Bradley v. Administrator9/25/2000
Plaintiff-appellant, Jody Bradley, appeals the decision of the Warren County Court of Common Pleas dismissing his injury claim against defendant-appellee, Tri-State Computer Exchange ("Tri-State"), and the jury verdict denying him participation in the Ohio Workers' Compensation Fund ("the Fund").
Bradley was an employee of Tri-State, owned and operated by John Grinstead, Jr., the company's president. At the time of Bradley's alleged injury, Tri-State was located at 5 Village Square, Glendale, Hamilton County, Ohio. On July 30, 1993, John Grinstead, Jr., told Debbie Burt, Tri-State's office manager, that his father, John Grinstead, Sr., was giving him some office furniture. Debbie sent Bradley, who was employed by Tri-State as a computer technician, and her father, Earl Burt, to collect the furniture from Grinstead, Sr., in Warren County, Ohio. At the time of these events, Bradley and Debbie were dating one another. Earl Burt was renting the property at 5 Village Square to Tri-State, and was thus Tri-State's landlord.
Bradley and Earl took a U-Haul truck to Grinstead, Sr.'s Warren County office to get the furniture. Bradley loaded some of the furniture by himself, including a metal desk. Upon returning to the Tri-State offices, Bradley unloaded the furniture with the help of Earl and David Deddens, a Tri-State employee. Bradley moved furniture from inside the truck, with Earl and Deddens on the ground. Bradley, Earl, and Claude Winbush, another Tri-State employee, then made a second trip to another location to pick up furniture and supplies.
The next week, Bradley told Grinstead, Jr., that he had hurt his back when unloading the metal desk from the truck. Grinstead, Jr., told Bradley to go see a doctor. Bradley went to Cincinnati Chiropractic Clinic ("CCC") that day, where he was seen by Dr. Jeronimo L. Arenas. Sally Wilson, Debbie Burt's sister, was a billing clerk and receptionist at CCC at that time. The following day, Bradley came to work with a back brace. His general job duties remained as computer technician, which did not involve much heavy lifting.
In September and October 1993, Tri-State moved its offices to 100 Security Drive, Fairfield, Butler County, Ohio. The move was apparently a last-minute decision, after Earl Burt informed Grinstead, Jr. that he was raising Tri-State's rent. Soon after the move, Bradley was laid off. Debbie quit because Bradley was laid off. In November 1993, Bradley and Debbie opened a new business, Computer Emporium, at the 5 Village Square location.
In January 1994, Bradley filed a workers' compensation claim application. The application was allegedly prepared by Wilson at CCC during Bradley's initial consultation on August 5, 1993. The application was signed and dated by Bradley on August 2, 1993. The application stated that Bradley was injured while moving and unloading furniture at 5 Village Square, but listed Tri-State's address as 100 Security Drive. On August 29, 1994, after a hearing, an Industrial Commission of Ohio ("Commission") staff hearing officer denied Bradley's claim. The Commission refused Bradley's appeal of the staff hearing officer's decision.
Bradley then appealed to the Hamilton County Court of Common Pleas, filing a complaint against the Administrator of the Bureau of Workers' Compensation ("Administrator"), the Commission, and Tri-State. Bradley alleged in Count One that he was injured in the course of and arising out of his employment, making him eligible to participate in the Fund. Count Two alleged that Tri-State was a non-complying employer, having not paid its workers' compensation premiums, making Tri-State liable to him for his injury.
Three months
Page 1 2 3 4 5 6 Ohio Employee Leasing Services
Employee Leasing Services
|