Jefferson v. CareWorks of Ohio, Ltd.
193 Ohio App. 3d 615
| Ohio Ct. App. | 2011Background
- Appellee-employer CareWorks of Ohio, Ltd. employed appellant as a case specialist from June 2007.
- Appellant alleges she slipped on a wet floor at work on December 10, 2008, suffering neck, knee, and ankle injuries.
- She applied for Workers’ Compensation; the Industrial Commission granted benefits for a cervical/neck sprain and right ankle sprain.
- Appellant appealed to the Franklin County Court of Common Pleas under R.C. 4123.512.
- The trial occurred July 7, 2010; the court granted a directed verdict for appellees after appellant rested her case.
- On appeal, appellant raises two assignments of error regarding evidence rulings and lack of medical expert causation evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly excluded key exhibits | Jefferson argues exhibits should be admitted | CareWorks argues exclusions were proper | Exclusions upheld; partial admission proper |
| Whether the employer’s directed verdict was correct given causation evidence | Jefferson contends causation shown without expert | Employer contends causation lacked medical proof | Directed verdict affirmed; expert testimony needed for causation |
Key Cases Cited
- Peters v. Ohio State Lottery Comm., 63 Ohio St.3d 296 (Ohio 1992) (abuse of discretion standard for evidentiary rulings)
- Bishop v. Ohio Bur. of Workers’ Comp., 146 Ohio App.3d 772 (Ohio App. 2001) (de novo review; commission findings not controlling on appeal)
- Rigby v. Lake Cty., 58 Ohio St.3d 269 (Ohio 1991) (abuse of discretion and evidentiary standards)
- Lambert v. Shearer, 84 Ohio App.3d 266 (Ohio App. 1992) (business-records admissibility requires authentication)
- Hytha v. Schwendeman, 40 Ohio App.2d 478 (Ohio App.2d 1974) (pre-Evid.R. 803(6) framework for medical records)
- State v. Myers, 153 Ohio App.3d 547 (Ohio App. 2003) (authentication foundation for business records sufficient without personal knowledge of custodian)
- Grant v. Ohio Dept., of Liquor Control, 86 Ohio App.3d 76 (Ohio App. 1993) (evidence of record admissibility in administrative appeals)
- White Motor Corp. v. Moore, 48 Ohio St.2d 156 (Ohio 1976) (common-knowledge exception to expert necessity in causation)