Szymanski v. Halle's Department Store
Ohio Supreme Court
1DissentSweeney, J.
From the majority’s redefining of the term “injury,” I must vigorously dissent.
Today, this court again conducts its periodic exercise in contorting the language of R. C. 4123.01(C). That statute simply and concisely states that “ ‘[i]njury’ includes any injury, whether caused by external accidental means or accidental in character and result, received in the course of, and arising out of, the injured employee’s employment.” It is inconceivable to this writer how the majority can derive from this definition a requirement that the injury must arise from physical contact or physical trauma.
The…
2Cases cited3 opinions
- Insurance Dept. of Miss. v. DinsmoreMississippi Supreme Court · 1958
- Bowman v. National Graphics Corp.Ohio Supreme Court · 1978
- Claim of Santacroce v. 40 W. 20th Street, Inc.New York Court of Appeals · 1961