Ward v. Kroger Co.

106 Ohio St. 3d 35
CourtOhio Supreme Court
DecidedJuly 27, 2005
DocketNo. 2004-1301
StatusPublished
Cited by34 cases

This text of 106 Ohio St. 3d 35 (Ward v. Kroger Co.) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ward v. Kroger Co., 106 Ohio St. 3d 35 (Ohio 2005).

Opinion

Alice Robie Resnick, J.

{¶ 1} On April 26, 2001, claimant-appellant, Howard Ward, injured his right knee in the course of and arising from his employment with appellee Kroger Company, a self-insured employer. Kroger certified the claim for “right knee sprain” but refused to certify the conditions of medial meniscus tear and chondromalacia of the right knee. On November 28, 2001, a district hearing officer allowed the knee sprain but disallowed the latter conditions “by direct causation or aggravation.” The order was affirmed by a staff hearing officer, and further appeal was refused by the Industrial Commission.

{¶ 2} Ward appealed to the Jefferson County Court of Common Pleas pursuant to R.C. 4123.512. In his complaint, Ward sought to participate in the Workers’ Compensation Fund for medial meniscus tear and chondromalacia of the right knee. However, a month before the scheduled trial date of June 12, 2003, Ward [36]*36filed a motion to amend the complaint to add the conditions of aggravation of preexisting degenerative joint disease and aggravation of preexisting osteoarthritis. The trial court granted the motion over Kroger’s objection and rescheduled the trial for September 25, 2003. Ward then dismissed his chondromalacia claim, and the cause proceeded to trial by jury on the remaining claims.

{¶ 3} The jury found against Ward on the originally appealed condition, medial meniscus tear, but found that he is entitled to participate in the fund based on the added conditions of aggravation of preexisting degenerative joint disease of the right knee and aggravation of preexisting osteoarthritis of the right knee. The trial court entered judgment upon the verdicts on October 16, 2003.

{¶ 4} The court of appeals reversed the judgment of the trial court on the basis that “the trial court exceeded its jurisdiction by permitting the employee to amend his complaint to add these two conditions, which were never presented to the administrative body.” In so doing, the court of appeals held that in an appeal to common pleas court under R.C. 4123.512, “the scope of the trial is limited to the condition ruled upon below.” (Emphasis deleted.)

{¶ 5} The cause is now before this court upon the acceptance of a discretionary appeal.

{¶ 6} The issue presented for our review is whether the scope of an R.C. 4123.512 appeal is limited to the medical conditions addressed in the order from which the appeal is taken.

{¶ 7} The district courts of appeals are split on this issue. Some courts hold that an R.C. 4123.512 plaintiff may amend his or her complaint in common pleas court to add conditions that were not presented to or addressed by the Industrial Commission. These courts reason that an R.C. 4123.512 appeal is a de novo determination of fact and law, and, therefore, the claimant is not limited to the record in the administrative proceedings.' They point out that R.C. 4123.512 provides for the application of the Civil Rules, which freely permit amendment of issues and claims, and that R.C. 4123.95 requires a liberal construction of the statute in favor of claimants. They also note that the statute authorizes the taking of depositions and other discovery, which suggests that the General Assembly contemplated that additional evidence might surface in the court of common pleas and intended, in the interest of judicial economy, to allow for the litigation of new conditions. Moreover, they observe, the statute does not proscribe the assertion of alternative bases for participation in the fund at the judicial level. Thus, the broad issue of the right to participate encompasses any additional injuries that might be revealed by the evidence in the judicial proceedings. See, e.g., Reed v. MTD Prod., Inc. (1996), 111 Ohio App.3d 451, 458-460, 676 N.E.2d 576; Williams v. Harsco Corp. (1994), 94 Ohio App.3d 441, 446-447, [37]*37640 N.E.2d 1193; Grant v. Ohio Dept. of Liquor Control (1993), 86 Ohio App.3d 76, 81-83, 619 N.E.2d 1165.

{¶ 8} Other courts, including the court of appeals in this case, hold that a claimant is precluded from litigating a new or different condition at trial in the court of common pleas. These courts essentially reason that the character of the trial as de novo means only that new evidence may be presented with regard to the appealed condition, not that evidence of a new condition may be presented for the first time on appeal. They view the order appealed as framing the jurisdiction of the common pleas court, finding that the claimant must first present all alleged conditions before the administrative body and that only the conditions adjudicated by the administrative order are properly before the court of common pleas. See Hausch v. Alside (1998), 129 Ohio App.3d 362, 717 N.E.2d 1121; Blake v. Mihm (Aug. 23, 1995), 9th Dist. No. 17043, 1995 WL 499782. See, also, Dunn v. Mayfield (1990), 66 Ohio App.3d 336, 340, 584 N.E.2d 37 (additional evidence allowed on claim asserted below, with implication that evidence on new claim would not be allowed); Williams v. Timken Co. (Oct. 1, 1984), 5th Dist. No. CA-6346, 1984 WL 3906; Mims v. Lennox-Haldeman Co. (1964), 8 Ohio App.2d 226, 228-229, 31 O.O.2d 357, 199 N.E.2d 20 (“When a claimant appeals from an order of the Industrial Commission * * *, it must be presupposed that the issue decided adversely to the claimant before the Industrial Commission is the only issue before the Court of Common Pleas”).

{¶ 9} We find that the latter courts come closer to the mark, although their reasoning requires some amplification. The requirement that workers’ compensation claims be presented in the first instance for administrative determination is a necessary and inherent part of the overall adjudicative framework of the Workers’ Compensation Act. Under R.C. 4123.512(A), “[t]he claimant or the employer may appeal an order of the industrial commission made under division (E) of section 4123.511 of the Revised Code in any injury or occupational disease case, other than a decision as to the extent of disability to the court of common pleas * * To this extent, the statute clearly contemplates the general nonappealability of commission orders and, in the ease of claims for initial allowance, withholding judicial review until after the claim runs the gamut of successive administrative hearings provided for under R.C. 4123.511.

{¶ 10} Allowing consideration of the right to participate for additional conditions to originate at the judicial level is inconsistent with this statutory scheme because it usurps the commission’s authority as the initial adjudicator of claims and casts the common pleas court in the role of a claims processor. A claimed right of participation in the fund is not a generic request. There is no such thing as a workers’ compensation claim for “an injury.” A workers’ compensation claim is simply the recognition of the employee’s right to participate in the fund [38]*38for a specific injury or medical condition, which is defined narrowly, and it is only for that condition, as set forth in the claim, that compensation and benefits provided under the act may be payable.

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Cite This Page — Counsel Stack

Bluebook (online)
106 Ohio St. 3d 35, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ward-v-kroger-co-ohio-2005.