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Reed v. MTD Products5/31/1996
Per Curiam.
This case is before the court on appeal from the judgment and rulings of the Huron County Court of Common Pleas which, following a jury trial, (1) determined that plaintiff-appellee, Maxine Reed, was entitled to participate in the Workers' Compensation Fund for injuries she sustained during the course of her employment with defendant-appellant, MTD Products, Inc., Midwest Industries ("MTD"), on February 28, 1992, (2) denied MTD's motions for a new trial and for judgment notwithstanding the verdict, and (3) ordered MTD to pay Reed for certain expenses of the litigation. In particular, the jury concluded that as a result of an accident at work, Reed sustained contusions of the right leg and right arm, strains to the low back and right hip, and an exacerbation of a pre-existing arthritic condition of the right hip. MTD now raises the following assignments of error from that judgment:
"FIRST ASSIGNMENT OF ERROR
"The trial court erred to the prejudice of Midwest in permitting Reed to present evidence of an injury/medical impairment which had not been considered by or the subject of a final order of the Industrial Commission.
"SECOND ASSIGNMENT OF ERROR
"The trial court erred to the prejudice of Midwest in overruling its timely motion for a new trial.
"THIRD ASSIGNMENT OF ERROR
"The trial court erred in overruling the timely made motions both for a directed verdict and for judgment notwithstanding the verdict to the prejudice of Midwest.
"FOURTH ASSIGNMENT OF ERROR
"The trial court erred to the prejudice of Midwest in giving a jury instruction directing the jury not to consider what it learned from the trial court and thsclaimant's attorney as to the final administrative determination regarding a workers' compensation claim.
"FIFTH ASSIGNMENT OF ERROR
"The trial court erred to the prejudice of Midwest in approving a Referee's recommendation that it reimburse Reed for certain litigation expenses."
The relevant facts of this case are as follows. On the morning of February 28, 1992, Maxine Reed was working in her regular job as an assembler for MTD. Reed was standing in front of her machine when she heard Anthony Tackett, a forklift operator, yell, "Maxine, watch out." Reed then turned and saw three pallets which were stacked on a forklift falling toward her. Reed quickly turned into her machine as closely as she could and covered her head with her hands. She then felt an undetermined number of lawnmower height adjuster parts, which had been on the pallets, hit her on the right side of her body. The parts weigh two to three pounds each. After the accident, Deanna Ridgeway, a medical assistant in MTD's dispensary, was called to assist Reed. Reed was shaken and complained of pain on the lower right side of her body. Ridgeway helped Reed to the dispensary, where Reed was given ice for her leg and foot. Subsequently, Reed went home.
The next day, a Saturday, Reed saw Dr. John Rosso, a family doctor who frequently treats MTD employees. Reed told Rosso that three pallets had fallen on her. Rosso's notes from that appointment, however, indicate that Reed complained of soreness in her left hip, left forearm and upper left leg. Upon examining Reed, Rosso concluded that she had superficial contusions as a result of the accident. At that time, Reed was already taking medication for arthritis. Rosso therefore told her to continue taking that medication. On the following Monday, March 2, 1992, Reed saw her personal doctor, Dr. Richard Davies. Although Davies's notes do not reflect that Reed told him about the accident a
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