[Cite as Caldwell v. Whirlpool Corp., 2023-Ohio-1530.]
IN THE COURT OF APPEALS OF OHIO
THIRD APPELLATE DISTRICT
MARION COUNTY
BRIAN P. CALDWELL,
CASE NO. 9-22-61
PLAINTIFF-APPELLANT,
v.
WHIRLPOOL CORP., ET AL., OPINION
DEFENDANTS-APPELLEES.
Appeal from Marion County Common Pleas Court
Trial Court No. 22 CV 127
Judgment Affirmed
Date of Decision: May 8, 2023
APPEARANCES:
Michael P. Dusseau for Appellant
Mark S. Barnes for Appellee
Case No. 9-22-61
WILLAMOWSKI, J.
{¶1} Plaintiff-appellant Brian P. Caldwell (“Caldwell”) appeals the
judgment of the Marion County Court of Common Pleas, arguing that the trial court
erred in granting summary judgment. For the reasons set forth below, the judgment
of the trial court is affirmed.
Facts and Procedural History
{¶2} Caldwell was an employee of the Whirlpool Corporation (“Whirlpool”)
who suffered a compensable injury on March 23, 2015. Doc. 1. Caldwell filed a
claim with the Ohio Bureau of Workers’ Compensation that was subsequently
allowed. On May 2, 2016, the last medical bill was paid under this claim. On
January 11, 2017, a permanent partial disability payment was made to Caldwell and
was the last payment that was made under this claim.
{¶3} On December 5, 2019, Caldwell sought an allowance of additional
conditions in his case. After a hearing on this matter, the district hearing officer
denied this request. This decision was appealed and subsequently affirmed by a
staff hearing officer. The Industrial Commission then declined to hear Caldwell’s
appeal. On June 19, 2020, Caldwell filed an appeal with the Marion County Court
of Common Pleas. However, he voluntarily dismissed this matter on April 30, 2021.
{¶4} On April 20, 2022, Caldwell refiled his appeal with the Marion County
Court of Common Pleas. On May 27, 2022, Whirlpool filed a motion for summary
judgment, pointing to the fact that more than five years had elapsed since Caldwell
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had received his last payment for this claim on January 11, 2017. Whirlpool argued
that Caldwell’s claims had, therefore, expired by January 11, 2022 because the five-
year period allotted by R.C. 4123.52 had ended. On October 3, 2022, the trial court
granted summary judgment in favor of Whirlpool.
{¶5} Caldwell filed his notice of appeal on November 2, 2022. On appeal,
he raises the following two assignments of error:
First Assignment of Error
This Court should vacate the Trial Court’s entry granting
summary judgment and remand the case to the Trial Court for
further proceedings. The Trial Court failed to correctly apply the
savings statute when it concluded that the statute of limitations
had passed since no benefits or compensation had been paid for
five years despite the voluntary dismissal of the prior complaint.
Second Assignment of Error
The Trial Court’s reliance on Chatfield v. Whirlpool Corp., 2021-
Ohio-4365 was misplaced and the holding in Chatfield should be
reexamined as the application of this decision creates due process
and other procedural issues and is a change in practice from prior
case law.
In our analysis, we will consider Caldwell’s second assignment of error before his
first assignment of error.
Second Assignment of Error
{¶6} Caldwell contends that this Court should reconsider its prior decision in
Chatfield v. Whirlpool Corp, 3d Dist. Marion No. 9-21-20, 2021-Ohio-4365, ¶ 15.
As the appellant has not offered any compelling reasons for us to reexamine our
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prior decision, we decline to revisit this precedent at this juncture. Accordingly,
Caldwell’s second assignment of error is overruled.
First Assignment of Error
{¶7} Caldwell argues that the trial court erred by granting Whirlpool’s
motion for summary judgment.
Legal Standard
{¶8} “Appellate courts consider a summary judgment order under a de novo
standard of review.” Bates Recycling, Inc. v. Conaway, 2018-Ohio-5056, 126
N.E.3d 341, ¶ 10 (3d Dist.), quoting James B. Nutter & Co. v. Estate of Neifer, 3d
Dist. Hancock No. 5-16-20, 2016-Ohio-7641, ¶ 5. Under Civ.R. 56(C),
[s]ummary judgment shall be rendered forthwith if the pleadings,
depositions, answers to interrogatories, written admissions,
affidavits, transcripts of evidence, and written stipulations of fact,
if any, timely filed in the action, show that there is no genuine issue
of material fact and that the moving party is entitled to judgment
as a matter of law * * *. A summary judgment shall not be
rendered unless it appears from the evidence or stipulation, and
only from the evidence or stipulation, that reasonable minds can
come to but one conclusion and that conclusion is adverse to the
party against whom the motion for summary judgment is made,
that party being entitled to have the evidence or stipulation
construed most strongly in the party’s favor.
