Ellis v. Columbus Dev. Ctr.
2018 Ohio 933
Ohio Ct. App.2018Background
- Kimberly Ellis, an LPN employed by Columbus Developmental Center, injured her back at work on October 29, 2014; BWC allowed sprain/strain but denied additional claims for L2-3 herniation, L5-S1 herniation, and L4-5 lumbar radiculitis.
- The Industrial Commission denied Ellis’s appeals; she filed suit in Franklin County Court of Common Pleas under R.C. 4123.512 and proceeded to a jury trial on the three claims.
- At trial Ellis presented her testimony and Dr. Dustin Zimpfer’s deposition; Columbus Developmental presented testimony from two examining physicians.
- Columbus Developmental moved for a directed verdict at the close of Ellis’s case on the L4-5 lumbar radiculitis claim, arguing radiculitis is a symptom (pain complaint) not a compensable condition; the court granted the directed verdict as to radiculitis.
- The jury later found against Ellis on the L2-3 herniation and the substantial aggravation of L5-S1 herniation claims; the trial court entered judgment denying all three claims (directed verdict plus jury verdicts).
- On appeal, Ellis challenged only the directed verdict on lumbar radiculitis, arguing there was some substantive probative evidence (Dr. Zimpfer’s testimony) that radiculitis was a distinct compensable condition causally related to the work injury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether lumbar radiculitis at L4-5 is a compensable condition (not merely a symptom) under Ohio workers' compensation law | Ellis: Dr. Zimpfer’s testimony provided evidence that lumbar radiculitis was a distinct, new condition causally related to the work injury | Columbus Developmental: Radiculitis is a pain symptom of a disc herniation, not an independent compensable injury; therefore directed verdict was proper | Reversed directed verdict; court held there was some substantive probative evidence that reasonable minds could accept radiculitis as a compensable condition, so the issue should go to the jury |
Key Cases Cited
- White v. Leimbach, 131 Ohio St.3d 21 (standard for directed verdict and review de novo)
- Goodyear Tire & Rubber Co. v. Aetna Cas. & Sur. Co., 95 Ohio St.3d 512 (any evidence of substantive probative value for nonmoving party defeats directed verdict)
- Posin v. A.B.C. Motor Court Hotel, Inc., 45 Ohio St.2d 271 (conflicting evidence and credibility determinations are jury questions)