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COURT OF COMMON PLEAS
BUTLER COUNTY, OHIO .
eae 2015 94 0992
aRIANY D. KLOPP : CASE NO, eo
9 Howman Ave.: . : (BWC Claim No,'|4-803264)
Hamilton OH 4st:
Plaintiff-Appellant, : JUDGE:
vs.
HEARTLAND OF WOODRIDGE :
HC MANORCARE : COMPLAINT
33 N, Summit St. :
Toledo, OH 43604 : (With Praecipe to Clerk)
and
STEVE BUEHRER, Administrator
OHIO BUREAU OF WORKERS’
COMPENSATION
30 W, Spring Street
Columbus, OH 43266-0589
Defendants-Appellees.
Comes the Plaintiff-Appellant, Tiffany D. Klopp, by and through counsel, and for her
Complaint, states as follows:
1.
Tiffany D. Klopp (hereinafter “Claimant”) states that she is the Claimant in Bureau of
Workers’ Compensation (hereinafter “BWC”) Claim No. 14-803264 and this is an appeal
of the Order of the Industrial Commission of Ohio published on March 17, 2015, mailed on
March 20, 2015, and received by Claimant on March 23, 2015, Said Order refused
Claimant's March 2, 2015 appeal from the order of the Staff Hearing Officer (hereinafter
“SHO”), published on February 28, 2015, denying Claimant’s request that her claim be
modified to allow the following additional! conditions:
a. Disc Herniation L5-S1; and
b. Substantial Aggravation of Pre-Existing Condition - Hypertrophy L4-5,
Defendant Steve Buehrer, is the duly appointed and acting Administrator of the Ohio
Bureau of Worker’s Compensation and is charged with the administration of the law as it
applies to the Ohio Bureau of Workers’ Compensation.w w
3. On or about January 6, 2014, Claimant sustained an industrial injury while working as a
nurse for Heartland of Woodridge HC Manorcare (hereinaheg ‘tefhpigypr”), 3801
Woodridge Blvd., Fairfield, Butler County, Ohio. 282
4. The initial application for allowance of the claim was filed on Gut Ja aty 6, 2014, and
the claim has been previously allowed for the condition of Lumbar spridndstrain and
thoracic sprain/strain.
5. On August 21, 2014, Claimant filed a C-86 Motion requesting that her claim be amended to
allow the additional conditions of:
a. Dise Herniation L5-S1; and
b. Substantial Aggravation of Pre-Existing Condition - Hypertrophy L4-5,
6. Following a hearing before a District Hearing Officer (hereinafier “DHO”) on November
4, 2014, an order was published on November 5, 2014, mailed on November 7, 2014, and
received by Claimant on November 10, 2014, granting the additional allowance of the
conditions as noted in Paragraphs 1 and 5 above.
7. Employer filed their Notice of Appeal from the DHO Order on November 12, 2014. The
matter was heard on February 25, 2014 by an SHO. An order vacating the November 5,
2014 DHO Order allowing the conditions of Dise Herniation LS-Si and Substantial
Aggravation of Pre-Existing Condition Hypertrophy L4-5, was published on
February 26, 2015, mailed on February 28, 2015, and received by Claimant on March 2,
2015.
8. Claimant filed her Notice of Appeal of the SHO order on March 2,2015. The matter
was thereafter reviewed by the Industrial Commission and Claimant's appeal was refused.
The order was published on March 17, 2015, mailed on March 20, 2015, and received by
Claimant on March 23, 2015.
9. The issue of the Appeal is the modification of Claimant’s claim to allow the additional
conditions of:
a. Dise Herniation L3-S1;
b. Substantial Aggravation of Pre-Existing Condition - Hypertrophy L4-5.
WHEREFORE, Plaintiff-Appellant, Tiffany D. Klopp, demands that her claim be
modified to allow her to participate for:
a. Disc Herniation L4-S1;
b. Substantial Aggravation of Pre-Existing Condition - Hypertrophy L4-L5
as a direct and proximate result of her employment, by way of direct cause and/or substantial
aggravation and/or acceleration, and that medical benefits be ordered paid under Claim No. 14-
803264, and that she recover her costs herein, including attorney fees to her counsel pursuant to
§4123.512,New w
Respectfully submitted; *
2015 O04 0992
Mcb
‘Ge B. McKenzie Oues A >=
Christopher J. Snyder (0040375)
Andrew R. Tobergte (0081691)
Samuel Warden (0087918)
Attorneys for Plaintiff-Appellant
McKenzie & Snyder LLP
229 Dayton Street
Hamilton, OH 45011
(513) 737-5180 - office
(513) 737-5179 - fax
PRAECIPE FOR SERVICE
TO THE CLERK:
Kindly serve the Defendant-Appellees at the addressed provided on the caption of this
Complaint by certified U.S. Mail, return receipt requested.
