Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2013 Apr 08 1:35 PM-13CV003889
OBO80 - E7
IN THE COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
RANDY G. BROWN
17525 Springdale Road
Marysville, Ohio 43040-9416
Plaintiff-Appellant,
Vv.
STEPHEN P. BUEHRER, ADMINISTRATOR
BUREAU OF WORKERS’ COMPENSATION
30 West Spring Street
Columbus, Ohio 43266-0589
and
JMD ARCHITECTURAL PRODUCTS. INC.
8200 Flick Road
Case No.
PETITION AND COMPLAINT
AND REQUEST FOR
PRODUCTION OF DOCUMENTS
Workers Compensation Case
BWC Claim No. 00-342534
(Previously Filed and Dismissed)
(Formerly Case No. 11CVD03 4170)
Jury Demand Endorsed Herein
Tipp City, Ohio 45372-8764
NS SS SS SS SH SS ES SS SY
Defendants-Appellees.
qa)
Q)
(3)
(4)
Plaintiff says that on or about March 2, 2000, he was an employee of JMD Architectural
Products, Inc., working in Franklin County, Ohio, and during the course of and arising out
of his employment he sustained an accidental injury; that on said date his employer was
amenable to the provisions of the Workers’ Compensation Act.
That Plaintiff filed with the Bureau of Workers’ Compensation a claim for an accidental
injury, to which has been assigned Claim No. 00-342534.
That on January 18, 2011 (typed January 19, 2011/mailed January 21, 2011), the District
Hearing Officer issued an order denying Plaintiffs Motion to amend the claim to include
specified conditions. A copy of that order is attached hereto as Exhibit A.
That the Plaintiff filed an appeal, and on March 2, 2011 (typed March 2, 2011/mailed
March 5, 2011), the Staff Hearing Officer issued an order affirming the District Hearing
Officer’s order. A copy of that order is attached hereto as Exhibit B.oposo rg ranklin County Ohio Clerk of Courts of the Common Pleas- 2013 Apr 08 1:35 PM-13CV003889
(5) That an appeal was then taken to the Industrial Commission of Ohio by the Plaintiff, and on
March 22, 2011 (typed March 22, 201 1/mailed March 24, 2011), the Industrial Commission
made the order:
“Pursuant to the authority of the Industrial Commission under R. C. 4123.511
(E), it is ordered that the Injured Worker’s appeal, filed 03/07/2011, from the
Staff Hearing Officer order, issued 03/07/2011, be refused and that copies of
this order be mailed to all interested parties... ANY PARTY MAY APPEAL
AN ORDER OF THE COMMISSION, OTHER THAN A DECISION AS TO
EXTENT OF DISABILITY, TO THE COURT OF COMMON PLEAS
WITHIN 60 DAYS AFTER RECEIPT OF THE ORDER, SUBJECT TO THE
LIMITATIONS CONTAINED IN OHIO REVISED CODE 4123.512.”
(6) That the order of the Industrial Commission made March 22, 2011 (typed March 22,
201 1/mailed March 24, 2011) is a final order denying Plaintiff the right to participate in the
Workers’ Compensation Fund.
(7) That this Complaint is being filed pursuant to Ohio Revised Code, Sections 4123.519 and
2305.19, and Lewis v. Connor, 21 Ohio St. 3d 1, a previous appeal and complaint having
been dismissed without prejudice. That appeal filed in the former case, 00-342534, vested
jurisdiction in this Court and survived by Civ. R. 41 dismissal. A copy of that appeal is
attached to this petition and complaint.
WHEREFORE, Plaintiff prays for the right to participate in the benefits provided by the
Workers’ Compensation Act, for a jury trial, for costs herein and for statutory attorney fees.
Respectfully submitted,
KEVIN J. LARRIMER
LARRIMER & LARRIMER
165 North High Street
Columbus, Ohio 43215
Tel (614) 221-7548; Fax (614) 221-8659
E-mail: kevin@email.gom
Attorney for Plaintiff-AppellantFranklin County Ohio Clerk of Courts of the Common Pleas- 2013 Apr 08 1:35 PM-13CV003889
OBO80 - EQ i 1
IN THE COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
RANDY G. BROWN
17525 Springdale Road
Marysville, Ohio 43040-9416
Plaintiff-Appellant,
v.
