Tepe v. Tepe, 2012 Ohio 1482

Tepe is a self-employed attorney participating in Ohio workers’ compensation; he has a preexisting diabetic foot ulcer.
In April 2009 Tepe sought treatment for an ulcer that progressed despite prior care; Wagner grade initially 1, later noted as grade 3 with possible infection.
Wenstrup treated; imaging revealed osteomyelitis; he performed surgery removing infected bone sections; ulcer eventually healed.
Tepe claimed employment activities during a two-day trial aggravated the ulcer and osteomyelitis; BWC denied the claims.
Trial court conducted de novo bench trial; court denied all claims, finding no causation or substantial aggravation.
Appellate court reviews for manifest weight of the evidence; Tepe’s sole assignment of error challenges causation proof.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court properly denied causation.	Tepe argues evidence shows substantial aggravation by employment activity.	Defendant contends no substantial causal link or objective findings support aggravation.	Yes, the court correctly denied causation; not manifest weight to reverse.

C.E. Morris Co. v. Foley Construction Co., 54 Ohio St.2d 279 (Ohio 1978) (mandates deferential review; compel upholding trial findings if competent evidence exists)
Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (Ohio 1984) (weight-of-the-evidence standard; do not reweigh facts on appeal)
Shumaker v. Oliver B. Cannon & Sons, Inc., 28 Ohio St.3d 367 (Ohio 1986) (establishing proximate cause by probability; requires more than speculation)
McKee v. Electric Auto-Lite Co., 168 Ohio St. 77 (Ohio 1958) (probability standard for causation)
Albain v. Flower Hosp., 50 Ohio St.3d 251 (Ohio 1990) (probability-based causation standard; preponderance not enough without objective support)
Cooper v. Sisters of Charity of Cincinnati, Inc., 27 Ohio St.2d 242 (Ohio 1971) (proximate cause assessment requires more than bare possibility)