WARD v. KROGER CO.

No. 2004-1301.

106 Ohio St.3d 35 (2005)

2005-Ohio-3560

WARD, APPELLANT, v. KROGER COMPANY ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 27, 2005.


Attorney(s) appearing for the Case

George M. Sarap; Ward, Kaps, Bainbridge, Maurer & Melvin and Thomas H. Bainbridge, for appellant.

Hanlon, Duff, Estadt & McCormick Co., L.P.A., Erik A. Schramm, and Gerald P. Duff, for appellee Kroger Company.

Jim Petro, Attorney General, Douglas R. Cole, State Solicitor, Todd R. Marti, Assistant Solicitor, and Dennis H. Behm, Assistant Attorney General, for appellee Ohio Bureau of Workers' Compensation.


ALICE ROBIE RESNICK, J.

{¶ 1} On April 26, 2001, claimant-appellant, Howard Ward, injured his right knee in the course of and arising from his employment with appellee Kroger Company, a self-insured employer. Kroger certified the claim for "right knee sprain" but refused to certify the conditions of medial meniscus tear and chondromalacia of the right knee. On November 28, 2001, a district hearing officer allowed the knee sprain but...

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