STEPHEN P. BUEHRER, ADMINISTRATOR
BUREAU OF WORKERS’ COMPENSATION
30 West Spring Street
Columbus, Ohio 43266-0589
and
JM D ARCHITECTURAL PRODUCTS, INC.
8200 Flick Road
Tipp City, Ohio 45371-8764
Defendants-Appellees
1] Cv 03
Case No.
4170
NOTICE OF APPEAL
Workers’ Compensation Case
BWC Claim No. 00-342534
eS SS SH SH SH SS
Now comes Randy G. Brown, Plaintiff, and hereby gives notice of his appeal from the
decision of the Staff Hearing Officer heard on March 2, 2011 (typed March 2, 2011/mailed
March 5, 2011), from which the Industrial Commission refused any further review by order
issued on March 22, 2011 and mailed on March 24, 2011 in Claim No. 00-342534, wherein
Randy G. Brown is the claimant and J M D Architectural Products, Inc. is the employer.
Said appeal is made pursuant to Section 4123.512, Revised Code of Ohio.
LARRIMER & LARRIMER
165 North High Street
Columbus, Ohio 43215
(614) 221-7548; Fax (614) 221-8659
E-mail: Larrimer@email.com
N03) 40 WY3I
John H. Larrimer (0068339) =
Attorneys for Plaintiff-Appellant—
uvFranklin County Ohio Clerk of Courts of the Common Pleas- 2013 Apr 08 1:35 PM-13CV003889
0B080 - E10 .
Ohio Industrial Commission
RECORD OF PROCEEDINGS
Claim Number: 00-342534 Claims Heard: 00-342534
L?-ACC-OSIF-COV
PCN: 2103471 Randy G. Brown
RANDY G. BROWN
17525 SPRINGDALE RD
MARYSVILLE OH 43040-9416
Date of Injury: 3/02/2000 Risk Number: 917008-0
This claim has been previously allowed for: SPRAIN LUMBOSACRAL; SPRAIN THORACIC
REGION; SPRAIN LUMBAR REGION; PROTRUDING DISC T12-L1; PROTRUDING DISC 11-12;
SPINAL STENOSIS THORACIC.
This matter was heard on 01/18/2011 before District Hearing Officer Deborah J.
Charney pursuant to the provisions of R.C. Sections 4121.34 and 4123.511 on the
following:
€-86 Motion filed by Injured Worker on 09/10/2010
Issue: 1) Additional Allowance - DISC PROTRUSION AT L3-4 WITH BIOFORAMINAL
STENOSIS
2) Temporary Total Disability
C-84 Request For Temporary Total Compensation filed by Injured Worker on
09/10/2010
Issue: 1) Temporary Total Disability
Notices were mailed to the Injured Worker, the Employer, their respective
representatives and the Administrator of the Bureau of Workers’ Compensation not
less than fourteen (14) days prior to this date and the following were present
for the hearing:
APPEARANCE FOR THE INJURED WORKER: Mr. Goodburn, Mr. Brown
APPEARANCE FOR THE EMPLOYER: No Appearance
APPEARANCE FOR THE ADMINISTRATOR: Mr. Sommer
It is the order of the District Hearing Officer that the C-86 Motion filea by
Injured Worker on 09/10/2010 is denied and the Injured Worker's C-84, filed
09/10/2010 is denied.
‘The Injured Worker's request for the additional allowance of the condition, »prsc
PROTRUSION AT 13-4 WITH FORAMINAL STENOSIS, BY WAY OF FLOW-THROUGH" is DENIED.
Further, the Injured Worker's request for the payment of temporary total
compensation from 01/06/2010 and to continue, is also denied. The District
Hearing Officer finds that the evidence in file and presented at this hearing
does not support these requests, at this time.
