Moore v. E.I. DuPontde Nemours Co.
2015 Ohio 5331
Ohio Ct. App.2015Background
- Moore's husband Dennis Moore died at work on May 27, 2011 from a fatal myocardial infarction.
- Moores filed a timely workers' compensation claim for death benefits with the Ohio BWC, asserting the heart attack occurred in the course of employment.
- BWC referred the matter to the Industrial Commission; the claim was denied at the IC and on staff officer review.
- Moore filed a civil action in Pickaway County Court of Common Pleas under R.C. 4123.512(C) seeking death benefits.
- Discovery occurred; Moore and a treating physician were deposed; summary judgment was sought by DuPont.
- The trial court granted DuPont's summary-judgment motion, and Moore appealed to the Fourth District Court of Appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Moore proves unusual workplace stress sufficient for Ryan v. Connor. | Moore asserts she met the Ryan test for unusual stress. | DuPont argues Moore failed to prove general causation or proximate cause. | Appellant established unusual stress but failed on proximate causation. |
| Whether Moore establishes proximate cause between workplace stress and death. | Stress at work directly caused or accelerated Moore's death. | There is no evidentiary support that stress was the proximate cause. | No genuine issue of material fact on proximate causation; proxy cause not proven. |
Key Cases Cited
- Ryan v. Connor, 28 Ohio St.3d 406 (1986) (tests for mental-physical stress compensability; requires proximate causation)
- Aiken v. Industrial Comm. of Ohio, 143 Ohio St. 113 (1944) (proximate cause standard in workers' comp; requires direct causal link)
- Click v. S. Ohio Correctional Facility, 152 Ohio App.3d 560 (2003) (summary-judgment evidentiary standards for causation opinions)