Kyle B. McKenzie (0063477
Christopher J. Snyder (00:
Andrew R. Tobergte (0081691)
Samuel Warden (0087918)
Attorneys for Plaintiff-Appellant
Preview
wv ow wi COURT OF COMMON PLEAS BUTLER COUNTY, OHIO . eae 2015 94 0992 aRIANY D. KLOPP : CASE NO, eo 9 Howman Ave.: . : (BWC Claim No,'|4-803264) Hamilton OH 4st: Plaintiff-Appellant, : JUDGE: vs. HEARTLAND OF WOODRIDGE : HC MANORCARE : COMPLAINT 33 N, Summit St. : Toledo, OH 43604 : (With Praecipe to Clerk) and STEVE BUEHRER, Administrator OHIO BUREAU OF WORKERS’ COMPENSATION 30 W, Spring Street Columbus, OH 43266-0589 Defendants-Appellees. Comes the Plaintiff-Appellant, Tiffany D. Klopp, by and through counsel, and for her Complaint, states as follows: 1. Tiffany D. Klopp (hereinafter “Claimant”) states that she is the Claimant in Bureau of Workers’ Compensation (hereinafter “BWC”) Claim No. 14-803264 and this is an appeal of the Order of the Industrial Commission of Ohio published on March 17, 2015, mailed on March 20, 2015, and received by Claimant on March 23, 2015, Said Order refused Claimant's March 2, 2015 appeal from the order of the Staff Hearing Officer (hereinafter “SHO”), published on February 28, 2015, denying Claimant’s request that her claim be modified to allow the following additional! conditions: a. Disc Herniation L5-S1; and b. Substantial Aggravation of Pre-Existing Condition - Hypertrophy L4-5, Defendant Steve Buehrer, is the duly appointed and acting Administrator of the Ohio Bureau of Worker’s Compensation and is charged with the administration of the law as it applies to the Ohio Bureau of Workers’ Compensation.w w 3. On or about January 6, 2014, Claimant sustained an industrial injury while working as a nurse for Heartland of Woodridge HC Manorcare (hereinaheg ‘tefhpigypr”), 3801 Woodridge Blvd., Fairfield, Butler County, Ohio. 282 4. The initial application for allowance of the claim was filed on Gut Ja aty 6, 2014, and the claim has been previously allowed for the condition of Lumbar spridndstrain and thoracic sprain/strain. 5. On August 21, 2014, Claimant filed a C-86 Motion requesting that her claim be amended to allow the additional conditions of: a. Dise Herniation L5-S1; and b. Substantial Aggravation of Pre-Existing Condition - Hypertrophy L4-5, 6. Following a hearing before a District Hearing Officer (hereinafier “DHO”) on November 4, 2014, an order was published on November 5, 2014, mailed on November 7, 2014, and received by Claimant on November 10, 2014, granting the additional allowance of the conditions as noted in Paragraphs 1 and 5 above. 7. Employer filed their Notice of Appeal from the DHO Order on November 12, 2014. The matter was heard on February 25, 2014 by an SHO. An order vacating the November 5, 2014 DHO Order allowing the conditions of Dise Herniation LS-Si and Substantial Aggravation of Pre-Existing Condition Hypertrophy L4-5, was published on February 26, 2015, mailed on February 28, 2015, and received by Claimant on March 2, 2015. 8. Claimant filed her Notice of Appeal of the SHO order on March 2,2015. The matter was thereafter reviewed by the Industrial Commission and Claimant's appeal was refused. The order was published on March 17, 2015, mailed on March 20, 2015, and received by Claimant on March 23, 2015. 9. The issue of the Appeal is the modification of Claimant’s claim to allow the additional conditions of: a. Dise Herniation L3-S1; b. Substantial Aggravation of Pre-Existing Condition - Hypertrophy L4-5. WHEREFORE, Plaintiff-Appellant, Tiffany D. Klopp, demands that her claim be modified to allow her to participate for: a. Disc Herniation L4-S1; b. Substantial Aggravation of Pre-Existing Condition - Hypertrophy L4-L5 as a direct and proximate result of her employment, by way of direct cause and/or substantial aggravation and/or acceleration, and that medical benefits be ordered paid under Claim No. 14- 803264, and that she recover her costs herein, including attorney fees to her counsel pursuant to §4123.512,New w Respectfully submitted; * 2015 O04 0992 Mcb ‘Ge B. McKenzie Oues A >= Christopher J. Snyder (0040375) Andrew R. Tobergte (0081691) Samuel Warden (0087918) Attorneys for Plaintiff-Appellant McKenzie & Snyder LLP 229 Dayton Street Hamilton, OH 45011 (513) 737-5180 - office (513) 737-5179 - fax PRAECIPE FOR SERVICE TO THE CLERK: Kindly serve the Defendant-Appellees at the addressed provided on the caption of this Complaint by certified U.S. Mail, return receipt requested. Kyle B. McKenzie (0063477 Christopher J. Snyder (00: Andrew R. Tobergte (0081691) Samuel Warden (0087918) Attorneys for Plaintiff-Appellant