In denying these requests, the District Hearing Officer relies upon the reports
in file from Dr. Schlonsky, dated 10/24/2010 and 11/29/2010. respectively.
Evidence was reviewed and considered.
An IC-12 Appeal from this order may be filed within fourteen (14) days of the
receipt of the order. The IC-12 may be filed online at www.ohioic.com or the IC-
12 may be sent to the Industrial Commission of Ohio, Claims Management Section,
30 W. Spring St., 10th Floor, Columbus, OH 43215-2233.
DHOSFCT2 Page 1 emp/ajcFranklin County Ohio Clerk of Courts of the Common Pleas- 2013 Apr 08 1:35 PM-13CV003889
E11 i :
Ohio Industrial Commission
RECORD OF PROCEEDINGS
Claim Number: 00-342534
Typed By: smp
Date Typed: 01/19/2011 Deborah J. Charney
District Hearing Officer
Notice of Contested Claim: 12/06/2010
Findings Mailed: 01/21/2011
Electronically signed by
Deborah J. Chamey
The parties and representatives listed below have been sent this record of
proceedings. If you are not an authorized representative of one of the
parties, please notify the Industrial Commission.
00-342534
Randy G. Brown
17525 Springdale Rd
Marysville OH 43040-9416
Risk No: 917008-0
gd MD Architectural Products Inc
8200 Flick Rd
Tipp City OH 45371-8764
ID No: 20060-91
***Larrimer & Larrimert**
165 N High st
Columbus OH 43215-2486
ID No: 120-80
‘***Frank Gates Service Cot
PO Box 182364
Columbus OH 43218-2364
ID No: 21264-91
Coolidge, Wall, Womsley & Assoc
33 W ist St Ste 600
Dayton OH 45402-1289
BWC, LAW DIRECTOR
NOTE: INJURED WORKERS, EMPLOYERS, AND THEIR AUTHORIZED REPRESENTATIVES MAY
REVIEW THEIR ACTIVE CLAIMS INFORMATION THROUGH THE INDUSTRIAL COMMISSION WEB
SITE AT www.ohioic.com. ONCE ON THE HOME PAGE OF THE WEB SITE, PLEASE CLICK
I.C.O.N. AND FOLLOW THE INSTRUCTIONS FOR OBTAINING A PASSWORD. ONCE YOU HAVE
OBTAINED A PASSWORD, YOU SHOULD BE ABLE TO ACCESS YOUR ACTIVE CLAIM(S) .
DHOSFCT2 Page 2 smp/djc
‘An Equal Opportunity guployer
and Service ProviaerFranklin County Ohio Clerk of Courts of the Common Pleas- 2013 Apr 08 1:35 PM-13CV003889
0B080 - E12 j '
Ohio Industrial Commission
RECORD OF PROCEEDINGS
Claim Number: 00-342534 Claims Heard: 00-342534
LT-ACC-OSIF-COV
PCN: 2103471 Randy G. Brown
RANDY G. BROWN
17525 SPRINGDALE RD
MARYSVILLE OH 43040-9416
Date of Injury: 3/02/2000 Risk Number: 917008-0
This claim has been previously allowed for: SPRAIN LUMBOSACRAL; SPRAIN THORACIC
REGION; SPRAIN LUMBAR REGION; PROTRUDING DISC T12-L1; PROTRUDING DISC L1-12;
SPINAL STENOSIS THORACIC. DISALLOWED: DISC PROTRUSION AT L3-4 WITH FORAMINAL
STENOSIS, BY WAY OF FLOW THROUGH.
This matter was heard on 03/02/2011 before Staff Hearing Officer C. Matthews
pursuant to the provisions of R.C, Sections 4121.35(B) and 4123.511(D) on the
following:
APPEAL of DHO order from the hearing dated 01/18/2011; filed by Injured Worker
on 01/21/2011.
