Occupational Disease Cases: Exhaustion of Administrative
Remedies
(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.
Asbestosis
claimants who did not comply with requirements of Industrial Commission
Resolution R96-1-01 (which requires certain medical evidence to be
presented in order for a claimant to be referred for a medical
examination) are barred from seeking right to participate by appeal to
trial court.
Vote: 3-0
Opinion by: Judge Shaw
Appellate District: 3
Claimant
seeking to participate in workers' compensation fund for asbestosis is
required to comply with Industrial Commission Resolution R96-1-01;
failure to do so results in the dismissal of the claim for failure to
exhaust administrative remedies.
Vote: 2-1
Opinion by: Judge Batchelder
Appellate District: 9
Claimant
seeking to participate in workers' compensation fund for asbestosis is
required to comply with Industrial Commission Resolution R96-1-01;
failure to do so results in the dismissal of the claim.
Vote: 3-0
Opinion by: Judge Boyle
Appellate District: 9
Court
properly granted summary judgment for employer against worker who filed
claim for asbestosis but did not meet with requirements of Commission
resolution for receiving R.C. 4123.68(Y) specialist's examination
because worker did not exhaust administrative remedies.
Vote: 3-0
Opinion by: Judge Wise
Appellate District: 5
Claimant
seeking to participate in workers' compensation fund for black lung
disease under R.C. 4123.68(Y) is required to comply with Industrial
Commission Resolution R96-1-01; failure to do so results in the
dismissal of the claim.
Vote: 2-1
Opinion by: Judge Lanzinger
Appellate District: 6
Asbestosis
claimant who did not comply with requirements of Industrial Commission
Resolution R96-1-01 (which requires certain medical evidence to be
presented in order for a claimant to be referred for a medical
examination) is barred from seeking right to participate by appeal to
trial court.
Vote: 3-0
Opinion by: Judge Boyle
Appellate District: 9
Injured at Work?
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Associates can help you receive the workers’ compensation
benefits you
are entitled to. We are based in Columbus and represent
injured
workers throughout Ohio before the BWC, Industrial Commission
and
in court.
We also represent people who have social security
disability claims or who have a disability claim before another state
administrative agency (PERS, STRS, SERS or police and fire fighters
disability).
Initial consultations with potential clients are
free. If you are interested in talking with us about a
potential
case, call us at (614) 228-6148.
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Associates Co.,
LPA | Attorneys at Law
306 E. Gay St. | Columbus, OH 43215
Telephone: (614) 228-6148 | Fax: (614) 228-6140
http://www.jaffylaw.com
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