COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 71157 KAREN SANTOGROSSI, : ACCELERATED DOCKET : Plaintiff-Appellant : JOURNAL ENTRY : v. : AND : OHIO BUREAU OF WORKERS' : OPINION COMPENSATION, : : PER CURIAM Defendant-Appellee : DATE OF ANNOUNCEMENT OF DECISION: FEBRUARY 20, 1997 CHARACTER OF PROCEEDING: Civil appeal from Common Pleas Court Case No. 290429 JUDGMENT: AFFIRMED. DATE OF JOURNALIZATION: APPEARANCES: For plaintiff-appellant: Paula Goodwin Ben Sheerer BEN SHEERER CO. 614 W. Superior Avenue Suite 1242 Cleveland, Ohio 44113 For defendant-appellee: Sandra Lisowki Assistant Attorney General 614 W. Superior Avenue 12th Floor Cleveland, Ohio 44113 For appellee, Ladalow Sheldon L. Braverman Enterprises, Inc.: CHATTMAN, GAINES & STERN 6200 Rockside Road Independence, Ohio 44131 -3- PER CURIAM: Appellant relies on the case of Frishkorn v. Flowers (1971), 26 Ohio App.2d 165, to assert that material issues of fact remain to determine whether her injury is compensable under the workers' compensation program. However, in Brown v. BP America, Inc. (1993) 85 Ohio App.3d 194, 619 N.E.2d 479, we found that Frishkorn had been modified by MTD Products, Inc. v. Robatin (1991), 61 Ohio St.3d 66, 572 N.E.2d 661. In Brown, we stated that "MTD Products, supra, indicates that injuries occurring off the employer's premises but within the `zone of employment' will be compensable henceforth only when the employment itself created a special hazard." 85 Ohio App.3d at 196, 619 N.E.2d at 481. The claimant in Brown was injured in the lobby outside her place of employment while on an authorized excursion. Id. This court found that the claimant's risk of falling in the lobby was no greater than the risk of the public, and in accord with MTD Products, supra, was not a special hazard. Id. at 196-97, 619 N.E.2d at 481. We therefore determined that the claim should not be allowed. Id. In the case at bar, appellant was injured while on an authorized excursion. She encountered no greater risk than the public when injured. Moreover, she has not demonstrated that her employment in any way created a special hazard. For these reasons, the court properly granted appellee's motion for summary judgment. Judgment affirmed. -4- It is ordered that appellee 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 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. JOSEPH J. NAHRA, PRESIDING JUDGE TERRENCE O'DONNELL, JUDGE LEO M. SPELLACY, JUDGE N.B. This entry is an announcement of the court's decision. See App.R. 22(B), 22(D) and 26(A); Loc.App.R. 27. This decision will be journalized and will become the judgment and order of the court pursuant to App.R. 22(E) unless a motion for reconsideration with supporting brief, per App.R. 26(A), is filed within ten (10) days of the announcement of the court's decision. The time period for review by the Supreme Court of Ohio shall begin to run upon the journalization of this court's announcement of decision by the .