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Childers v. Whirlpool Corp.8/24/1995
EVANS, Judge.
Janala Childers, appellant, appeals from summary judgment granted against her in her action to participate in the Workers' Compensation Fund following the death of her husband. For the reasons that follow, the judgment of the trial court is affirmed.
The undisputed facts, taken in a light most favorable to the appellant, follow. On October 22, 1990, Rondal R. Childers, appellant's decedent, arrived at work at the Whirlpool Corporation, appellee, approximately one-half hour before his shift commenced and reported to the plant dispensary complaining of pain in his shoulder and neck. At the dispensary, the decedent requested that the nurse on duty, Linda Hill, R.N., check his blood pressure. The decedent also told Nurse Hill that he felt pain in his throat or neck. When Hill asked the decedent to lie down on an examining table, he declined, indicating that it hurt to lie down.
According to Hill's deposition testimony and her affidavit submitted in support of the appellee's motion for summary judgment, she asked the decedent whether he was aware that his symptoms "were a warning sign." According to Hill, the decedent did not respond to her question. Hill then asked the decedent if she should call for equipment to better diagnose his condition. He refused this suggestion. Hill's deposition testimony and affidavit indicate that the decedent's blood pressure, pulse, and skin color were normal. The decedent left the dispensary, completed his shift and went home.
While at home, he collapsed and died from an acute myocardial infarction. On October 20, 1992, the appellant filed her C-2 application for workers' compensation death benefits. The appellee, a self-insured employer, declined to certify her claim. The appellant exhausted her administrative remedies and, pursuant to R.C. 4123.519, timely filed her complaint and notice of appeal with the Court of Common Pleas of Marion County.
On November 9, 1994, the appellee moved for summary judgment. The appellee contended that an alleged failure to diagnose the decedent's heart attack was not a compensable injury under R.C. 4123.01. The appellee also argued that the appellant's failure to produce any evidence that an alleged failure to diagnose was causally connected to the decedent's heart attack precluded compensability. In its motion package for summary judgment, the appellee attached the affidavit of Nurse Hill.
Hill's affidavit attested to her qualifications, stated that the treatment and advice given to the decedent was in accordance with all accepted medical osnursing standards, stated that at no time did her conduct deviate from accepted medical or nursing standards, and further stated that she did not hasten the decedent's heart attack or death.
In her brief in opposition to summary judgment, the appellant asserted that Hill's failure to render proper treatment for the decedent "significantly contributed to his death by placing him in a position which increased the dangerous effects of his condition and placed him at greater risk than he or anyone else in the same circumstances would have encountered elsewhere." In support of this proposition, the appellant included the affidavit of Ronald A. Landefeld, M.D. After reviewing Nurse Hill's deposition testimony, the decedent's medical records, the appellant's affidavit, and the death certificate, Dr. Landefeld concluded with reasonable medical certainty that the care given by Hill was medically inappropriate and significantly contributed to the death of Rondal Childers.
In granting summary judgment in favor of the appellee, the trial court ruled that the appellant
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