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Parenti v. Goodyear Tire & Rubber Co.6/13/1990
REECE, Judge.
On January 13, 1977, plaintiff-appellant, Rolland Parenti, Jr., received an injury to his lower back while he was employed by defendant-appellee, Goodyear Tire and Rubber Company ("Goodyear"). Parenti filed a claim under Ohio workers' compensation laws.
Parenti required surgery on his back and returned to work in early 1980. On May 3, 1986, his back injury was aggravated and Parenti began receiving temporary total disability compensation.
In January 1987, Parenti delivered a C-84 supplemental report from Dr. Thomas Bear, his treating physician, stating he could return to work as of March 1, 1987. Parenti requested a change of his treating physician to Dr. Nicholas Rimedio, which was approved by Goodyear. On February 16, 1987, Dr. Rimedio submitted a C-84 report estimating Parenti's return to work on approximately June 1, 1987.
Goodyear terminated Parenti's benefits as of March 1, 1987. On March 19, 1987, Parenti filed a motion with the Bureau of Workers' Compensation requesting payment of compensation from March 1, 1987. In June 1987, the district hearing officer ordered payment of the temporary total compensation. Goodyear appealed this decision to the Canton Regional Board which on September 16, 1987, affirmed the district hearing officer's decision.
On February 23, 1988, Parenti filed a cause of action against Goodyear seeking damages due to Goodyear's termination of the temporary total compensation benefits. Goodyear filed a motion for summary judgment. Parenti filed a motion for summary judgment based only upon the issue of liability. The trial court granted Goodyear's motion for summary judgment and denied Parenti's motion for partial summary judgment. Parenti appeals.
"I. The trial court erred in granting summary judgment in favor of the defendant.
"II. The trial court erred in overruling the plaintiff's motion for summary judgment which was based on the issue of liability only."
Because these assignments of error are interrelated, they will be discussed together. Parenti claims that the trial court erred, as a matter of law, when it granted summary judgment in favor of Goodyear and failed to grant partial summary judgment in his favor on the issue of liability.
Summary judgment shall not be rendered unless there is no genuine issue as to any material fact, and reasonable minds can come to but one conclusion, which is adverse to the nonmoving party. Toledo's Great Eastern Shoppers City, Inc. v. Abde's Black Angus Steak House No. III, Inc. (1986), 24 Ohio St.3d 198, 201, 24 OBR 426, 428, 494 N.E.2d 1101, 1103; Civ.R. 56(C). Accordingly, an order granting summary judgment will be upheld where, construing the evidence most strongly in favor of the nonmoving party, the record discloses that no genuine issue of material fact exists, and that the moving party is entitled to judgment as a matter of law. Temple v. Wean United, Inc. (1977), 50 Ohio St.2d 317, 327, 4 O.O.3d 466, 472, 364 N.E.2d 267, 274. An appellate court must apply the same standard as the trial court in reviewing the granting of summary judgment. Id.
Goodyear is a self-insured employer under the applicable workers' compensation statutes. An employee of a self-insured employer may maintain a cause of action against the employer for the intentional and wrongful termination of workers' compensation payments. Balyint v. Arkansas Best Freight System, Inc. (1985), 18 Ohio St.3d 126, 18 OBR 188, 480 N.E.2d 417; syllabus; Urey v. Alside, Inc. (1989), 64 Ohio App.3d 619, 582 N.E.2d 628.
The first cause of action alleged in the complaint is in the nature of a claimed f
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