Issue: 1) Additional Allowance - DISC PROTRUSION AT L3-4 WITH BIFORAMINAL
STENOSIS
2) Temporary Total Disability
3) Temporary Total Disability
Notices were mailed to the Injured Worker, the Employer, their respective
vepresentatives and the Administrator of the Bureau of Workers’ Compensation not
less than fourteen (14) days prior to this date, and the following were present
for the hearing:
APPEARANCE FOR THE INJURED WORKER: Mr. Larrimer and Mr. Brown
APPEARANCE FOR THE EMPLOYER: No Appearance
APPEARANCE FOR THE ADMINISTRATOR: Mr. Sommer
The order of the District Hearing Officer, from the hearing dated 01/18/2011, is
affirmed.
The Injured Worker's C-86 motion, filed 09/10/2010, requesting an additional
allowance for DISC PROTRUSION AT L3-4 WITH BIFORAMINAL STENOSIS, is DENIED.
The Injured Worker requested the additional allowance via flow-through
mechanism. The Hearing Officer fails to find that the DISC PROTRUSION AT L3-4
WITH BIFORAMINAL STENOSIS flows out of the industrial injury. The Hearing
Officer relies on Dr. Schlonsky's 10/24/2010 report in which Dr. Schlonsky
indicates the abnormal disc at L3-4 was not present on the 2001 MRI. He further
opines that there is no relationship between this condition and the industrial
injury. The Hearing Officer also relies upon Dr. Schlonsky's 11/29/2010
report. Dr. Schlonsky opines that there is no evidence that the Injured worker
suffers from symptoms from his L3-4 biforaminal stenosis. In addition, Dr.
Schlonsky indicates that this condition should not be additionally allowed via
flow-through,
The Injured Worker's C-84, filed 09/10/2010, requesting payment of temporary
total compensation from 01/06/2010 through 06/07/2010 closed period as the
Injured Worker returned to work on 06/08/2010 per the Injured Worker's attorney,
is denied. The Hearing Officer fails to find that the Injured Worker was
rendered temporarily and totally disabled due to the allowed conditions of this
claim for this time period. the Hearing officer relies upon Dr. Schlonsky's
10/24/2010 and 11/29/2010 reports.
SHOL Page 1 mmn/cmpagantdin County Ohio Clerk of Courts of the Common Pleas- 2013 Apr 08 1:35 PM-13CV003889
Ohio Industrial Commission
RECORD OF PROCEEDINGS
Claim Number: 00-342534
An IC-12 Appeal from this order may be filed within fourteen (14) days of the
receipt of the order. The IC-12 may be filed online at www.ohioic.com or the
Ic-12 may be sent to the Industrial Commission of Ohio, Claims Management.
Section, 30 W. Spring St., 10th Floor, Columbus, OH 43215-2233.
Typed By: mmn
Date Typed: 03/02/2011 Cc. Matthews
Staff Hearing Officer
Findings Mailed: 03/05/2011
Electronically signed by
C. Matthews:
The parties and representatives listed below have been sent this record of
proceedings. If you are not an authorized representative of one of the
parties, please notify the Industrial Commission.
ID No: 20060-91
‘eLarrimer & Larrimer***
00-342534
Randy G. Brown
17525 Springdale Rd
Marysville OH 43040-9416
Risk No: 917008-0
J MD Architectural Products Inc
165 N High st
Columbus OH 43215-2486
ID No: 120-80
***Frank Gates Service Cot**
PO Box 182364
Columbus OH 43218-2364
8200 Flick Rd
vipp City OH 45371-8764
TD No: 21264-9121
Coolidge, Wall, Womsley & Assoc
33 W Ist St ste 600
Dayton OH 45402-1289
BWC, LAW DIRECTOR
NOTE: INJURED WORKERS, EMPLOYERS, AND THEIR AUTHORIZED REPRESENTATIVES MAY
REVIEW THEIR ACTIVE CLAIMS INFORMATION THROUGH THE INDUSTRIAL COMMISSION WEB
SITE AT www.ohioic.com. ONCE ON THE HOME PAGE OF THE WEB SITE, PLEASE CLICK
I.C.O.N. AND FOLLOW THE INSTRUCTIONS FOR OBTAINING A PASSWORD. ONCE YOU HAVE
OBTAINED A PASSWORD, YOU SHOULD BE ABLE TO ACCESS YOUR ACTIVE CLAIM(S) .
