Tchankpa v. Ascena Retail Group. Inc.
2020 Ohio 3291
Ohio Ct. App.2020Background
- Appellant Tchankpa injured his back lifting laptops on December 21, 2012 while working for Ascena; initial treatment was paid by employer-provided health insurance.
- In May–October 2013 Ascena instructed him to file a workers' compensation claim; Ascena submitted a C-9 and then on October 11, 2013 completed a FROI-1 rejecting the claim (citing delay in reporting and "under investigation").
- A DHO allowed temporary total disability (TTD) on July 3, 2014; Ascena appealed; an SHO denied TTD on September 18, 2014 and the commission affirmed on October 7, 2014.
- Tchankpa filed an intentional-tort complaint under R.C. 2745.01 on November 23, 2015 alleging Ascena acted in bad faith by terminating coverage and withholding benefits; this court previously reversed a dismissal and allowed the R.C. 2745.01 claim to proceed.
- On remand the trial court granted Ascena summary judgment, holding Tchankpa’s intentional-tort claims were barred by the two-year personal-injury statute of limitations (R.C. 2305.10); Tchankpa appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Tchankpa's R.C. 2745.01 intentional-tort claim is time-barred by the two-year statute | Discovery rule delayed accrual (claim denial not final until Nov 2013 or later), so suit filed Nov 23, 2015 was timely | Accrual occurred on Oct 11, 2013 when employer affirmatively rejected the FROI-1 (or earlier at the Dec 2012 injury); two-year period expired before filing | Oct 11, 2013 rejection was a clear, affirmative denial that triggered the two-year statute; the discovery/waiver arguments were waived below — claim barred |
| Whether a separate bad-faith claim is governed by a four-year limitations period | Bad-faith tort is distinct and should be governed by four-year statute (R.C. 2305.09(D)) | Plaintiff alleged intentional tort under R.C. 2745.01 and conceded two-year applicability; any bad-faith theory was not raised below | Court found plaintiff waived the 4‑year argument and had invited the 2‑year characterization by conceding it below; rejected 4‑year claim |
| Whether nonpayment of TTD prior to Oct 7, 2014 produced timely intentional‑tort claims | DHO’s July 3, 2014 order was final until reversed; Ascena waived appeal so TTD terminations in Aug–Sept 2014 started accrual for new claims | SHO/commission proceedings made earlier payments and denials part of an appeal process; plaintiff did not plead these claims earlier | Court held these arguments were not pleaded earlier and were asserted too late (waived); cannot survive summary judgment |
Key Cases Cited
- Funk v. Rent-All Mart, Inc., 91 Ohio St.3d 78 (two-year limitations for R.C. 2745.01 intentional-tort claims)
- O'Stricker v. Jim Walter Corp., 4 Ohio St.3d 84 (discovery rule requires knowledge of injury and causation)
- Kerns v. Schoonmaker, 4 Ohio 331 (statute of limitations runs when injurious act occurs)
- LGR Realty, Inc. v. Frank & London Ins. Agency, 152 Ohio St.3d 517 (equitable application of discovery rule to avoid unconscionable results)
- Dresher v. Burt, 75 Ohio St.3d 280 (moving party’s burden on summary judgment)
- Goldfuss v. Davidson, 79 Ohio St.3d 116 (plain-error standard in civil cases)
- White v. Mt. Carmel Med. Ctr., 150 Ohio App.3d 316 (discussing bad-faith allegations against self-insured employers in this court)