On May 02, 2023 a
ANSWERNAME - OF:JOHN LOGUE ADMINISTRATORBWCPLNTIF/DEFNDT IND:DATTORNEY NAME:DENISE A COREAATTORNEY ADDRESS:OHIO ATTORNEY GENERALWORKERS COMP SECTION30 E BROAD ST 15TH FLCOLUMBUS, OH 43215(614) 466-6696
was filed
involving a dispute between
and
for WORKERS COMPENSATION
in the District Court of Franklin County.
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 31 8:29 AM-23CV003109
0G407 - I1
IN THE COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
ROBERT G. HENDERSON, CASE NO. 23 CV 003109
Plaintiff, JUDGE AVENI
VS. JURY DEMAND ENDORSED HEREON
SADDLE CREEK TRANSPORTATION,
INC., et al.,
Defendants.
ANSWER OF DEFENDANT, ADMINISTRATOR,
OHIO BUREAU OF WORKERS’ COMPENSATION
Now comes the Defendant, Administrator, Bureau of Workers’ Compensation, and hereby
swers the Plaintiff’ s Complaint as follows:
1 Defendant denies the allegations contained in paragraph 1 of Plaintiff's Complaint
due to lack of knowledge sufficient to form a belief as to the truth or veracity thereof.
2 Defendant admits the allegations contained in paragraphs 2 & 3 of Plaintiffs
Complaint.
3 Defendant admits the allegations contained in paragraph 4 of Plaintiffs Complaint
only in so far as those allegations accurately reflect the administrative proceedings and the orders
of the Ohio Bureau of Workers’ Compensation and Industrial Commission of Ohio. Defendant
denies all remaining allegations contained in paragraphs 4 of Plaintiff's Complaint.
4 Defendant denies the allegations contained in paragraph 5 of due to lack of
knowledge sufficient to form a belief as to the truth or veracity thereof.
5 Defendant admits the allegations contained in paragraphs 6, 7, 8, 9, 10, 11, 12, 13,
14 & 15 of Plaintiff's Complaint only in so far as those allegations accurately reflect the
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 31 8:29 AM-23CV003109
0G407 - I1
administrative proceedings and the orders of the Ohio Bureau of Workers’ Compensation and
Industrial Commission of Ohio. Defendant denies all remaining allegations contained in
Paragraphs 6, 7, 8, 9, 10, 11, 12, 13, 14 & 15 of Plaintiffs Complaint.
6 In response to paragraph 16 of Plaintiff's Complaint, Defendant admits that
Plaintiff filed a Notice of Appeal with this Court. Defendant denies all remaining allegations
contained in paragraph 16 of Plaintiff's Complaint due to lack of knowledge sufficient to form a
belief as to the truth or veracity thereof.
7 Defendant admits the allegations contained in paragraph 17 of Plaintiffs
Complaint.
8 Defendant denies the allegations contained in paragraph 18 of Plaintiff's
Complaint.
9 Defendant denies each and every allegation not expressly admitted herein.
DEFENSES
10. Plaintiffs Complaint fails to state a claim upon which relief can be granted.
11 Plaintiff
did not suffer the alleged injury or condition in the course of and arising
out of employment with Defendant/Employer.
12. Intervening and/or superseding events caused the alleged injury or condition.
13. The alleged injury/conditions are not compensable under R.C. 4123.01
14. Plaintiff failed to exhaust administrative remedies.
15. Plaintiffs Complaint alleges an injury or condition which is the product of natural
deterioration of body part, tissue or organ and, as such, is not compensable under the Workers’
Compensation Laws of Ohio.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 31 8:29 AM-23CV003109
0G407 - I1
16. 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 a trial by jury on all issues contained herein.
/si Denise A. Corea
DENISE A. COREA (0069561)
Assistant Attorney General
WHEREFORE, the above-named Defendant prays that Plaintiff be found not entitled to
further participate under the workers’ compensation laws of Ohio.
Respectfully submitted,
DAVE YOST (0056290)
Ohio Attorney General
/si Denise A. Corea
DENISE A. COREA (0069561)
Assistant Attorney General
Workers’ Compensation Section
30 East Broad Street, 15" Floor
Columbus, Ohio 43215
(614) 466-6730 — Tel.