Civ.R. 56(C). Thus, summary judgment is to be granted
only when it is clear ‘(1) that there is no genuine issue as to any
material fact; (2) that the moving party is entitled to judgment as
a matter of law; and (3) that reasonable minds can come to but
one conclusion, and that conclusion is adverse to the party against
whom the motion for summary judgment is made, who is entitled
to have the evidence construed most strongly in his favor.’
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Beair v. Management & Training Corp., 3d Dist. Marion No. 9-21-07, 2021-Ohio-
4110, ¶ 15, quoting Harless v. Willis Day Warehousing Co., 54 Ohio St.2d 64, 66,
375 N.E.2d 46, 47 (1978).
{¶9} Initially, “[t]he party moving for summary judgment has the initial
burden ‘to inform the trial court of the basis for the motion, identifying the portions
of the record, including the pleadings and discovery, which demonstrate the absence
of a genuine issue of material fact.’” Middleton v. Holbrook, 3d Dist. Marion No.
9-15-47, 2016-Ohio-3387, ¶ 8, quoting Reinbolt v. Gloor, 146 Ohio App.3d 661,
664, 767 N.E.2d 1197 (3d Dist. 2001). “The burden then shifts to the party opposing
the summary judgment.” Schmidt Machine Company v. Swetland, 3d Dist. Wyandot
No. 16-20-07, 2021-Ohio-1236, ¶ 23, quoting Middleton at ¶ 8. “In order to defeat
summary judgment, the nonmoving party may not rely on mere denials but ‘must
set forth specific facts showing that there is a genuine issue for trial.’” Byrd v. Smith,
110 Ohio St.3d 24, 2006-Ohio-3455, 850 N.E.2d 47, ¶ 10, quoting Civ.R. 56(E).
{¶10} “[B]ecause summary judgment is a procedural device to terminate
litigation, it must be awarded with caution.” Williams v. ALPLA, Inc., 2017-Ohio-
4217, 92 N.E.3d 256 (3d Dist.), quoting Murphy v. Reynoldsburg, 65 Ohio St.3d
356, 358-359, 604 N.E.2d 138 (1992). “The court must thus construe all evidence
and resolve all doubts in favor of the non-moving party * * *.” New Technology
Products Pty Ltd. v. Scotts Miracle-Gro Co., 3d Dist. Union No. 14-21-22, 2022-
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Ohio-3780, ¶ 52, quoting Webster v. Shaw, 2016-Ohio-1484, 63 N.E.3d 677, ¶ 8 (3d
Dist.).
{¶11} Further, “R.C. 4123.52 governs the continuing jurisdiction of the
Industrial Commission of Ohio and essentially places a statute of limitations on
workers’ compensation claims.” Chatfield, supra, at ¶ 10, quoting Perez v. Univ.
Hosp. Health Sys., 8th Dist. Cuyahoga No. 98427, 2012-Ohio-5896, ¶ 12. This
provision reads, in its relevant part, as follows:
The jurisdiction of the industrial commission and the authority of
the administrator of workers’ compensation over each case is
continuing, and the commission may make such modification or
change with respect to former findings or orders with respect
thereto, as, in its opinion is justified. No modification or change
nor any finding or award in respect of any claim shall be made
with respect to disability, compensation, dependency, or benefits,
after five years from the date of injury in the absence of the
payment of medical benefits under this chapter or in the absence
of payment of compensation under section 4123.57, 4123.58, or
division (A) or (B) of section 4123.56 of the Revised Code or wages
in lieu of compensation in a manner so as to satisfy the
requirements of section 4123.84 of the Revised Code, in which
event the modification, change, finding, or award shall be made
within five years from the date of the last payment of
compensation or from the date of death, nor unless written notice
of claim for the specific part or parts of the body injured or
disabled has been given as provided in section 4123.84 or 4123.85
of the Revised Code. The commission shall not make any
modification, change, finding, or award which shall award
compensation for a back period in excess of two years prior to the
date of filing application therefor.
