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Wingfield v. Cleveland Clinic Foundation12/11/1997
Deborah Wingfield, plaintiff-appellant, appeals a jury verdict that denied her workers' compensation for a sprained and strained back and a herniated disk at the L-5. Cleveland Clinic Foundation ( CCF ), defendant-appellee, her employer, cross-appeals the decision of the jury granting her workers' compensation for a dislocated shoulder injury and the trial court's denial of its directed verdict. Wingfield assigns the following errors for our review:
I. THE TRIAL COURT ERRED WHEN IT ENTERED JUDGMENT AGAINST THE APPELLANT AND ORDERED THAT THE APPELLANT DOES NOT HAVE THE RIGHT TO PARTICIPATE IN THE OHIO WORKERS' COMPENSATION FUND FOR A BACK STRAIN AND SPRAIN AND A HERNIATED DISC AT THE L-5 WHEN THE APPELLANT ESTABLISHED BY THE PREPONDERANCE OF THE EVIDENCE THAT SHE SUSTAINED THESE MEDICAL INJURIES AS THE DIRECT AND PROXIMATE CAUSE OF A COMPENSABLE INCIDENT AT THE PLACE OF HER EMPLOYER, THE CLEVELAND CLINIC FOUNDATION.
CCF assigns the following three errors on cross-appeal:
I. A DIRECTED VERDICT IN FAVOR OF AN EMPLOYER IN A WORKERS' COMPENSATION TRIAL IS APPROPRIATE WHEN NO MEDICAL EVIDENCE IS OFFERED TO ESTABLISH THE EXISTENCE OF A MEDICAL INJURY .
II. THE COURT ERRED BY IMPROPERLY INSTRUCTING THE JURY ON A SHOULDER DISLOCATION CONDITION, WHERE NO EVIDENCE WAS INTRODUCED SUPPORTING SUCH AN INSTRUCTION.
III. THE JURY VERDICT ALLOWING A RIGHT TO PARTICIPATE IN THE WORKERS' COMPENSATION FUND FOR A LEFT SHOULDER DISLOCATION IS AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE.
Having reviewed the record and the legal arguments of the parties, we affirm the decision of the trial court. The apposite facts follow.
On October 11, 1990, Wingfield claimed she fell and sustained a dislocated shoulder, a sprain and strain to her back, and a herniated disk at L5-S1. The fall occurred at CCF's Melon Center, her place of employment. CCF recognized her workers' compensation claim for a minor trauma to her left shoulder but denied the other claims. The Industrial Commission agreed with CCF and Wingfield filed her appeal to the court of common pleas.
At the trial, Wingfield testified that she slipped and fell backwards while exiting an elevator. She hit her left shoulder on the elevator and her back on the floor. She testified she heard a loud pop when she hit her shoulder. She stated it felt as if the shoulder came out of its socket. The pain, she described, was so severe that she was unable to move.
Within hours of the fall, she was treated by CCF's Primary Care Department Physician, Dr. Kenneth Vaughn. Dr. Vaughn testified that she complained of pain in her left shoulder. Upon examination, he found she had some discomfort with her left arm behind her back. He was unable to recall any additional information concerning the shoulder injury . Apparently, some of the words from his notes were omitted. However, he was able to conclude that she had minor trauma to the left shoulder. He prescribed a sling to immobilize the area to allow it to heal faster. He concluded that this patient had a shoulder injury that seemed aggravated by certain movements.
Dr. Vaughn also stated Wingfield did not complain about her back. He opined that if she had an injury he would expect there to be symptoms of that injury. He said if a disk is herniated it would show simultaneous pain. He also stated that pain in the shoulder area or the neck area is not indicative of a back injury. Six weeks after this examination, Wingfield was seen by another CCF Primary Care doctor, Dr. Ann J. Hritz.
In her deposition, Dr. Hritz testified that Wingfield complained of upper back pain and shoulder pain on her first visit. Dr
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