Occupational Disease Cases: Evidence (Court of Appeals)

Ohio Workers’ Compensation Decisions
(Court of Appeals)

Occupational Disease: Evidence

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.

Diaz v. Progressive Cas. Ins. Co. (5/18/06)

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

Googash v. Conrad (10/15/04)

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

Hill v. Pepsi-Cola Gen. Bottlers, Inc. (5/6/16)

Doctor’s evidence which did not state basis of, or provide medical authority to support, doctor’s opinion that workplace exposure caused disease, was not sufficient to withstand employer’s motion for summary judgment.

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

Rusin v. Buehrer, 2017-Ohio-8411 (11/3/17)

Trial court did not err in determining that fire fighter had not established that workplace exposure to toxic substances caused his ALS.

Vote: 3-0
Opinion by: Zayas
Appellate District: 1

Valentine v. PPG Indus., Inc. (8/20/04)

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