R.C. 4123.52(A). “The Supreme Court of Ohio has recognized R.C. 4123.52
‘permit[s] finality [of the claim] through extinguishment after a set period of
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inactivity.’” Chatfield, supra, at ¶ 14, quoting State ex rel. Romans v. Elder
Beerman Stores, Corp., 100 Ohio St.3d 165, 2003-Ohio-5363, 797 N.E.3d 82, ¶ 8.
Moreover, it is well-settled that it is incumbent upon a workers’
compensation claimant to timely invoke the continuing
jurisdiction granted to the Industrial Commission by R.C.
4123.52 for additional compensation. Sechler [v. Krouse], 56 Ohio
St.2d [185,] at 190[, 383 N.E.2d 572 (1978)]. Further, the Supreme
Court of Ohio has held that ‘the de novo nature of an R.C.
4123.512 appeal proceeding [to the common pleas court] puts at
issue all elements of a claimant’s right to participate in the
workers’ compensation fund.’ Bennett v. Admr., Ohio Bur. of
Workers’ Comp., 134 Ohio St.3d 329, 2012-Ohio-5639, ¶ 2.
Chatfield, supra, at ¶ 14. See also Williams v. Bur. of Workers’ Comp., 12th Dist.
Preble No. CA2013-09-006, 2014-Ohio-1889, ¶ 17.
Legal Analysis
{¶12} In Chatfield v. Whirlpool Corp., the final payment to Chatfield was
made on September 28, 2015. Chatfield, supra, at ¶ 15. On June 19, 2019, Chatfield
filed a motion for allowance of additional conditions that was denied. Id. at ¶ 11.
Chatfield eventually filed an appeal with the court of common pleas on May 18,
2020. Id. at ¶ 4. On February 24, 2021, Whirlpool filed a motion for summary
judgment, arguing “that Chatfield’s claim had expired, as a matter of law, on
September 28, 2020” because the five-year period allotted for such claims in R.C.
4123.52 had passed. Id. at ¶ 5.
{¶13} Chatfield argued that the filing of her motion on June 19, 2019 tolled
the five-year period allotted in R.C. 4123.52. Chatfield, supra, at ¶ 11. This Court
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rejected this argument, concluding that her claim had expired on September 28,
2020 and that the trial court did not err in granting summary judgment on this basis.
Id. at ¶ 15. In the case presently before us, the parties do not dispute that Whirlpool
made no payments to Caldwell after January 11, 2017. Thus, pursuant to our
holding in Chatfield, Caldwell’s claim had expired by operation of law by January
11, 2022. See Cocherl v. Ohio Dept. of Transp., 10th Dist. Franklin No. 06AP-
1100, 2007-Ohio-3225, ¶ 30 (finding a workers’ compensation claim was “dead by
operation of law” after the five-year period allotted by R.C. 4123.52).
{¶14} Against this conclusion, Caldwell argues that his reliance on Ohio’s
savings statute to refile this appeal distinguishes this situation from Chatfield.
Caldwell notes that the savings statute is applicable to workers’ compensation
claims. Lewis v. Connor, 21 Ohio St.3d 1, 487 N.E.2d 285 (1985), at the syllabus.
However, in this case, Caldwell was able to avail himself of the savings statute as
he was permitted to refile this case with the trial court. The savings statute does not
change the fact that this type of claim expires by operation of law after the five-
years allotted under the conditions set forth R.C. 4123.52. Chatfield, supra, at ¶ 15.
{¶15} In Chatfield, the filing of the action with the court of common pleas
did not toll the period set forth in R.C. 4123.52. Similarly, in the case presently
before us, the refiling of an action with the court of common pleas did not toll the
period set forth in R.C. 4123.52. The evidence in the record clearly establishes that
this action has progressed beyond the five-year period that is permitted under R.C.
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4123.52(A). As such, Caldwell’s claims have expired. Chatfield, supra, at ¶ 15.
Thus, having viewed the evidence in a light most favorable to the nonmoving party,
we cannot conclude that the trial court erred by granting summary judgment. For
this reason, Caldwell’s first assignment of error is overruled.
Conclusion
{¶16} Having found no error prejudicial to the appellant in the particulars
assigned and argued, the judgment of the Marion County Court of Common Pleas
is affirmed.
Judgment Affirmed
MILLER, P.J. and WALDICK, J., concur.
/hls
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