(877) 508-2401 — Fax
Denise.Corea@OhioAGO.gov
Counsel for Defendant, Administrator,
Ohio Bureau of Workers' Compensation
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 31 8:29 AM-23CV003109
0G407 - I1
CERTIFICATE OF SERVICE
Thereby certify that a copy of the foregoing Answer was served on this 31st day of May,
2023, to
Via court electronically
Margaret T. Whitmore-Ribeiro
Mwhitmore@nrsinjurylaw.com
Counsel for Plaintiff
Via Email
Arthur W. Brumett II
Awb@brumettlegal.com
Counsel for Defendant/Employer
/si Denise A. Corea
DENISE A. COREA (0069561)
Assistant Attorney General
Document Filed Date
May 31, 2023
Case Filing Date
May 02, 2023
Category
WORKERS COMPENSATION
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 31 8:29 AM-23CV003109 0G407 - I1 IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO ROBERT G. HENDERSON, CASE NO. 23 CV 003109 Plaintiff, JUDGE AVENI VS. JURY DEMAND ENDORSED HEREON SADDLE CREEK TRANSPORTATION, INC., et al., Defendants. ANSWER OF DEFENDANT, ADMINISTRATOR, OHIO BUREAU OF WORKERS’ COMPENSATION Now comes the Defendant, Administrator, Bureau of Workers’ Compensation, and hereby swers the Plaintiff’ s Complaint as follows: 1 Defendant denies the allegations contained in paragraph 1 of Plaintiff's Complaint due to lack of knowledge sufficient to form a belief as to the truth or veracity thereof. 2 Defendant admits the allegations contained in paragraphs 2 & 3 of Plaintiffs Complaint. 3 Defendant admits the allegations contained in paragraph 4 of Plaintiffs Complaint only in so far as those allegations accurately reflect the administrative proceedings and the orders of the Ohio Bureau of Workers’ Compensation and Industrial Commission of Ohio. Defendant denies all remaining allegations contained in paragraphs 4 of Plaintiff's Complaint. 4 Defendant denies the allegations contained in paragraph 5 of due to lack of knowledge sufficient to form a belief as to the truth or veracity thereof. 5 Defendant admits the allegations contained in paragraphs 6, 7, 8, 9, 10, 11, 12, 13, 14 & 15 of Plaintiff's Complaint only in so far as those allegations accurately reflect the Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 31 8:29 AM-23CV003109 0G407 - I1 administrative proceedings and the orders of the Ohio Bureau of Workers’ Compensation and Industrial Commission of Ohio. Defendant denies all remaining allegations contained in Paragraphs 6, 7, 8, 9, 10, 11, 12, 13, 14 & 15 of Plaintiffs Complaint. 6 In response to paragraph 16 of Plaintiff's Complaint, Defendant admits that Plaintiff filed a Notice of Appeal with this Court. Defendant denies all remaining allegations contained in paragraph 16 of Plaintiff's Complaint due to lack of knowledge sufficient to form a belief as to the truth or veracity thereof. 7 Defendant admits the allegations contained in paragraph 17 of Plaintiffs Complaint. 8 Defendant denies the allegations contained in paragraph 18 of Plaintiff's Complaint. 9 Defendant denies each and every allegation not expressly admitted herein. DEFENSES 10. Plaintiffs Complaint fails to state a claim upon which relief can be granted. 11 Plaintiff did not suffer the alleged injury or condition in the course of and arising out of employment with Defendant/Employer. 12. Intervening and/or superseding events caused the alleged injury or condition. 13. The alleged injury/conditions are not compensable under R.C. 4123.01 14. Plaintiff failed to exhaust administrative remedies. 15. Plaintiffs Complaint alleges an injury or condition which is the product of natural deterioration of body part, tissue or organ and, as such, is not compensable under the Workers’ Compensation Laws of Ohio. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 31 8:29 AM-23CV003109 0G407 - I1 16. 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 a trial by jury on all issues contained herein. /si Denise A. Corea DENISE A. COREA (0069561) Assistant Attorney General WHEREFORE, the above-named Defendant prays that Plaintiff be found not entitled to further participate under the workers’ compensation laws of Ohio. Respectfully submitted, DAVE YOST (0056290) Ohio Attorney General /si Denise A. Corea DENISE A. COREA (0069561) Assistant Attorney General Workers’ Compensation Section 30 East Broad Street, 15" Floor Columbus, Ohio 43215 (614) 466-6730 — Tel. (877) 508-2401 — Fax Denise.Corea@OhioAGO.gov Counsel for Defendant, Administrator, Ohio Bureau of Workers' Compensation Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 31 8:29 AM-23CV003109 0G407 - I1 CERTIFICATE OF SERVICE Thereby certify that a copy of the foregoing Answer was served on this 31st day of May, 2023, to Via court electronically Margaret T. Whitmore-Ribeiro Mwhitmore@nrsinjurylaw.com Counsel for Plaintiff Via Email Arthur W. Brumett II Awb@brumettlegal.com Counsel for Defendant/Employer /si Denise A. Corea DENISE A. COREA (0069561) Assistant Attorney General