HIRSCHLE v. MABE

Appellate Nos. 22954, 22975

2009 Ohio 1949

Tamara S. Hirschle, Plaintiff-Appellee, v. William E. Mabe, Administrator, Bureau of Workers' Compensation, et al., Defendant-Appellants.

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on April 27, 2009.


Attorney(s) appearing for the Case

Gary D. Plunkett, Atty. Reg. #0046805, and Brett R. Bissonnette, Atty. Reg. #0076527, Hochman & Plunkett, Co., L.P.A., 3077 Kettering Boulevard, Suite 210, Dayton, Ohio 45430, Attorney for Plaintiff-Appellee, Tamara S. Hirschle.

Mathias H. Heck, Jr., by Robert L. Guehl, Atty. Reg. #0005491, Montgomery County Prosecutor's Office, Appellate Division, Montgomery County Courts Building, P.O. Box 972, 301 West Third Street, Dayton, Ohio 45422, Attorney for Defendant-Appellant, Montgomery County Stillwater Health Center.

Nancy H. Rogers, Attorney General of Ohio, by Stephen D. Plymale, Atty. Reg. #0033013, 150 East Gay Street, 22nd Floor, Columbus, Ohio 43215, Attorney for Defendant-Appellant, Bureau of Workers' Compensation.


OPINION

BROGAN, J.

{¶ 1} The central issue in this appeal concerns the Workers' Compensation Act's coverage formula. Is an injury suffered on an employer's premises "received in the course of, and arising out of" employment when the employee is voluntarily on the premises solely to pick up a paycheck, an activity that the employer's pay policy expressly permits but does not require? The trial court said it is, and it granted Tamara Hirschle...

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