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Jan E. Hardy v. Procter & Gamble Co

October 21, 2011

JAN E. HARDY,
PLAINTIFF-APPELLANT,
v.
PROCTER & GAMBLE CO., DEFENDANT-APPELLEE, AND ADMINISTRATOR, OHIO BUREAU OF WORKERS' COMPENSATION, DEFENDANT.



Civil Appeal From: Hamilton County Court of Common Pleas TRIAL NO. A-0903820

The opinion of the court was delivered by: J. Howard Sundermann, Presiding Judge.

Cite as Hardy v. Procter & Gamble Co.,

OPINION.

Judgment Appealed From Is: Affirmed

Please note: This case has been removed from the accelerated calendar.

OHIO FIRST DISTRICT COURT OF APPEALS

{¶1} Plaintiff-appellant Jan E. Hardy appeals from the trial court's entry denying her motion for summary judgment and granting summary judgment in favor of defendant-appellee Procter & Gamble Company ("P&G") on her complaint to participate in the workers' compensation fund.

{¶2} Hardy raises a single assignment of error in which she argues that the trial court erred in denying her motion for summary judgment and granting summary judgment to P&G. But because Hardy is a resident of Colorado, she is receiving workers' compensation benefits in Colorado, and she was only temporarily within Ohio at the time of her injury, R.C. 4123.54(H) precludes Hardy from receiving Ohio workers' compensation benefits. As a result, we overrule Hardy's sole assignment of error and affirm the trial court's decision granting summary judgment to P&G.

I. Hardy's Employment with P&G

{¶3} In November 1999, P&G hired Hardy in Texas. In 2004, she moved to Colorado where she is currently a resident. Since August 2000, Hardy has been employed full time as a medical science liaison at P&G. She works with physicians, training them to conduct continuing medical education on products as well as performing consultation requests regarding off-label uses of P&G products. Hardy has been based in Colorado as a full-time employee since 2004. She was responsible for these job duties in a region, which included Colorado, Utah, Idaho, Montana, and Wyoming. The majority of her work required travel within these states.

{¶4} P&G maintains an international workforce and employs individuals across the nation. P&G asks certain employees, including Hardy, to occasionally visit Ohio for a variety of reasons. Medical science liaisons generally attend one national meeting per year in Cincinnati. Other than this national meeting, P&G generally does not have work in Ohio for its medical science liaisons on a regular basis.

II. Hardy's Injury and Workers' Compensation Claim

{¶5} On her most recent visit, Hardy arrived in Ohio on April 18, 2006, to attend a class in Cincinnati. The class was an optional benefit designed to provide financial and/or retirement guidance for P&G employees. On April 19, 2006, while Hardy was in P&G's general offices in downtown Cincinnati, she lost her balance walking down stairs on the way to the class, thereby incurring injuries. Following this incident, Hardy filed a workers' compensation claim in Ohio. Hardy is currently receiving Colorado workers' compensation benefits from P&G under its self-insured workers' compensation program.

{ΒΆ6} Although Hardy is Colorado based, she has spent a total of 110 days in Ohio over her eight-year career with P&G. Over one-third of her total time spent in Ohio occurred between November 1999 and August 2000. During this time, she was employed as a hospital specialist in sales, her previous position. She then visited Ohio for a total of 71 days between August 2000 and April 2006 after starting her new position as medical science liaison in professional and scientific relations. Soon after starting this position, she visited Ohio for 11 days for orientation and new-hire training. She then visited Ohio for nine additional days in 2000. Hardy's visits to Ohio decreased after the position change and the initial orientation training. Between 2001 and 2005, Hardy averaged fewer than nine days a year in Ohio. Her visits to Ohio ranged from four to 17 days. Prior to her visit in April, Hardy had visited Ohio for business only five additional days in 2006. In ...


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