SHOL Page 2 mn /om
‘An Bqual Opportunity employer
and Service Provider
Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2013 Apr 08 1:35 PM-13CV003889 OBO80 - E7 IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO RANDY G. BROWN 17525 Springdale Road Marysville, Ohio 43040-9416 Plaintiff-Appellant, Vv. STEPHEN P. BUEHRER, ADMINISTRATOR BUREAU OF WORKERS’ COMPENSATION 30 West Spring Street Columbus, Ohio 43266-0589 and JMD ARCHITECTURAL PRODUCTS. INC. 8200 Flick Road Case No. PETITION AND COMPLAINT AND REQUEST FOR PRODUCTION OF DOCUMENTS Workers Compensation Case BWC Claim No. 00-342534 (Previously Filed and Dismissed) (Formerly Case No. 11CVD03 4170) Jury Demand Endorsed Herein Tipp City, Ohio 45372-8764 NS SS SS SS SH SS ES SS SY Defendants-Appellees. qa) Q) (3) (4) Plaintiff says that on or about March 2, 2000, he was an employee of JMD Architectural Products, Inc., working in Franklin County, Ohio, and during the course of and arising out of his employment he sustained an accidental injury; that on said date his employer was amenable to the provisions of the Workers’ Compensation Act. That Plaintiff filed with the Bureau of Workers’ Compensation a claim for an accidental injury, to which has been assigned Claim No. 00-342534. That on January 18, 2011 (typed January 19, 2011/mailed January 21, 2011), the District Hearing Officer issued an order denying Plaintiffs Motion to amend the claim to include specified conditions. A copy of that order is attached hereto as Exhibit A. That the Plaintiff filed an appeal, and on March 2, 2011 (typed March 2, 2011/mailed March 5, 2011), the Staff Hearing Officer issued an order affirming the District Hearing Officer’s order. A copy of that order is attached hereto as Exhibit B.oposo rg ranklin County Ohio Clerk of Courts of the Common Pleas- 2013 Apr 08 1:35 PM-13CV003889 (5) That an appeal was then taken to the Industrial Commission of Ohio by the Plaintiff, and on March 22, 2011 (typed March 22, 201 1/mailed March 24, 2011), the Industrial Commission made the order: “Pursuant to the authority of the Industrial Commission under R. C. 4123.511 (E), it is ordered that the Injured Worker’s appeal, filed 03/07/2011, from the Staff Hearing Officer order, issued 03/07/2011, be refused and that copies of this order be mailed to all interested parties... ANY PARTY MAY APPEAL AN ORDER OF THE COMMISSION, OTHER THAN A DECISION AS TO EXTENT OF DISABILITY, TO THE COURT OF COMMON PLEAS WITHIN 60 DAYS AFTER RECEIPT OF THE ORDER, SUBJECT TO THE LIMITATIONS CONTAINED IN OHIO REVISED CODE 4123.512.” (6) That the order of the Industrial Commission made March 22, 2011 (typed March 22, 201 1/mailed March 24, 2011) is a final order denying Plaintiff the right to participate in the Workers’ Compensation Fund. (7) That this Complaint is being filed pursuant to Ohio Revised Code, Sections 4123.519 and 2305.19, and Lewis v. Connor, 21 Ohio St. 3d 1, a previous appeal and complaint having been dismissed without prejudice. That appeal filed in the former case, 00-342534, vested jurisdiction in this Court and survived by Civ. R. 41 dismissal. A copy of that appeal is attached to this petition and complaint. WHEREFORE, Plaintiff prays for the right to participate in the benefits provided by the Workers’ Compensation Act, for a jury trial, for costs herein and for statutory