Answer: GREGORY N THACKER Vs WARNER EXPRESS LLC VS.WARNER EXPRESS LLC ET AL

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                                Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 26 11:51 AM-23CV003766
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                                               IN THE COURT OF COMMON PLEAS
                                                    FRANKLIN COUNTY, OHIO

            GREGORY N. THACKER,                                          CASE NO. 23CV003766

                                 Plaintiff,                             JUDGE AVENI

                      Vv                                                JURY DEMAND ENDORSED HEREON

            WARNER EXPRESS, LLC, et al.,
                                 Defendants.

                                     ANSWER OF DEFENDANT, ADMINISTRATOR,
                                    OHIO BUREAU OF WORKERS’ COMPENSATION

                      Now comes the Defendant, Administrator, Ohio Bureau of Workers’ Compensation,

            and hereby answers the Plaintiff's Complaint as follows:

                      1          Defendant admits the allegations as set forth in paragraphs 1, 2, 3, 5, 6, 7, 9,

             11 and 13 of the Complaint.

                      2          In response to paragraph 4 of the Complaint, Defendant denies that Plaintiff

            suffered any injuries in the course of and arising out of Plaintiff's employment, other than the

            allowed        condition.   Defendant    denies   the   remining   allegations   in   paragraph   4   of the

            Complaint.

                      3          Defendant     admits the orders of the Industrial     Commission      of Ohio to the

            extent that they are accurately reflected in paragraphs 8, 10 and 12 of the Complaint.

            Defendant admits the remaining allegations in paragraphs 8, 10 and 12 of the Complaint.

                      4          Defendant denies each and every allegation of the Complaint that has not been

            specifically admitted to be true.

                                                              DEFENSES

                      5          The Complaint fails to state a claim upon which relief can be granted
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 26 11:51 AM-23CV003766
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                             The claim is barred by an applicable statute of limitations.

                             This Court lacks subject matter jurisdiction over this cause of action

                      8      Venue is improper because the injury did not occur in Franklin County.

                      9      Plaintiff did not suffer the alleged injuries in the course of and arising out of

            employment with Defendant/Employer.

                      10.    Intervening and/or superseding events caused the requested conditions.

                      11.    Any requested condition in the Complaint is not compensable under R.C

            4123.01(C).
                      12.    Plaintiff is not entitled to workers’ compensation benefits pursuant to R. C

            4123.54(B).
                      13.    Defendant reserves the right to assert affirmative defenses to the extent such

            defenses are discovered during the course of this litigation.

                                                    JURY DEMAND

                      Defendant demands trial by jury


                                                            s/ Michael A. Wehrkamp
                                                            Michael A. Wehrkamp (0084942)
                                                            Assistant Attorney General
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 26 11:51 AM-23CV003766
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                   WHEREFORE, the above-named Defendant prays that Plaintiff be found not entitled

            to participate under the workers’ compensation laws of Ohio

                                                        Respectfully submitted,

                                                        DAVE YOST (0056290)
                                                        Ohio Attorney General



                                                        /s/ Michael A. Wehrkamp
                                                        Michael A. Wehrkamp (0084942)
                                                        Assistant Attorney General
                                                        Workers’ Compensation Section
                                                        30 E. Broad Street, 15" Floor
                                                        Columbus, Ohio 43215
                                                        (614) 466-5785 — Tel
                                                        (877) 506-0244 — Fax
                                                        Michael. Wehrkamp@OhioAGO.gov

                                                        Counsel for Defendant, Administrator,
                                                        Ohio Bureau of Workers’ Compensation
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 26 11:51 AM-23CV003766
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                                            CERTIFICATE OF SERVICE

                      I hereby certify that a copy of the foregoing Answer was served on this 26" day of

            June, 2023, to:

            Via Court Electronically

            Kara S. Dolan-West
            Counsel for Plaintiff

            Via U.S. Mail

            Warner Express, LLC
            11354 E. Pike Rd
            Cambridge, OH 43725
            Defendant/Employer



                                                           s/Michael A. Wehrkamp
                                                           Michael A. Wehrkamp (0084942)
                                                           Assistant Attorney General