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Stiller v. Leaseway of Ohio9/12/1996
JUDGMENT AFFIRMED
Plaintiff-appellant Marton Stiller (hereinafter "plaintiff") appeals the trial court's order denying him the right to participate in the workers' compensation fund. Defendant-appellee Leaseway of Ohio, Inc. (hereinafter "defendant") alleged plaintiff failed to establish by a preponderance of the evidence that he suffers from the additional condition of dysthymic disorder.
In May 1985, plaintiff injured his back while working for defendant. Plaintiff filed a claim with the Bureau of Worker's Compensation which was allowed for lumbosacral strain, thoracic strain, and sciatic neuralgia. After a rehabilitation period of two months, plaintiff attempted to return to work but was unable to perform his duties and was laid off. He has not worked since then.
Plaintiff received temporary total workers' compensation disability benefits for six years, from 1985-1991. On June 26, 1991, after his benefits were terminated, plaintiff filed a motion requesting that the claim be additionally allowed for the conditions of dysthymic disorder with aggravation of previously existing stomach ulcer or gastrointestinal physiological disorder.
Plaintiff's claim for additional allowance was denied by a district hearing officer, a staff hearing officer, and the Industrial Commission. The trial court determined plaintiff failed to prove that he suffered the alleged conditions in the course of and arising out of his employment.
Plaintiff's first assignment of error states as follows:
THE TRIAL COURT ERRED IN FINDING THAT PLAINTIFF FAILED TO ESTABLISH BY A PREPONDERANCE OF THE EVIDENCE THAT HE SUFFERS FROM DYSTHYMIC DISORDER WITH AGGRAVATION OF PREVIOUSLY EXISTING STOMACH ULCER OR GASTROINTESTINAL PHYSIOLOGICAL DISORDER AND THAT THE PROXIMATE CAUSE OF SUCH CONDITION WAS HIS MAY 1, 1985 INDUSTRIAL INJURY AND SUCH FINDING WAS AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE.
Plaintiff argues the testimony of two doctors clearly supports a finding not only that he has dysthymic disorder, but that it directly and proximately relates to his previously recognized industrial injury.
Defendant counters by arguing there was conflicting medical testimony as to whether plaintiff suffered from a dysthymic disorder at the time he filed his claim for additional conditions. Also, defendant contends that plaintiff's medical condition was caused by the termination of his workers' compensation benefits and not by the work-related injury in 1985.
Plaintiff needs to establish that his condition was proximately caused by his work-related injury. "Injury," for workers' compensation purposes, includes an aggravation of a pre- existing condition as well as a condition directly caused by the work related injury. Schell v. Globe Trucking, Inc. (1990), 48 Ohio St.3d 1, 3. Proximate cause must be established by the reasonable probability, not mere possibility of expert medical testimony. Schumaker v. Oliver B. Cannon & Sons, Inc. (1986), 28 Ohio St.3d 367, 369. Therefore, plaintiff may establish that a causal connection exists by showing that his present medical condition was either an aggravation of a pre-existing condition caused by, or a direct result of, the work related injury. Thus, medical expert testimony regarding the causal connection based on a reasonable medical certainty is admissible if not essential.
In the present case, plaintiff's medical expert testified with a reasonable degree of medical certainty that plaintiff's condition is dysthymic disorder with an aggravation of a previously existing psychophysiological gastrointestinal disorder and is the direct result of the May 1, 1985 industrial injur
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