attorney fees. Respectfully submitted, KEVIN J. LARRIMER LARRIMER & LARRIMER 165 North High Street Columbus, Ohio 43215 Tel (614) 221-7548; Fax (614) 221-8659 E-mail: kevin@email.gom Attorney for Plaintiff-AppellantFranklin County Ohio Clerk of Courts of the Common Pleas- 2013 Apr 08 1:35 PM-13CV003889 OBO80 - EQ i 1 IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO RANDY G. BROWN 17525 Springdale Road Marysville, Ohio 43040-9416 Plaintiff-Appellant, v. STEPHEN P. BUEHRER, ADMINISTRATOR BUREAU OF WORKERS’ COMPENSATION 30 West Spring Street Columbus, Ohio 43266-0589 and JM D ARCHITECTURAL PRODUCTS, INC. 8200 Flick Road Tipp City, Ohio 45371-8764 Defendants-Appellees 1] Cv 03 Case No. 4170 NOTICE OF APPEAL Workers’ Compensation Case BWC Claim No. 00-342534 eS SS SH SH SH SS Now comes Randy G. Brown, Plaintiff, and hereby gives notice of his appeal from the decision of the Staff Hearing Officer heard on March 2, 2011 (typed March 2, 2011/mailed March 5, 2011), from which the Industrial Commission refused any further review by order issued on March 22, 2011 and mailed on March 24, 2011 in Claim No. 00-342534, wherein Randy G. Brown is the claimant and J M D Architectural Products, Inc. is the employer. Said appeal is made pursuant to Section 4123.512, Revised Code of Ohio. LARRIMER & LARRIMER 165 North High Street Columbus, Ohio 43215 (614) 221-7548; Fax (614) 221-8659 E-mail: Larrimer@email.com N03) 40 WY3I John H. Larrimer (0068339) = Attorneys for Plaintiff-Appellant— uvFranklin County Ohio Clerk of Courts of the Common Pleas- 2013 Apr 08 1:35 PM-13CV003889 0B080 - E10 . Ohio Industrial Commission RECORD OF PROCEEDINGS Claim Number: 00-342534 Claims Heard: 00-342534 L?-ACC-OSIF-COV PCN: 2103471 Randy G. Brown RANDY G. BROWN 17525 SPRINGDALE RD MARYSVILLE OH 43040-9416 Date of Injury: 3/02/2000 Risk Number: 917008-0 This claim has been previously allowed for: SPRAIN LUMBOSACRAL; SPRAIN THORACIC REGION; SPRAIN LUMBAR REGION; PROTRUDING DISC T12-L1; PROTRUDING DISC 11-12; SPINAL STENOSIS THORACIC. This matter was heard on 01/18/2011 before District Hearing Officer Deborah J. Charney pursuant to the provisions of R.C. Sections 4121.34 and 4123.511 on the following: €-86 Motion filed by Injured Worker on 09/10/2010 Issue: 1) Additional Allowance - DISC PROTRUSION AT L3-4 WITH BIOFORAMINAL STENOSIS 2) Temporary Total Disability C-84 Request For Temporary Total Compensation filed by Injured Worker on 09/10/2010 Issue: 1) Temporary Total Disability Notices were mailed to the Injured Worker, the Employer, their respective representatives and the Administrator of the Bureau of Workers’ Compensation not less than fourteen (14) days prior to this date and the following were present for the hearing: APPEARANCE FOR THE INJURED WORKER: Mr. Goodburn, Mr. Brown APPEARANCE FOR THE EMPLOYER: No Appearance APPEARANCE FOR THE ADMINISTRATOR: Mr. Sommer It is the order of the District Hearing Officer that the C-86 Motion filea by Injured Worker on 09/10/2010 is denied and the Injured Worker's C-84, filed 09/10/2010 is denied. ‘The Injured Worker's request for the additional allowance of the condition, »prsc PROTRUSION AT 13-4 WITH FORAMINAL STENOSIS, BY WAY OF FLOW-THROUGH" is DENIED. Further, the Injured Worker's request for the payment of temporary total compensation from 01/06/2010 and to continue, is also