MITCHELL, Appellant and Cross-Appellee,
v.
INTERNATIONAL FLAVORS & FRAGRANCES, INC. et al., Appellees;
Givaudan Flavors Corporation, Appellee and Cross-Appellant.
Court of Appeals of Ohio, First District, Hamilton County.https://leagle.com/images/logo.png
Decided July 25, 2008.
Decided July 25, 2008.
Attorney(s) appearing for the Case
Parry, Deering, Futscher & Sparks, P.S.C., and David A. Futscher; Lieff, Cabreser, Heimann & Bernstein, Kathyrn E. Barnett, and Elizabeth A. Alexander; and Humphrey, Farrington & McClain, P.C., and Kenneth B. McClain, for appellant and cross-appellee.
Dinsmore & Shohl, L.L.P., Frank C. Woodside III, J. David Brittingham, Douglas J. Feichtner, and James Adam Browning, for appellee International Flavors & Fragrances, Inc.
Vorys, Sater, Seymour & Pease L.L.P., Richard D. Schuster, and Rosemary D. Welsh, for appellee Degussa Flavors & Fruit Systems US, L.L.C.
Porter, Wright, Morris & Arthur and Joyce D. Edelman; and Mayer Brown L.L.P., Mark R. Ter Molen, and Paul M. Drucker, for appellee Mastertaste, Inc.
Thompson Hine L.L.P. and Kimberly E. Ramundo; and Morgan, Lewis & Bockius and Deanne L. Miller, for appellee and cross-appellant.
Freund, Freeze & Arnold, Neil F. Freund and Lindsay M. Johnson, for amici curiae Casper & Casper, Sanford Casper, and Megan Richards.
Court of Appeals of Ohio, First District, Hamilton County.
DINKELACKER, Judge.
{¶ 1} When the Industrial Commission of Ohio determines that a worker was not injured during the course and scope of her employment and that decision is not appealed to the court of common pleas, the determination is binding in subsequent litigation in which she must establish the same workplace injury. In this case, because the Industrial Commission determined that the lung problems of plaintiff-appellant/cross-appellee Beverly...
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