistrate decision, or which decide a case based on a previous decision.

Select the case name to read the decision on the Ohio Supreme Court's web site. For older Court of Appeals workers' compensation decisions see our Court of Appeals archive page or see our case index for decisions organized by topic.

Added June 4, 2013

Ohio Bur. of Workers' Comp. v. Miller (5/21/13, posted 5/21/13)

Trial Practice: BWC entitled to summary judgment on its subrogation claim against an employer who settled potential claim with injured worker without following procedures of subrogation statute because employer satisfied subrogation statute's definition of "third party."

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

Miller v. Community Health Partners (5/13/13, posted 5/13/13)

Injury: Employer's failure to appeal psychiatric injury resulting from back condition does not entitle claimant to judgment on appeal relating to underlying back injury. The final decision on the psychiatric injury does not act as res judicata because there is no evidence that the issue of whether the injured worker suffered a compensable back injury was fully litigated in the hearing on the psychiatric claim.

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

Added May 3, 2013

Siembieda v. Coastal Pet Prods., Inc. (4/22/13, posted 4/23/13)

Trial Practice: Commission order which exercises continuing jurisdiction to vacate the denial of a claim and finds claim "neither allowed, nor disallowed" does not involve the right to participate and court lacks jurisdiction over employer's R.C. 4123.512 appeal.

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

Friebel v. Visiting Nurse Assn. of Mid Ohio (4/19/13, posted 4/24/13)

Injury: Court improperly granted summary judgment against employee injured while traveling for her employment because even though employee had dual intentions (including personal and business travel), she had not departed from her business travel at time accident occurred.

Vote: 2-1
Opinion by: Judge Gwin
Appellate District: 5

Hart v. Ridge Tool Co. (4/15/13, posted 4/15/13)

Settlement: Trial court prematurely dismissed workers' compensation claim against self-insurer based on oral settlement because R.C. 4123.65 provides that parties have 30 days after signing a written settlement agreement to withdraw from the settlement.

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

Kershner v. High Point Home Health, Ltd. (4/5/13, posted 4/5/13)

Injury: Jury could find home health care worker injured in slip on ice while entering her car entitled to participate because she planned to make a required telephone call to her employer before leaving her client's house, which could satisfy the requirements of the going and coming rule.

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

Added April 5, 2013

Margello v. Parachute & Special Advocates for Children (3/25/13, posted 3/25/13)

Employment: Volunteer who did not receive any form of compensation for volunteer activities is not an employee and therefore not entitled to receive workers' compensation benefits for an injury which occurred during volunteer activities.

Vote: 3-0
Opinion by: Judge S. Powell
Appellate District: 12

Casto, State ex rel. v. Indus. Comm. (3/19/13, posted 3/19/13)

Mandamus: Party asserting affirmative defense not entitled to mandamus relief where record does not demonstrate that it raised issue administratively.

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

Rubenbauer v. C. W. Zumbiel Co. (3/15/13, posted 3/15/13)

Trial Practice: Successful claimant entitled to payment of attorney fees, but evidence in record must support amount awarded.

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

Jones v. Multicare Health & Educational Servs., Inc. (2/28/13, posted 2/28/13)

Injury: Jury could find that home health care worker injured in accident which occurred when driving from lunch break to pick up prescription for client was injured in the course of and arising out of employment.

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

Brannon v. Buehrer (2/28/13, posted 2/28/13)

Trial Practice:Employer entitled to summary judgment where injured worker did not present medical evidence indicating that work caused or substantially aggravated the injured worker's medical condition.

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

Added February 27, 2013

Cowan v. Interdyne Corp. (2/25/13, posted 2/25/13)

Employment: When the customer of an employment agency controlled the employee's day-to-day work tasks, R.C. 4123.74 grants the customer immunity from a lawsuit filed by the employee.

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

Kinsey v. Apex Bolt & Machine Co. (2/22/13, posted 2/22/13)

Trial Practice: Trial court properly granted summary judgment against injured worker who did not produce any evidence to establish causal connection between injury and work.

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

Luciano v. NCC Solutions, Inc. (2/14/13, posted 2/14/13)

Injury: Going and coming rule bars employee from participating for injury resulting from car accident which occurred while returning to work from performing personal errands.

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

Metz, State ex rel. v. GTC Inc. (2/12/13, posted 2/12/13)

Permanent Total: Commission improperly relied on doctor's opinion that injured worker could perform sedentary work because doctor reported restrictions which conflict with administrative code definition of sedentary.

Vote: 2-1
Opinion by: Judge Tyack
Appellate District: 10

Added February 5, 2013

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

Employment: 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

Dobransky v. Cleveland Metro. Park Sys. (1/31/13, posted 1/31/13)

Trial Practice: Trial court should have granted employer's motion to dismiss filed when claimant failed to refile complaint within a year of voluntary dismissal.

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

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

Injury: 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

Jones v. Catholic Healthcare Partners, Inc. (12/31/12, posted 1/3/13)

Injury: Dual causation rule permits worker to participate for post-traumatic stress disorder caused both by stress of being taken hostage and physical injury which occurred to worker during incident.

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

Coler v. Anchor Acquisition, L.L.C. (12/31/12, posted 1/2/13)

Trial Practice: Trial court improperly found that injured worker did not have a pre-existing condition when the parties stipulated that a pre-existing condition existed.

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