Thompson v. Ohio Fuel Gas Co.

• Decision Date: 22 August 1967
• Citation: 11 Ohio App.2d 212,229 N.E.2d 756
• Parties: , 40 O.O.2d 374 THOMPSON, Admx., Appellant, v. OHIO FUEL GAS CO., Appellee.
• Court: Ohio Court of Appeals

Page 212

11 Ohio App.2d 212

229 N.E.2d 756, 40 O.O.2d 374

THOMPSON, Admx., Appellant, v. OHIO FUEL GAS CO., Appellee.

Court of Appeals of Ohio, Tenth District, Franklin County.

Aug. 22, 1967.

Syllabus by the Court

1. Direct payment to a doctor or other person authorized by the Ohio Industrial Commission for medical care rendered a claimant under the Workmen's Compensation Act (Chapter 4123, Revised Code) does not imply or create a legal relationship between the bureau and such person. Such services are rendered to and are the legal obligation of the patientclaimant, and direct payment is simply a discretionary method by which the award made to the claimant for medical expenses may be discharged.

2. Awards, including those for medical payments, made under the Workmen's Compensation Act (Chapter 4123, Revised Code), are within the collateral source doctrine, and a defendant is not excused of his liability nor entitled to a credit on account of such payments.

Nelson Lancione, Columbus, for appellant.

Wright, Harlor, Morris, Arnold & Glander, Rudolph Janata, Jr., and Roger F. Strauss, Columbus, for appellee.

DUFFEY, Presiding Judge.

This is an appeal from a judgment of the Common Pleas Court of Franklin County against the appellant entered upon a directed verdict. The judgment was affirmed firmed by this court in a divided vote. Upon a further appeal, the Supreme Court upheld appellant's first assignment of error relating to the granting of the directed verdict. It reversed and remanded to this court for consideration of appellant's second assignment of error. 9 Ohio St.2d 116, 224 N.E.2d 131.

In his second assignment, appellant complains of the court's exclusion from evidence of bills for medical, hospital, nursing services, etc., paid by the Industrial Commission in connection with an award to appellant under the Ohio Workmen's Compensation Act. In a preliminary hearing, the court ruled that it would not permit any testimony concerning, nor admit into evidence, such bills. The ruling was intended to, and effectively did, prevent appellant from recovering the reasonable value of medical, hospital and nursing care he received. The court stated that 'the ordinary collateral sources rule does not apply for the reason that nothing was purchased in this case by way of insurance either by the plaintiff or plaintiff's decedent.'

In Luft v. Young, Admr. (1961), 114 Ohio App. 73, 180 N.E.2d 292, this court considered the law with respect to medical payments under the Workmen's Compensation Act. Direct payment to a doctor or other person for medical care rendered a claimant under the Act does not imply or create a legal relationship between the bureau and the person...