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Bradley v. Administrator9/25/2000
essing the credibility of that evidence are the primary function of the jury as trier of fact, not an appellate court. Yuhasz v. Mrdenovich (1992), 82 Ohio App.3d 490, 492. In judging the evidence in support of a jury's verdict in a civil case,
udgments supported by some competent, credible evidence going to all the essential elements of the case will not be reversed by a reviewing court as being against the manifest weight of the evidence. Id., quoting C.E. Morris Co. v. Foley Constr. Co. (1978), 54 Ohio St.2d 279, syllabus.
Entitlement to benefits from the Fund is governed by R.C. 4123.54:
Every employee, who is injured or who contracts an occupational disease, * contracted in the course of employment, wherever such injury has occurred or occupational disease has been contracted, provided the same were not:
(A) Purposely self-inflicted; or
(B) Caused by the employee being intoxicated or under the influence of a controlled substance not prescribed by a physician where the intoxication or being under the influence of the controlled substance not prescribed by a physician was the proximate cause of the injury, is entitled to receive * from the state insurance fund, the compensation for loss sustained on account of the injury, occupational disease or death, and the medical, nurse, and hospital services and medicines, and the amount of funeral expenses in case of death, as are provided by this chapter.
"Injury" is defined by R.C. 4123.01(C) to include:
any injury, whether caused by external accidental means or accidental in character and result, received in the course of, and arising out of, the injured employee's employment.
The jury's verdict was not against the weight of the evidence. The fact that Bradley filed a claim application which contains information that is questionable at best would alone support the jury's verdict. There is also the testimony of the Grinsteads and Deddens, which the jury evidently found more credible than that of Bradley and his witnesses. It was contested whether Bradley complained of being injured while loading or unloading the desk. In any case, Bradley has posited two different versions of when he was hurt, first asserting that it was when unloading the desk, and later asserting that it was when loading the desk. Three months after his alleged injury, Bradley moved a refrigerator up a flight of stairs without help, demonstrating that his injuries, in the least, were not as incapacitating as he claims. Dr. Corson conceded that the tests he performed on Bradley only showed an injury had occurred, not when it occurred. Also, Bradley had prior injuries, and had not sought treatment for the alleged injury sustained while working at Tri-State for at least the eighteen months preceding his acquiring counsel.
The jury could reasonably have found that an injury did not occur in the course of Bradley's employment with Tri-State. The third assignment of error is overruled.
Judgment affirmed.
WALSH and VALEN, JJ., concur.
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