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84 Ohio App. 3d 402

616 N.E.2d 1171

Randall v. Mihm

Ohio Court of Appeals

Decided December 21, 1992

Ohio Court of Appeals · decided 1992-12-21

Good law ✅— No negative treatment on recordhow we know

Decided 1992-12-21

How this case has been cited

Cited by 29 later decisions — most recently March 2024 · most notably 151 Ohio App. 3d 763 - McDermott v. Tweel (2003), Williams v. Parker Hannifin Corp. (2010)

27 state decisions

1401992200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Fain, Presiding Judge,

¶1 concurring in the judgment.

¶2 Not every causal chain is direct and proximate. In this case, if the only causal chain linking the decedent’s death with his work-related back injury were the fact that a gastric plication, necessary in order for the decedent to lose the necessary weight to be able to undergo a diagnostic CAT scan, caused the decedent’s death, I would find as a matter of law that this was not sufficiently direct to permit recovery under the workers’ compensation statute. However, I am satisfied with the shorter and more direct chain represented by the decedent’s weight loss having been prescribed as being likely to alleviate his work-related back injury. In my view, this was a sufficiently direct and natural chain of causation to get to the jury. Accordingly, I concur in the judgment affirming the judgment of the trial court.

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