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Patterson v. Industrial Power Systems6/7/2002
DECISION AND JUDGMENT ENTRY
This is an administrative appeal from a judgment of the Lucas County Court of Common Pleas, entered on a jury verdict that affirms the decision of the Ohio Bureau of Workers' Compensation. In his decision, a staff hearing officer for the bureau found that appellant, James P. Patterson, was not entitled to participate in the Ohio Workers' Compensation Fund for the conditions of "herniated disc a L5-S1 with nerve root involvement" and "small bowel ileus."
. Appellant contends that the following errors occurred in the proceedings below:
. "I. The trial court committed pre-judicial error in refusing to allow any reference to the allowed conditions of Mr. Patterson's claim.
. "II. The trial court committed pre-judicial error in failing to respond to the jury's question as to whether it could find in favor of Mr. Patterson if it found that Mr. Patterson did have a disc bulge.
. "III. The trial court committed pre-judicial error as a matter of law in denying Mr. Patterson's oral motion to amend the pleadings to conform to the evidence, by indicating that he sought allowance of his claim for 'disc bulge.'"
. In October 1996, appellant was working for Industrial Power Systems, Inc., as an ironworker when he was struck by a service van and thrown over a low wall into a truck pit. He fell approximately three feet, landing on his right shoulder, neck and head. As the result of the accident, appellant filed a claim with the Ohio Bureau of Workers' Compensation. The claim was allowed for the following conditions:
"Contusion of back; right elbow contusion; right elbow abrasion, right lower leg abrasion; right gluteus maximus contusion, right intercostal muscle contusion; contusion right upper limb; aggravation of pre-existing osteoarthritis right upper arm; aggravation of pre-existing osteoarthritis right shoulder; aggravation of pre-existing cervical spondylosis." At the time of the accident, appellant was fifty-eight years old.
. Appellant never returned to work. In 1999, he filed additional claims for conditions allegedly arising from his 1996 accident. The first condition was a "pain disorder" involving "psychological factors and general medical depression and depression." The second claimed condition was described as a disc herniation L5-S1 with nerve root displacement and small bowel ileus stemming from epidural steroid injections received for the low back."
. The claimed conditions were allowed by the district hearing officer; however, Industrial Power System, Inc., appealed that determination and the staff hearing officer rendered a decision allowing workers' compensation benefits for the psychological condition but denying benefits for the physical conditions. The Industrial Commission of Ohio refused appellant's appeal of the staff hearing officer's decision.
Appellant therefore filed a complaint in the common pleas court naming his employer and appellee, James Conrad, Administrator of the Ohio Bureau of Workers' Compensation, as defendants-appellees.
. The following relevant facts were adduced during the trial of this matter. It is undisputed that appellant neither mentioned nor was he treated for low back pain immediately following the accident in October 1996. Indeed, even though appellant maintained that he had low back pain from "Day 1" after the accident, the report of the attending physician who examined appellant on October 1, 1996 states that he denied the existence of any abdominal or low back pain. Her examination of appellant's back indicated that it was "unremarkable" and that appellant was therefore removed from the "bac
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