2013 Ohio 5338
Ohio Ct. App.2013Background
- Harrison, Panera employee since 2006, injured February 9, 2011 unloading a heavy cabinet; injury led to shoulder pain and later medical treatment.
- Panera self-insured; initial acceptance for a sprain/strain; denial of substantial aggravation and impingement; administrative denials on appeal.
- Trial court held a bench trial January 18, 2013 with Harrison and two doctors (Dr. Shaw for Harrison, Dr. Rozen for Panera) presenting conflicting expert opinions.
- Medical evidence included arthritis pre-dating the accident (2010–2011 x-rays) and subsequent findings (MRI in 2013) allegedly showing aggravation and impingement; Dr. Shaw linked the accident to substantial aggravation and impingement, while Dr. Rozen questioned objective proof.
- Trial court ruled in Harrison’s favor on both substantial aggravation of a pre-existing arthritis and impingement; Panera appealed; opinion affirms the trial court’s judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does substantial aggravation of a pre-existing condition require objective evidence under RC 4123.01(C)(4)? | Harrison's aggravation supported by objective findings (exams/x-rays). | Harrison failed to show objective evidence. | There was objective evidence of substantial aggravation; trial court did not err. |
| Was the impingement syndrome caused by the 2011 accident rather than pre-existing? | Impingement directly caused by the 2011 injury. | Impingement could predate the accident due to arthritis/bone spurs. | Impingement was caused by the 2011 accident; trial court's finding affirmed. |
Key Cases Cited
- Schell v. Globe Trucking, Inc., 48 Ohio St.3d 1 (Ohio 1990) (injury definition; objective evidence requirement for substantial aggravation under RC 4123.01(C)(4))
- Brate v. Rolls-Royce Energy Sys., Inc., 2012-Ohio-4577 (5th Dist. Knox 2012) (objective evidence when substantiating aggravation; 5th Dist. discussion of objective findings)
- Goldsboro v. Goldsboro, 2007-Ohio-2135 (2d Dist. Miami 2007) (weight/credibility of evidence; appellate review of factual determinations)
- Gartin v. Gartin, 2012-Ohio-2232 (2d Dist. Clark 2012) (appellate deference to trial court’s factual resolutions; objective vs subjective evidence)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (standard for appellate review of trial court’s factual determinations)