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| McIntyre v. Arrow Int'l, Inc., No. 87845,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, February 22, 2007, Released
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Overview: Summary judgment was proper as the employee's medical expert provided an unsworn report, which was not incorporated through a sworn affidavit. Without the report, there was no evidence establishing a causal connection between the employee's previously allowed condition of carpal tunnel syndrome and her requested additional allowance for tendonitis.
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| Newland v. Warren Corr. Inst., Case No. 2006-06833-AD,
COURT OF CLAIMS OF OHIO, February 22, 2007, Filed
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Overview: An inmate failed in his proof of showing that his property was lost or stolen due to a negligent act or omission on the part of a correctional institution, as he signed a property inventory and further, an investigation regarding the inmate's complaints of missing property resulted in no property recovered.
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| Smith v. Najjar, Case No. 06 CA 38,
COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, RICHLAND COUNTY, February 22, 2007, Date of Judgment Entry
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Overview: A trial court decision that complied with a remand order by simply confirming the sale of real property owned by a trustee in favor of a first mortgagee was proper; based on the law of the case doctrine, denial was required to the trustee's challenges to the merits of the confirmation decision.
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| State ex rel. Bottomly v. Indus. Comm'n , No. 06AP-199,
COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, February 22, 2007, Rendered
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Overview: Given some uncertainty about the doctor's understanding of the extent of the employee's injury and some misidentification of allowed conditions for PPD in the Ohio Industrial Commission's prior orders, the magistrate appropriately determined that the matter be referred back to the Commission to allow the doctor to clarify his opinion.
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| State ex rel. Lawrence v. Indus. Comm'n, No. 06AP-141,
COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, February 22, 2007, Rendered
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Overview: A writ was granted because the Ohio Industrial Commission abused its discretion when it denied TTD compensation, under R.C. § 4123.56, by failing to carefully scrutinize the post-injury firing and failing to carefully examine the totality of the circumstances surrounding the employee's injury, his violation, and his subsequent firing.
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| State ex rel. Ormond v. City of Solon, No. 88026,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, February 22, 2007, Released
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Overview: A taxpayer suit contesting consideration of a variance request was not justiciable, under Ohio Const. art. IV, § 4(B), once a city denied the request, as the matter was moot because a judgment would have no practical effect on the issues, and exceptions for matters capable of repetition yet evading review and of great public interest did not apply.
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| State ex rel. Richardson v. BWC State Fund Rehab, No. 06AP-231,
COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, February 22, 2007, Rendered
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Overview: Ohio Admin. Code 4123-18-14 did not conflict with R.C. § 4123.61 because the regulation addressed injuries which were incurred while undergoing rehabilitation while the statute governed an occupational disease contracted in the course of employment, so the statute did not apply to the rehabilitation injuries the regulation was designed to address.
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| State ex rel. Wheeling-Pittsburgh Steel Corp. v. Indus. Comm'n, No. 06AP-43,
COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, February 22, 2007, Rendered
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Overview: The similarity in the two doctors' reports, both of which stated that the employee had effectively lost the use of his right upper extremity, supported the Ohio Industrial Commission's order that the employee had lost the effective use of his right arm, pursuant to R.C. § 4123.57(B).
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| State v. Allison, Case No. 06CA9,
COURT OF APPEALS OF OHIO, FOURTH APPELLATE DISTRICT, PICKAWAY COUNTY, February 22, 2007, File-stamped Date
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Overview: Crim. R. 32.1 motion to withdraw guilty plea was properly denied without a hearing. As defendant could be convicted of complicity to commit burglary even where indictment charged him with only principal offense, counsel's advice to this effect was proper and did not constitute ineffective assistance of counsel, rendering defendant's plea unknowing.
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| State v. Bandy, CASE NO. 05-MA-49,
COURT OF APPEALS OF OHIO, SEVENTH APPELLATE DISTRICT, MAHONING COUNTY, February 22, 2007, Decided
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Overview: Although the trial court should have allowed defendant to revoke his speedy trial waiver, the error was harmless because the State brought him to trial within a reasonable time after he filed his motion to withdraw his waiver and demand for trial--38 days. The subsequent delay in bringing him to trial was agreed to by the parties.
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