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Torres v. General Motors Corp.11/21/1991
Appellant, General Motors Corporation, appeals from the decision of the trial court granting the application of appellee, Johnny Torres, for participation in the Workers' Compensation Fund. For the reasons set forth below, we affirm.
I.
Appellee commenced this action by filing an Application for Payment of Compensation and Medical Benefits with the Industrial Commission of Ohio for a back injury he suffered at work. The Industrial Commission initially granted appellee the right to participate in the Workers' Compensation benefits program. The claim was disallowed, however, by the Industrial Commission's Staff Hearing Officers under the authority of R.C. 4121.35(B)(6). Appellee then appealed that decision to the Cuyahoga County Court of Common Pleas. The matter proceeded to jury trial on December 13, 1989.
In support of his claim, appellee testified that on September 5, 1985 he felt soreness and stiffness in his lower back and legs, after completing a task at work which required heavy lifting. Appellee did not report this to the nurse on duty and was able to sleep that night with the aid of muscle relaxant drugs. Further, appellee testified that on September 6, 1985, this soreness and stiffness continued, and that while at work on the 6th his back "popped" causing him severe pain. Appellee reported to the nurse at work and was sent home. On September 23, 1985, after appellee had undergone a battery of diagnostic tests, a lumbar laminectomy was performed by Dr. Pradist Satayathum. Finally, appellee testified that in 1983, two years prior to this incident, he injured his back while at home and was treated by Dr. Satayathum. Appellee testified that the 1983 injury was treated with an injection into his spine, and that he had fully recovered before the 1985 incident.
Dr. Satayathum testified on behalf of appellee. Dr. Satayathum testified that in 1983 he treated appellee for a herniated disk, L4-L5, left. This was treated by injecting Chymopapain to dissolve the herniated portion of the disk. Dr. Satayathum did not see or treat appellee between September 14, 1983, when it was determined that appellee had recovered, and September 13, 1985, when appellee was examined for the work related injury.
Dr. Satayathum testified that on September 13, 1985, appellee came to his office with complaints of back and leg pain. Dr. Satayathum diagnosed appellee's injury as a recurrent herniation, L4-L5, right. Dr. Satayathum explained "recurrent" as a herniation "at the same level, L-4, L-5, as the 1983 herniation." This herniation was, however, to the right side of the disk. Dr. Satayathum testified that in his opinion this was not an aggravation of the 1983 injury.
Finally, Dr. Satayathum testified that the events of September 5, 1985 were the direct and proximate cause of appellee's injury.
Appellee's wife, Patricia Torres, testified on his behalf as well. Mrs. Torres testified that on the night of September 5, 1985, appellee returned home from work very irritable, complaining of back pain and stiffness. Mrs. Torres observed an "L" shaped swelling on her husband's back. Finally, Mrs. Torres testified that her husband slept on the living room floor that evening, and that she gave him a muscle relaxant drug to ease his pain.
Finally, Robert Harvey, a co-worker of appellee at General Motors, testified on appellee's behalf. Harvey testified that on the night of September 5, 1985, he and appellee were required to do some heavy lifting at work. Harvey did not notice if appellee was injured at that time.
In defense of this action General Motors submitted the testimony of Dr. Gary Katz. Dr. Katz testified that he
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