Occupational Disease Cases: Exhaustion of Administrative Remedies (Court of Appeals)

Ohio Workers’ Compensation Decisions
(Court of Appeals)

Occupational Disease: Exhaustion of Administrative Remedies

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.

Anders v. Powertrain Div., Gen. Motors Corp. (5/17/04)

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

Davis v. DaimlerChrysler Corp. (9/15/04)

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

Esters v. DaimlerChrysler Corp. (9/1/04)

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

Etto v. Alliance Tubular Products, Co. (3/22/04)

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

Hanley v. DaimlerChrysler Corp. (8/13/04)

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

Wright v. Leggett & Platt (12/15/04)

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