Phipps v. Internatl. Paper Co.
2013 Ohio 3994
Ohio Ct. App.2013Background
- Phipps injured Oct. 22, 1984, at International Paper after slipping on a packaging insert; injury occurred in the course of employment.
- Her workers’ compensation claim was allowed for 13 conditions, and she underwent multiple surgeries including total knee replacements.
- In Jan. 2011 she sought an allowance for Depressive Disorder NOS; the Industrial Commission denied and she appealed to the Clinton County Court of Common Pleas.
- Experts: Phipps’s Dr. Murphy and IP’s Dr. Songer agreed on Depressive Disorder NOS but disagreed on causation related to the 1984 accident.
- The trial court denied a directed verdict; the jury returned for IP; post-trial motions for directed verdict/JNOV were denied.
- Phipps argues dual causation and challenges Songer’s testimony; the appellate standard is de novo review of those motions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proximate cause/dual causation in compensable Depressive Disorder NOS | Phipps argues dual causation applies since both experts tie the disorder to the accident | IP contends Songer did not establish proximate causation and dual causation does not apply | denial of directed verdict and JNOV affirmed |
| Admissibility/probative value of Songer’s testimony | Songer’s testimony is contradictory and lacks probative value | Testimony was not inherently unreliable and could be considered | Testimony found not inherently contradictory; could be considered for proximate cause |
Key Cases Cited
- Cook v. Mayfield, 45 Ohio St.3d 200 (1989) (preponderance of evidence required to establish direct and proximate causation in workers’ comp)
- Williams v. Parker Hannifin Corp., 188 Ohio App.3d 715 (2010-Ohio-1719) (proximate cause defined as natural and continuous sequence)
- Norris v. Babcock & Wilcox Co., 48 Ohio App.3d 66 (Ninth Dist.1988) (multiple proximate causes permitted)
- Longbottom v. Mercy Hosp. Clermont, 2012-Ohio-2148 (12th Dist. Clermont Nos. CA2011-01-005 and CA2011-01-006) (de novo review of directed verdict/JNOV; substantial evidence standard)
- Osler v. Lorain, 28 Ohio St.3d 345 (1986) (standard for directed verdict/JNOV in civil cases)
- Snider v. Nieberding, 12th Dist. Clermont No. CA2002-12-105, 2003-Ohio-5715 (2003) (de novo review and sufficiency of evidence principles)
- Choate v. Tranet, Inc., 12th Dist. Warren No. CA2005-09-105, 2006-Ohio-4565 (2006) (standard for directed verdict/JNOV in appeal)
- Eberhardt v. Flxible Corp., 70 Ohio St.3d 649 (1994) (equivocal medical opinions lack probative value; clarity required)