2021 Ohio 2565
Ohio Ct. App.2021Background
- On June 8, 2012, Meredith injured her back at work; the workers’ compensation claim was allowed for multiple physical conditions (including disc herniations and radiculopathy).
- In 2018 Meredith sought additional allowance for substantial aggravation of pre-existing major depressive disorder (single episode, moderate, comorbid with anxiety); the administrative claim was denied.
- Meredith appealed to the Stark County Court of Common Pleas; a jury in February 2020 found she was entitled to participate in the workers’ compensation fund for that psychiatric condition.
- Appellees moved for judgment notwithstanding the verdict (JNOV), arguing there was no evidence of a pre-existing psychiatric condition and no objective diagnostic/clinical/test findings showing substantial aggravation; the trial court granted JNOV on September 1, 2020.
- Meredith appealed; the appellate record lacked a trial transcript. The court reviewed the available deposition of Meredith’s expert (Dr. DiMarzio), who had seen Meredith once in 2018 and relied largely on subjective reports and an undocumented past prescription. The appellate court affirmed the JNOV.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in granting JNOV and reversing the jury verdict that allowed Meredith to participate for substantial aggravation of pre-existing major depressive disorder | Meredith: jury had sufficient evidence (her testimony, expert deposition, Dr. Konieczny’s report, daughter’s testimony) to find a pre-existing depressive disorder and substantial aggravation | Appellees: no admissible evidence of the specific pre-existing psychiatric condition and no objective diagnostic/clinical/test findings to show substantial aggravation | Affirmed. JNOV properly granted. Appellate court noted absence of trial transcript (presuming validity of trial court proceedings) and found the available expert evidence insufficient and largely subjective |
Key Cases Cited
- Pariseau v. Wedge Products, Inc., 36 Ohio St.3d 124 (Ohio 1988) (JNOV/directed-verdict standard; evidence construed most strongly for non-movant)
- Posin v. A.B.C. Motor Court Hotel, 46 Ohio St.2d 271 (Ohio 1976) (weight of evidence and witness credibility are not for the court on directed-verdict/JNOV rulings)
- White Motor Corp. v. Moore, 48 Ohio St.2d 156 (Ohio 1976) (claimant must show causal relationship between employment injury and harm to participate in workers’ compensation fund)
- Knapp v. Edwards Laboratories, 61 Ohio St.2d 197 (Ohio 1980) (appellant must provide trial transcript; omissions lead to presumption of regularity below)