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Jimmison v. G.C.R.T.A.

Court of Appeals of Ohio, Eighth District

July 18, 2013

TYRONE M. JIMMISON PLAINTIFF-APPELLANT
v.
G.C.R.T.A., ET AL. DEFENDANTS-APPELLEES

Administrative Appeal from the Cuyahoga County Court of Common Pleas Case No. CV-783618

ATTORNEY FOR APPELLANT David G. Schmidt.

ATTORNEYS FOR APPELLEES: For G.C.R.T.A. Dawn M. Tarka Associate Counsel G.C.R.T.A., For Bureau of Worker's Compensation Mike DeWine Ohio Attorney General, Jeffrey B. Duber Assistant Attorney General State

BEFORE: Jones, J., Boyle, P.J., and Celebrezze, J.

JOURNAL ENTRY AND OPINION

LARRY A. JONES, SR., J.

{¶1} This cause came to be heard upon the accelerated calendar pursuant to App.R. 11.1 and Loc.R. 11.1, the trial court records and briefs of counsel.

{¶2} Plaintiff-appellant, Tyrone Jimmison, appeals from the trial court's decision granting the motion for summary judgment of defendant-appellee, the Greater Cleveland Regional Transit Authority ("RTA"). We affirm.

I. Procedural History

{¶3} Jimmison filed an application for workers' compensation benefits following injuries he alleged he sustained in September 2010 while working as a mechanic for RTA. His alleged injuries were (1) cervical radiculopathy; (2) rotator cuff sprain/strain; (3) inguinal hernia; (4) periumbilical hernia; and (5) muscle strain.

{¶ 4} The matter was heard before a district hearing officer, who denied the claim. Jimmison appealed, and the matter was heard before a staff hearing officer, who affirmed the district hearing officer. Jimmison appealed to the Industrial Commission, but it refused the appeal. Jimmison then appealed to the common pleas court.

{¶ 5} RTA filed a motion for summary judgment. In the motion, RTA contended that Jimmison could not prove that the work incident proximately caused his alleged injuries because he did not have "expert medical testimony to establish the requisite causal relationship." More specifically, RTA contended that Jimmison "failed to produce an expert report by the Court's * * * deadline, and the office records of his three treating physicians do not suffice as a substitute." Jimmison did not oppose RTA's motion.

{¶ 6} The trial court granted RTA's motion, stating the following:

[h]aving considered the evidence presented and having construed the evidence most strongly in favor of the non-moving party, [the court] determines that reasonable minds can come to but one conclusion, that there are no genuine issues of material fact, and that defendant is entitled to judgment as a matter of law.

{ΒΆ 7} Jimmison's sole assignment of error reads: "The trial court erred in granting summary judgment against ...


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