Death Cases: Miscellaneous (Supreme Court)

Ohio Workers’ Compensation Decisions
(Supreme Court)

Death: Miscellaneous

Select the case name to read the decision on the Ohio Supreme Court’s web site. For other issues, see our topic index to Ohio workers’ compensation decisions.

Hubbard, State ex rel. v. Indus. Comm. (9/25/02)

Administrative delay in processing claim for malignant mesothelioma resulting from work exposure to asbestos meant that Commission improperly abated claim upon death of claimant and widow was entitled to receive compensation owed to deceased worker.

Vote: 7-0
Opinion by: Per Curiam

Johnston, State ex rel. v. Ohio Bur. of Workers’ Comp. (8/15/01)

Where Bureau takes an unreasonable time to process a settlement application, and claimant dies, administrative code provision that claim abates on death does not apply.

Vote: 5-2
Opinion by: Justice Resnick