denied. The District Hearing Officer finds that the evidence in file and presented at this hearing does not support these requests, at this time. In denying these requests, the District Hearing Officer relies upon the reports in file from Dr. Schlonsky, dated 10/24/2010 and 11/29/2010. respectively. Evidence was reviewed and considered. An IC-12 Appeal from this order may be filed within fourteen (14) days of the receipt of the order. The IC-12 may be filed online at www.ohioic.com or the IC- 12 may be sent to the Industrial Commission of Ohio, Claims Management Section, 30 W. Spring St., 10th Floor, Columbus, OH 43215-2233. DHOSFCT2 Page 1 emp/ajcFranklin County Ohio Clerk of Courts of the Common Pleas- 2013 Apr 08 1:35 PM-13CV003889 E11 i : Ohio Industrial Commission RECORD OF PROCEEDINGS Claim Number: 00-342534 Typed By: smp Date Typed: 01/19/2011 Deborah J. Charney District Hearing Officer Notice of Contested Claim: 12/06/2010 Findings Mailed: 01/21/2011 Electronically signed by Deborah J. Chamey The parties and representatives listed below have been sent this record of proceedings. If you are not an authorized representative of one of the parties, please notify the Industrial Commission. 00-342534 Randy G. Brown 17525 Springdale Rd Marysville OH 43040-9416 Risk No: 917008-0 gd MD Architectural Products Inc 8200 Flick Rd Tipp City OH 45371-8764 ID No: 20060-91 ***Larrimer & Larrimert** 165 N High st Columbus OH 43215-2486 ID No: 120-80 ‘***Frank Gates Service Cot PO Box 182364 Columbus OH 43218-2364 ID No: 21264-91 Coolidge, Wall, Womsley & Assoc 33 W ist St Ste 600 Dayton OH 45402-1289 BWC, LAW DIRECTOR NOTE: INJURED WORKERS, EMPLOYERS, AND THEIR AUTHORIZED REPRESENTATIVES MAY REVIEW THEIR ACTIVE CLAIMS INFORMATION THROUGH THE INDUSTRIAL COMMISSION WEB SITE AT www.ohioic.com. ONCE ON THE HOME PAGE OF THE WEB SITE, PLEASE CLICK I.C.O.N. AND FOLLOW THE INSTRUCTIONS FOR OBTAINING A PASSWORD. ONCE YOU HAVE OBTAINED A PASSWORD, YOU SHOULD BE ABLE TO ACCESS YOUR ACTIVE CLAIM(S) . DHOSFCT2 Page 2 smp/djc ‘An Equal Opportunity guployer and Service ProviaerFranklin County Ohio Clerk of Courts of the Common Pleas- 2013 Apr 08 1:35 PM-13CV003889 0B080 - E12 j ' Ohio Industrial Commission RECORD OF PROCEEDINGS Claim Number: 00-342534 Claims Heard: 00-342534 LT-ACC-OSIF-COV PCN: 2103471 Randy G. Brown RANDY G. BROWN 17525 SPRINGDALE RD MARYSVILLE OH 43040-9416 Date of Injury: 3/02/2000 Risk Number: 917008-0 This claim has been previously allowed for: SPRAIN LUMBOSACRAL; SPRAIN THORACIC REGION; SPRAIN LUMBAR REGION; PROTRUDING DISC T12-L1; PROTRUDING DISC L1-12; SPINAL STENOSIS THORACIC. DISALLOWED: DISC PROTRUSION AT L3-4 WITH FORAMINAL STENOSIS, BY WAY OF FLOW THROUGH. This matter was heard on 03/02/2011 before Staff Hearing Officer C. Matthews pursuant to the provisions of R.C, Sections 4121.35(B) and 4123.511(D) on the following: APPEAL of DHO order from the hearing dated 01/18/2011; filed by Injured Worker on 01/21/2011. Issue: 1) Additional Allowance - DISC PROTRUSION AT L3-4 WITH BIFORAMINAL STENOSIS 2) Temporary Total Disability 3) Temporary Total Disability Notices were mailed to the Injured Worker, the Employer, their respective vepresentatives and the Administrator of the Bureau of Workers’ Compensation not less than fourteen (14) days prior to this date, and the following were present for the