Occupational Disease Cases: Asbestos Claims (Court of Appeals)

Ohio Workers’ Compensation Decisions
(Court of Appeals)

Occupational Disease: Asbestos (Court of Appeals)

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.

Bennett v. Scotts Miracle-Gro (7/30/18)

Trial court did not err by applying Revised Code definition of asbestosis which requires interstitial fibrosis.

Vote: 3-0
Opinion by: Shaw
Appellate District:
 3

Bryant v. Gen. Motors Corp. (11/30/15)

Evidence, including testimony of co-worker regarding asbestos exposure in plant and doctor’s testimony that workplace asbestos exposure caused decedent’s lung cancer, supported decision to allow widow’s death claim based on lung cancer (even where decedent smoked one to two packs of cigarettes per day for 47 years).

Vote: 3-0
Opinion by: Judge Shaw
Appellate District:
3

Dellick v. Eaton Corp. (2/9/05)

Testimony of claimant and medical experts was sufficient to support jury’s decision to permit claimant to participate for occupational disease of asbestosis.

Vote: 3-0
Opinion by: Judge Donofrio
Appellate District: 7

Dennis v. Gen. Motors Corp.(1/25/16)

The requirements of R.C. 4123.68(Y) for asbestosis claims do not apply to claims for asbestos-related lung cancer because asbestosis and asbestos-related lung cancer are distinct diseases; Industrial Commission Resolution R03-1-02 requires “injured workers” to submit evidence and does not apply to a death claim filed by a dependent who is not an injured worker.

Vote: 3-0
Opinion by: Judge Rogers
Appellate District:
 3

Gomez v. Sauder Woodworking Co. (5/16/08)

Evidence of exposure to asbestos in employment, and medical evidence that the exposure to asbestos in employment caused the asbestos-related occupational disease, was sufficient to present claim for workers’ compensation benefits to the jury.

Vote: 3-0
Opinion by: Judge Osowik
Appellate District: 6

Miller v. Gen. Motors Corp. (11/2/06)

Claimant who testified about exposure to asbestos based on familiarity with asbestos, observation of professionals removing asbestos, signs indicating presence of asbestos and exposure to dust in areas where asbestos was present offered sufficient evidence to establish personal knowledge of asbestos exposure.

Vote: 3-0
Opinion by: Judge Gallagher
Appellate District: 8

Snyder v. Ford Motor Co. (12/5/05)

Trial court improperly granted summary judgment when there was a genuine issue over whether worker was exposed to asbestos while working at different employers.

Vote: 3-0
Opinion by: Judge Bryant
Appellate District: 3

Welsh v. Ford Motor Co. (2/3/11)

Jury’s finding that exposure to asbestos in the workplace caused the colon cancer which killed a worker was supported by evidence of asbestos exposure in the workplace and doctor’s opinion that this exposure was a cause of the colon cancer.

Vote: 3-0
Opinion by: Judge Boyle
Appellate District: 8