Occupational Disease Cases: Evidence
(Court of Appeals)
Click on the case name to read the decision on the
Ohio Supreme Court's web site. Decisions which adopt the
decision of a lower court or
Magistrate, or which decide a case based on a previous decision, are
excluded.
Doctor's
testimony that work involving repetitive striking of computer keys
created greater risk of contracting carpal tunnel syndrome was
sufficient to permit jury to find that occupational disease
requirements had been met.
Vote: 3-0
Opinion by: Judge Corrigan
Appellate District: 8
Evidence
which established (1) that worker had not suffered conditions before
employment; (2) toxic molds existed in building; and (3) potential of
molds to cause health problems was sufficient evidence of causal
connection to submit occupational disease claim to jury.
Vote: 3-0
Opinion by: Judge Young
Appellate District: 2
To
prove proximate cause (that an exposure caused an occupational disease)
of a medical condition, medical testimony is usually required.
Vote: 2-0
Opinion by: Judge Harsha
Appellate District: 4
Injured at Work?
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workers throughout Ohio before the BWC, Industrial Commission
and
in court.
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