Steele v. Crawford Machine, Inc.

919 N.E.2d 758, 184 Ohio App. 3d 45
CourtOhio Court of Appeals
DecidedMay 18, 2009
DocketNo. 3-08-29
StatusPublished
Cited by4 cases

This text of 919 N.E.2d 758 (Steele v. Crawford Machine, Inc.) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Steele v. Crawford Machine, Inc., 919 N.E.2d 758, 184 Ohio App. 3d 45 (Ohio Ct. App. 2009).

Opinions

Shaw, Judge.

{¶ 1} Appellant, Crawford Machine, Inc. (“Crawford”), appeals from the October 21, 2008 judgment entry of the Crawford County Court of Common Pleas finding that appellee Trudi Steele is entitled to participate in the Workers’ [47]*47Compensation Fund for the conditions of “bilateral carpal-tunnel syndrome,” “bilateral wrist tendonitis,” and “bilateral ganglion cysts of the wrists.”

{¶ 2} This matter stems from Steele’s application for workers’ compensation benefits filed on September 27, 2004. Steele’s application was based on her claim of hand and wrist issues that began occurring during her employment with Crawford. Steele testified that previous employment had caused some problems with her thumbs, but that carpal tunnel had been specifically ruled out when thumb pain arose in 1994. Steele testified that she had surgery to treat the thumb problems, and then did not have any subsequent trouble with her hands until she began employment with Crawford.

{¶ 3} Steele began employment with Crawford in June 2004. It appears that during the time Steele was employed by Crawford she primarily worked on the “thread sealer.” The thread-sealer work was very repetitive and involved a lot of repeated hand motions.

{¶ 4} Several weeks into her employment with Crawford, Steele began experiencing numbness and tingling in her fingers and wrists. Steele testified that this sometimes caused her to drop parts. In September 2004, Steele also began to develop bumps on her wrists.

{¶ 5} On September 24, 2004, Steele sought treatment from Dr. Mei Chiew-Lai. Dr. Lai evaluated Steele’s condition and diagnosed her as having carpal-tunnel syndrome, bilateral tendonitis, and bilateral ganglion cysts. Based on the repetitive nature of Steele’s work at Crawford, Dr. Lai believed that Steele’s conditions were caused by her employment. When Steele filed her original claim, Dr. Lai was the diagnosing physician on the claim.

{¶ 6} Steele’s claim was disallowed in an order dated November 22, 2004. Steele appealed the decision on December 3, 2004. On January 5, 2005, the matter was heard before a district hearing officer who also denied Steele’s claim.

{¶ 7} A hearing was held before a staff hearing officer on February 10, 2005. The staff hearing officer allowed Steele’s claim based on “bilateral carpal-tunnel syndrome,” “tendonitis both wrists,” and “ganglion cysts at both wrists.” Crawford appealed on February 23, 2005, and the decision of the staff hearing officer was affirmed.

{¶ 8} An appeal was taken to the Crawford County Court of Common Pleas. A bench trial was held on September 23, 2008, with the trial court finding that Steele was entitled to participate in the Workers’ Compensation Fund for the conditions of “bilateral carpal-tunnel syndrome,” “bilateral wrist tendonitis,” and “bilateral ganglion cysts of the wrists.”

{¶ 9} Crawford now appeals, asserting a single assignment of error.

[48]*48ASSIGNMENT OF ERROR

It was error to consider both injury and occupational disease theories in the trial of this matter.

{¶ 10} In its sole assignment of error, Crawford argues that the trial court erred in considering both occupational-disease and injury theories in determining Steele’s right to participate in the workers’ compensation system.

{¶ 11} An appeal from the Industrial Commission to a trial court under R.C. 4123.512 regarding a claimant’s right to participate in the workers’ compensation scheme requires a de novo determination of matters of law and fact. Oswald v. Connor (1985), 16 Ohio St.3d 38, 42, 16 OBR 520, 476 N.E.2d 658, citing Swanton v. Stringer (1975), 42 Ohio St.2d 356, 359, 71 O.O.2d 325, 328 N.E.2d 794; Wyatt v. AutoZone, Inc., 3d Dist. No. 15-03-05, 2003-Ohio-6706, 2003 WL 22939675, ¶ 7. Therefore, the Rules of Civil Procedure apply and the trial court must disregard the Industrial Commission’s decision and rationale. Snyder v. Ford Motor Co., 3d Dist. No. 1-05-41, 2005-Ohio-6415, 2005 WL 3274868, ¶ 30; Wyatt, 2003-Ohio-6706, 2003 WL 22939675, at ¶ 7.

{¶ 12} Upon further appeal, review of the trial court’s decision is limited, and “[i]f the evidence before that [trial] court is sufficient to support the result reached, [the reviewing] court will not substitute its judgment.” Oswald, 16 Ohio St.3d at 42, 16 OBR 520, 476 N.E.2d 658, quoting Swanton, 42 Ohio St.2d at 359, 71 O.O.2d 325, 328 N.E.2d 794; Iiams v. Corporate Support, Inc. (1994), 98 Ohio App.3d 477, 480-481, 648 N.E.2d 902.

{¶ 13} In the present case, Crawford’s sole assignment of error does not call into question the trial court’s determination of the factual issues in this case. Instead, Crawford argues that the trial court erred in considering both occupational-disease and injury theories when determining whether Steele had a right to participate in the Workers’ Compensation Fund.

{¶ 14} R.C. 4123.54 provides that “every employee, who is injured or who contracts an occupational disease,” with some exceptions, has the right to participate in the workers’ compensation system. However, the workers’ compensation system typically differentiates how it treats injury and occupational disease. R.C. 4123.01 provides definitions of both “injury” and “occupational disease.” Moreover, significant case law has developed distinguishing how injury and occupational disease are treated. See Phillips v. Ingersoll-Humphryes Div., Borg-Warner Corp. (1972), 32 Ohio St.2d 266, 61 O.O.2d 493, 291 N.E.2d 736; Johnson v. Indus. Comm. (1955), 164 Ohio St. 297, 58 O.O. 90, 130 N.E.2d 807.

{¶ 15} In the present case, Crawford relies on Mull v. Jeep Corp. (1983), 13 Ohio App.3d 426, 13 OBR 514, 469 N.E.2d 923, for the proposition that an injured [49]*49worker cannot raise one theory, either occupational disease or injury, in her original claim and another on appeal. In Mull, the Sixth District Court of Appeals considered the issue as follows:

The overall scheme of the workers’ compensation statutes provides that a given claim be heard and reviewed three times in the administrative process and, if an appeal is taken pursuant to R.C. 4123.519, also heard in the court of common pleas. This court has previously held that where an issue has not been raised and decided in the administrative process, the issue may not be raised for the first time on appeal to the court of common pleas. See Lorene Scott v. Chevrolet Motor Division (Dec. 9, 1983), Lucas App. No. L-83-272 [1983 WL 2316], unreported; Linder v. Ford Motor Co. (July 8, 1983), Lucas App. No. L-83-107, unreported. To allow a claimant or employer to raise an issue for the first time in an appeal to the court of common pleas would frustrate the statutory system for having issues raised and decided through the administrative process.

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919 N.E.2d 758, 184 Ohio App. 3d 45, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steele-v-crawford-machine-inc-ohioctapp-2009.