COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 68056 MARCIA G. LEWIS : : Plaintiff-appellant : : JOURNAL ENTRY -vs- : AND : OPINION THE CLEVELAND CLINIC FOUNDA- : TION, ET AL. : : Defendant-appellees : : DATE OF ANNOUNCEMENT : AUGUST 31, 1995 OF DECISION : CHARACTER OF PROCEEDING : Civil appeal from Court of Common Pleas : Case No. CV-241159 JUDGMENT : AFFIRMED DATE OF JOURNALIZATION : APPEARANCES: For plaintiff-appellant: For defendant-appellees: GARY H. LEVINE, ESQ. JOHN A. ZANGERLE, ESQ. Chattman, Sutula, Friedlander 3200 National City Center & Paul 1900 East 9th Street 6200 Rockside Road Cleveland, OH 44114-3485 Cleveland, OH 44131 DIANE J. KARPINSKI, ESQ. 12TH Floor, State Office Bldg. 615 West Superior Avenue Cleveland, OH 44114-3485 - 2 - PATTON, C.J. Claimant-appellant Marcia Lewis worked as an electrocardiogram technician (EKG tech) for employer-appellee Cleveland Clinic Foundation. On September 13, 1989, she saw her physician to complain of neck pain. Her physician originally diagnosed her as having a pinched nerve in the neck, but a subsequent examination by a specialist revealed claimant suffered from a herniated disk at the C5/6 level. Claimant filed an application with the Industrial Commission of Ohio seeking to participate in the workers' compensation fund, alleging either that she sustained the neck injury on September 13, 1989 or that it arose as a result of repetitive movements associated with her job duties requiring her to move a large cart containing the EKG machine. When the commission denied her application, claimant filed an appeal de novo with the court of common pleas. The issues were tried to the court. In written findings of fact and conclusions of law, the court found claimant did not suffer her injury in the course of her employment and denied the application for benefits. This appeal followed. I In her first assignment of error, claimant complains the trial court erred by considering factors beyond the scope of jurisdiction 1 conferred by R.C. 4123.519. During closing arguments on whether 1 R.C. 4123.519 was amended and renumbered R.C. 4123.512 effective October 20, 1993. - 3 - claimant had met her burden of establishing a work-related injury, the clinic's counsel told the court the industrial commission did not believe claimant met her burden. In response, the court asked, "Well, how do you interpret their decision; they're saying that either it didn't happen from work, or you couldn't prove it's causally related?" Claimant maintains the court's reference to prior proceedings before the industrial commission was contrary to the nature of an appeal de novo. It is well-settled that an appeal from a ruling by the industrial commission contemplates a trial de novo on issues of both law and fact. State ex rel. Federated Department Stores, Inc. v. Brown (1956), 165 Ohio St. 521, paragraph two of the syllabus; Marcum v. Berry (1991), 76 Ohio App.3d 536, 539. As a general principle, the trial court should not inform the jury of previous proceedings before the industrial commission. See Jones v. Keller (1966), 9 Ohio App.2d 210; Paschall v. Mayfield (July 3, 1991), Cuyahoga App. No. 58748, unreported. However, an improper reference to an adverse administrative ruling against a workers' compensation claimant may be cured with an appropriate instruction to the jury, limiting its review of the evidence to those matters presented at trial. Logarusic v. King Musical Instruments, Inc. (1991), 71 Ohio App.3d 280. In a bench trial, trial judges are presumed to rely only upon relevant, material, and competent evidence in arriving at their judgments. State v. Richey (1992), 64 Ohio St.3d 353, 362; State - 4 - v. Post (1987), 32 Ohio St.3d 380, 384. In order to defeat this presumption, it must affirmatively appear on the record the trial court did rely on irrelevant evidence. State v. White (1968), 15 Ohio St.2d 146, 151. Although the trial judge did make a fleeting reference to the proceedings before the industrial commission, nothing in the record suggests he based his decision on any of those proceedings, nor does claimant point to any specific evidence supporting a claim of error. We note that unlike a jury, the trial court is obviously aware that proceedings occurred before the industrial commission, particularly where as here, claimant appended a copy of the industrial commission's findings to her notice of appeal. Nothing in the law requires trial judges conducting bench trials to turn a blind eye toward the pleadings. The first assignment of error is overruled. II The second assignment of error complains the trial court's verdict is against the manifest weight of the evidence. She maintains the clinic's medical expert did not consider her job required her to lift patients and, combined with the repetitive movements associated with moving the EKG machine throughout the hospital, constituted a work-related injury. Judgments supported by 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 - 5 - evidence. C.E. Morris Co. v. Foley Construction Co. (1978), 54 Ohio St.2d 279, syllabus; Seasons Coal Co. v. Cleveland (1984), 10 Ohio St.3d 77. The trial court's findings of fact cite to competent, credible evidence to support its verdict. Chief among these findings were claimant's failure to report any injuries to her supervisors, her physician's failure to attribute any of her neck problems to her employment until after she filed her claim, testimony that claimant's job did not require her to lift any patients or engage in repetitive movements that would strain the neck, evidence the clinic had no similar claims filed by EKG technicians who had performed over eighty thousand similar examinations, and expert testimony attributing claimant's injuries to a 1984 motor vehicle accident in which she suffered whiplash. The second assignment of error is overruled. Judgment affirmed. - 6 - It is ordered that appellees recover of appellant 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 Court of Common Pleas 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. SPELLACY, J. O'DONNELL, J., CONCUR CHIEF JUSTICE JOHN T. PATTON N.B. This entry is made pursuant to the third sentence of Rule 22(D), Ohio Rules of Appellate Procedure. This is an announce- ment of decision (see Rule 26). Ten (10) days from the date hereof, this document will be stamped to indicate journalization, .