ROMINGER
LEGAL
Ohio Court Cases and Opinions -
Ohio Legal Research
NOT
FINDING WHAT YOU NEED? -RESEARCH
|
ROMINGER
LEGAL
|
||||||||||
|
Ohio Court Cases and Opinions -
Ohio Legal Research
|
||||||||||
| Need Legal Help? | ||||||||||
|
NOT
FINDING WHAT YOU NEED? -RESEARCH
|
||||||||||
|
|
|
|
|
|
|
|
|
|
|
This
court case was taken from the web sites of the Ohio Courts. Search
our site for more cases - CLICK
HERE |
|
|
Case Law - save on Lexis / WestLaw.
MUTTERS, APPELLANT, V. WHITE CASTLE SYSTEM, INC., APPELLEE, ET AL. [Cite as Mutters v. White Castle Sys., Inc. (1997), ___ Ohio St.3d ___.] Workers' compensation -- Application and requirements of R.C. 4123.84 with regard to "flow-through" or residual medical conditions. (No. 97-774 -- Submitted June 25, 1997 -- Decided September 24, 1997.) APPEAL from the Court of Appeals for Hamilton County, No. C-960524. __________________ Becker, Reed, Tilton & Hastings and Dennis A. Becker, for appellant. Porter, Wright, Morris & Arthur and Duane A. Boggs, for appellee. __________________ The discretionary appeal is allowed. The judgment of the court of appeals is reversed, and the cause is remanded to that court to apply Lewis v. Trimble (1997), 79 Ohio St.3d 231, 680 N.E.2d 1207. MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER and COOK, JJ., concur. LUNDBERG STRATTON, J., concurs separately. LUNDBERG STRATTON, J., concurring. I do not interpret this "remand" as an order to grant the claimant her award. Rather, I interpret it as an order to the court to apply the new standards in Lewis v. Trimble (1997), 79 Ohio St.3d 231, 680 N.E.2d 1207, to this fact pattern to determine whether claimant knew or should have known of her condition. However, I would also caution the trial court to factor in her doctor's apparent refusal to refer her for psychiatric care after she specifically requested it and the effect that refusal had upon her delay in diagnosis. It is possible that the doctor's refusal to refer claimant negated any threshold of the "knew or should have known" scienter on her part, given the trust one puts in one's own physician. 2 |
|
|
NOW - CASE
LAW - All 50 States - Federal Courts - Try
it for FREE
We
now have full text legal news
drawn from all the major sources!!
Pennsylvania Lawyer Help Board
Find An Attorney
TERMS
OF USE - DISCLAIMER - LINKING POLICIES
Created and Developed by
Rominger Legal
Copyright 1997 - 2010.
A Division of
ROMINGER, INC.
