Johnston v. Case Western Reserve University

Frank D. Celebrezze, Jr., Judge,

dissenting.

I respectfully dissent from the decision of the majority because I disagree with the conclusion that appellant is not entitled to workers’ compensation benefits.

Whether appellant is entitled to participate in the Workers’ Compensation Fund is solely dependent on whether Martha Johnston was within the “zone of employment” when she was injured. In Fogaras v. Univ. Hosp. of Cleveland (1998), 129 Ohio App.3d 653, 718 N.E.2d 974, Virginia Fogaras, an employee of University Hospitals, was injured while using the pedestrian walkway adjacent to the Cornell…