COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 59959 JAMES D. MEADOWS, ETC., : : Plaintiffs-Appellants : : JOURNAL ENTRY vs. : and : OPINION GENERAL MOTORS CORPORATION, : CHEVROLET-PONTIAC-CANADA GROUP, : ET AL., : : Defendants-Appellees : : : DATE OF ANNOUNCEMENT OF DECISION : MARCH 19, 1992 CHARACTER OF PROCEEDING : Civil appeal from : Common Pleas Court : Case No. 142,687 JUDGMENT : AFFIRMED. DATE OF JOURNALIZATION : _______________________ APPEARANCES: For plaintiffs-appellants: Sheldon E. Baskin Eric P. Allen SHAPIRO, KENDIS & ASSOCIATES Rockefeller Building 614 West Superior Avenue 15th Floor Cleveland, Ohio 44113-1398 For defendant-appellee, Thomas M. Carolin General Motors Corporation: Ted R. Greiner SEELEY, SAVIDGE & AUSSEM 800 Baker Building 1940 East Sixth Street Cleveland, Ohio 44114-2239 For defendant-appellee, Jerome C. Webb Bureau of Workers' Compensa- Assistant Attorney General tion and Industrial Commission State Office Building - 12th of Ohio: Floor 615 West Superior Avenue Cleveland, Ohio 44113-1899 - 2 - NAHRA, P.J.: James Meadows and his wife Janet, plaintiffs-appellants, appeal a judgment denying them disability benefits under the workers' compensation statutes. James Meadows was hired in 1968 as a machine operator by the General Motors Corporation, defendant-appellee, (hereinafter "GMC"). In April, 1983, Meadows began work on the modulator line at GMC. This job required Meadows to screw bolts into partially assembled transmissions with a torque or air gun. Meadows operated the gun with his right hand. After the gun screwed in the bolt, the gun would snap back to its original position and cause his wrist to turn. Meadows testified that the gun vibrated constantly in his right hand. Meadows would then grab the transmission with his left hand and turn it sideways and into position for the next man on the assembly line. Meadows testified that the gun weighed several pounds and that he operated it between 1,500 and 2,000 times within each eight hour workday. However, Mr. George Orbash, a GMC supervisor, testified that the gun was only a couple of pounds and that it did not twist when the torque was completed. Orbash also stated that Meadows operated the gun between 950 and 1,000 times per workday. Except for layoffs and unrelated medical leaves, Meadows continued this work until March, 1986. -3- In April, 1986, Meadows, feeling pain in his hands, went to his family physician, Dr. Oza, who ordered nerve conduction studies that turned out to be normal. In June, 1986, Meadows went to Dr. Pradist Satayathum, an orthopedist, who also conducted further nerve conduction studies and an electromyogram. Dr. Satayathum and Dr. Janet Shin interpreted such tests as compatible with a minimal degree of early stage bilateral carpal tunnel syndrome. In his deposition, played at trial on videotape, Dr. Satayathum testified that Meadows had carpal tunnel syndrome and that it resulted from his work. Dr. Arlen Rollins, an occupational medicine specialist, testified on behalf of GMC. Dr. Rollins also examined Meadows and conducted tests. He indicated that Meadows, upon review of his medical and employment histories, did not have carpal tunnel syndrome. When asked to assume that Meadows did have carpal tunnel syndrome, Dr. Rollins testified that such condition did not result from Meadows' employment. Meadows filed a workers' compensation claim for bilateral carpal tunnel syndrome. Such claim was allowed by the Industrial Commission of Ohio. Pursuant to R.C. 4123.519, GMC filed an appeal with the Cuyahoga County Court of Common Pleas. Subsequent to the filing of the complaint and prior to trial, Meadows was adjudged incompetent by the Probate Court of Cuyahoga County; his wife and guardian of his person and estate, Janet Meadows, was made a new party plaintiff. -4- The trial court determined that James Meadows would be permitted to testify. Trial ensued and a jury found that Meadows was not entitled to participate in the benefits of workers' compensation. This appeal follows. Appellant's sole assignment of error states: THE JURY'S VERDICT IS AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE. In C.E. Morris Co. v. Foley Construction Co. (1978), 54 Ohio St. 2d 279, 376 N.E.2d 578, the court in the syllabus: Judgments supported by some competent, credible evidence going to all the essential elements of the case will not be reversed by a reviewing court as being against the manifest weight of the evidence. See Seasons Coal Co. v. Cleveland (1984), 10 Ohio St. 3d 77, 461 N.E.2d 1273; also cited in Schill v. General Motors Corp. (1988), 42 Ohio App. 192, 195, 537 N.E.2d 713. Meadows contends that the weight of the evidence indicated that he suffered from carpal tunnel syndrome as a result of his employment with General Motors. He asserts that Dr. Rollins' testimony did not contradict Dr. Satayathum's opinion that Meadows suffered from the condition. Our review of the record indicates that there was competent and credible evidence to support the jury's verdict. Dr. Rollins' testimony reveals that he did not believe that Meadows suffered from carpal tunnel syndrome. Even assuming that Meadows did suffer from such condition, Rollins testified that he did not believe that it resulted from the work place. An occupational -5- disease is compensable under R.C. 4123.68 (BB) where the following criteria are met: (1) The disease is contracted in the course of employment; (2) the disease is peculiar to the claimant's employment by its causes and the characteristics of its manifestation or the conditions of the employment result in a hazard which distinguishes the employment in character from employment generally; and (3) the employment creates a risk of contracting the disease in a greater degree and a different manner than in the public generally. State, ex rel. Ohio Bell Tel. Co., v. Krise (1975), 42 Ohio St. 2d 247, 327 N.E.2d 756, syllabus. Based on Dr. Rollins' testimony, there was sufficient evidence in the record from which the jury could conclude that the above elements were not met. We find no reason to disturb the jury's evaluation of the witnesses' credibility. See State v. Thomas (1982), 70 Ohio St. 2d 79, 434 N.E.2d 1356. Appellants' assignment of error is overruled. The judgment of the trial court is affirmed. -6- It is ordered that appellees recover of appellants their costs herein taxed. The court finds there were reasonable grounds for this appeal. It is ordered that a special mandate issue out of this court directing the Common Pleas Court to carry this judgment into execution. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. CORRIGAN, JOHN F., J., and *ECONOMUS, J., CONCUR. (*SITTING BY ASSIGNMENT: Judge Peter C. Economus, Mahoning County Common Pleas Court.) JOSEPH J. NAHRA PRESIDING JUDGE N.B. This entry is made pursuant to the third sentence of Rule 22(D), Ohio Rules of Appellate Procedure. This is an announcement of decision (see Rule 26). Ten (10) days from the date hereof this document will be stamped to indicate journalization, at which time it will become the judgment and order of the court and time period for review will begin to run. .