Starkey v. Builders Firstsource Ohio Valley, L.L.C.
959 N.E.2d 24
Ohio Ct. App.2011Background
- Starkey injured September 11, 2003 while employed by Builders Firstsource Ohio Valley, and filed a workers’ compensation claim that was allowed for several conditions.
- In December 2005 Starkey moved to amend the claim to add degenerative osteoarthritis of the left hip, which was allowed administratively.
- Builders Firstsource appealed to the Hamilton County Court of Common Pleas challenging Starkey’s right to participate in the workers’ compensation fund for the left-hip condition.
- Starkey testified the injury aggravated preexisting osteoarthritis; both Starkey’s and Builders Firstsource’s experts agreed the workplace injury aggravated a preexisting condition.
- The trial court dismissed Starkey’s fund-claim for aggravation as a separate claim; Starkey appealed.
- After this court’s prior reversal in A-0801187, the Ohio Supreme Court later held aggravation is a causation theory rather than a separate condition, leading to remand on costs under R.C. 4123.512(D).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does res judicata bar Starkey’s second claim for benefits? | Starkey argues the second claim is not barred because it involves the same medical condition but a different theory of causation. | Builders Firstsource argues Starkey seeks relief already adjudicated in the prior action and is barred by res judicata. | Yes; res judicata bars the second claim. |
| Is Starkey entitled to summary judgment on the merits of the claim? | Starkey asserts entitlement to benefits for the degenerative osteoarthritis on causation grounds. | Builders Firstsource contends the claim is barred by res judicata and lacks merit. | Moot in light of res judicata judgment. |
| If necessary, how should costs be awarded? | Not separately argued. | Costs should be allocated per statute. | Costs vacated and remanded for calculation consistent with R.C. 4123.512(D). |
Key Cases Cited
- Koos v. Cent. Ohio Cellular, Inc., 94 Ohio App.3d 579 (1994) (standard for summary judgment; reliance on Civ.R. 56)
- Parsons v. Fleming, 68 Ohio St.3d 509 (1994) (statutory interpretation of review standards; public policy considerations)
- Robinson v. B.O.C. Group, Gen. Motors Corp., 81 Ohio St.3d 361 (1998) (causation theories in workers’ comp appeals; appellate deference)
- Kaiser v. Ameritemps, Inc., 84 Ohio St.3d 411 (1999) (causation and preexisting conditions in workers’ compensation)
- Fowee v. Wesley Hall, Inc., 108 Ohio St.3d 533 (2006) (procedural standards in Ohio Supreme Court rulings)