Starkey v. Builders FirstSource Ohio Valley, L.L.C.
956 N.E.2d 267
Ohio2011Background
- Starkey injured left hip at work; BWC granted claim for multiple conditions including degenerative osteoarthritis (OA) of the left hip.
- Starkey sought to amend to include degenerative OA; administrative officer allowed amendment linking OA to the injury.
- Builders challenged Starkey’s right to fund participation for aggravation of OA, arguing aggravation is a separate claim not addressed administratively.
- Trial court dismissed, holding aggravation is a separate injury requiring administrative processing; ruled in Builders’ favor.
- First District reversed, concluding aggravation is a causation theory within the same condition and may be raised on appeal.
- Court now resolves the open Ward issue: aggravation is a causation theory, not a separate condition, and R.C. 4123.512 permits new causation evidence related to an administratively addressed condition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether aggravation of a preexisting condition is a separate claim. | Starkey argues aggravation is part of the same condition. | Builders argue aggravation is a distinct condition requiring administrative review. | Aggravation is not a separate condition; it is a causation theory. |
| Whether R.C. 4123.512 allows new causation theories on appeal when the condition was addressed administratively. | Starkey should be allowed to present new causation evidence on appeal. | Only conditions addressed administratively may be reviewed; new theories may not. | Yes; new causation theories related to the same condition may be presented on appeal. |
| What is the scope of Ward v. Kroger Co. in governing review of causation theories on appeal. | Ward’s framework supports presenting aggravation on appeal. | Ward restricted new conditions; does not resolve causation theories. | Ward permits considering causation theories on appeal for administratively addressed conditions. |
Key Cases Cited
- Ward v. Kroger Co., 106 Ohio St.3d 35 (2005-Ohio-3560) (addressing limits of R.C. 4123.512 review to conditions addressed administratively)
- Fox v. Indus. Comm., 162 Ohio St. 569 (1955) (recognizes multiple causation theories (direct, aggravation, etc.))
- Schell v. Globe Trucking, Inc., 48 Ohio St.3d 1 (1990) (recognizes various causation theories)
- Village v. Gen. Motors Corp., 15 Ohio St.3d 129 (1984) (defines injury and causation concepts in workers’ comp)
- Malone v. Indus. Comm., 140 Ohio St. 292 (1942) (injury defined; injury requires physical harm or medical condition)