hearing: APPEARANCE FOR THE INJURED WORKER: Mr. Larrimer and Mr. Brown APPEARANCE FOR THE EMPLOYER: No Appearance APPEARANCE FOR THE ADMINISTRATOR: Mr. Sommer The order of the District Hearing Officer, from the hearing dated 01/18/2011, is affirmed. The Injured Worker's C-86 motion, filed 09/10/2010, requesting an additional allowance for DISC PROTRUSION AT L3-4 WITH BIFORAMINAL STENOSIS, is DENIED. The Injured Worker requested the additional allowance via flow-through mechanism. The Hearing Officer fails to find that the DISC PROTRUSION AT L3-4 WITH BIFORAMINAL STENOSIS flows out of the industrial injury. The Hearing Officer relies on Dr. Schlonsky's 10/24/2010 report in which Dr. Schlonsky indicates the abnormal disc at L3-4 was not present on the 2001 MRI. He further opines that there is no relationship between this condition and the industrial injury. The Hearing Officer also relies upon Dr. Schlonsky's 11/29/2010 report. Dr. Schlonsky opines that there is no evidence that the Injured worker suffers from symptoms from his L3-4 biforaminal stenosis. In addition, Dr. Schlonsky indicates that this condition should not be additionally allowed via flow-through, The Injured Worker's C-84, filed 09/10/2010, requesting payment of temporary total compensation from 01/06/2010 through 06/07/2010 closed period as the Injured Worker returned to work on 06/08/2010 per the Injured Worker's attorney, is denied. The Hearing Officer fails to find that the Injured Worker was rendered temporarily and totally disabled due to the allowed conditions of this claim for this time period. the Hearing officer relies upon Dr. Schlonsky's 10/24/2010 and 11/29/2010 reports. SHOL Page 1 mmn/cmpagantdin County Ohio Clerk of Courts of the Common Pleas- 2013 Apr 08 1:35 PM-13CV003889 Ohio Industrial Commission RECORD OF PROCEEDINGS Claim Number: 00-342534 An IC-12 Appeal from this order may be filed within fourteen (14) days of the receipt of the order. The IC-12 may be filed online at www.ohioic.com or the Ic-12 may be sent to the Industrial Commission of Ohio, Claims Management. Section, 30 W. Spring St., 10th Floor, Columbus, OH 43215-2233. Typed By: mmn Date Typed: 03/02/2011 Cc. Matthews Staff Hearing Officer Findings Mailed: 03/05/2011 Electronically signed by C. Matthews: The parties and representatives listed below have been sent this record of proceedings. If you are not an authorized representative of one of the parties, please notify the Industrial Commission. ID No: 20060-91 ‘eLarrimer & Larrimer*** 00-342534 Randy G. Brown 17525 Springdale Rd Marysville OH 43040-9416 Risk No: 917008-0 J MD Architectural Products Inc 165 N High st Columbus OH 43215-2486 ID No: 120-80 ***Frank Gates Service Cot** PO Box 182364 Columbus OH 43218-2364 8200 Flick Rd vipp City OH 45371-8764 TD No: 21264-9121 Coolidge, Wall, Womsley & Assoc 33 W Ist St ste 600 Dayton OH 45402-1289 BWC, LAW DIRECTOR NOTE: INJURED WORKERS, EMPLOYERS, AND THEIR AUTHORIZED REPRESENTATIVES MAY REVIEW THEIR ACTIVE CLAIMS INFORMATION THROUGH THE INDUSTRIAL COMMISSION WEB SITE AT www.ohioic.com. ONCE ON THE HOME PAGE OF THE WEB SITE, PLEASE CLICK I.C.O.N. AND FOLLOW THE INSTRUCTIONS FOR OBTAINING A PASSWORD. ONCE YOU HAVE OBTAINED A PASSWORD, YOU SHOULD BE ABLE TO ACCESS YOUR ACTIVE CLAIM(S) . SHOL Page 2 mn /om ‘An Bqual Opportunity employer and Service Provider