Injured Worker Did Not Have Requisite Causal Opinion From Doctor, Ohio

Causal Connection in Workplace Injury Cases

In Jimmison v GCRTA, 8th District, 2013 Ohio 3155, the Ohio Court affirmed summary judgment for an employer. The employer argued that the claimant's treating physicians' records did not establish a sufficient causal connection between the diagnosis and the workplace injury.

Jimmison alleged a neck, shoulder, and hernia injury at work in 2010. He claimed this occurred when he caught two heavy televisions falling from a workbench. Jimmison had also suffered a hernia before this alleged incident.

Lack of Workplace Incident Documentation

Jimmison sought treatment from several providers and was taken off work. However, his treatment records contained little to no discussion about a workplace incident. This was despite numerous indications of a strain-type injury.

Workers' Compensation Claim Denial

Jimmison’s workers’ compensation claim was denied administratively. He then appealed this decision to the common pleas court.

Summary Judgment for Employer

Jimmison did not timely file an expert report. Consequently, his employer moved for summary judgment, arguing that the treatment records did not suffice for requisite causal support. The trial court granted this motion, and the 8th District affirmed the decision after appeal.

The moral of this case for claimants is to always get a separate causal report from a treating physician(s) and/or independent evaluator

This case highlights the importance for claimants to obtain a separate causal report from a treating physician or independent evaluator. This is especially crucial when treatment records make little to no mention of a workplace incident, which occurs frequently.

Physician Documentation Challenges

Many physicians are not familiar with workers’ compensation or personal injury claims. They often do a poor job documenting causal relationships. A physician might accurately document a diagnosis and provide appropriate treatment but fail to mention the cause of the diagnosis.

Without this “causal connection,” it is very difficult to conclusively establish a workers’ compensation or personal injury claim.

Seeking Care from Experienced Physicians

For these reasons, it is often advisable for individuals injured on the job to seek care from an experienced physician. This physician should be certified by the Bureau of Workers’ Compensation to treat and diagnose workplace injuries.

McKenzie & Snyder LLP focuses on workers’ compensation claims in Ohio.

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