Occupational Disease Cases: Miscellaneous (Court of Appeals)

Ohio Workers’ Compensation Decisions
(Court of Appeals)

Occupational Disease: 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.

Birchfield v. Rubbermaid, Inc. (9/1/04)

Grant of summary judgment for employer of initial exposure was proper where there was evidence that a later exposure aggravated condition under the last injurious exposure rule.

Vote: 3-0
Opinion by: Judge Batchelder
Appellate District: 9

Brophey v. Admr., Ohio Bur. of Workers’ Comp. (2/12/08)

To participate for occupational disease, claimant must demonstrate that he suffered greater exposure as a result of employment than he would have otherwise (involving the second and third requirements of the occupational disease definition); where jury found that there was no greater exposure in employment, claimant is not entitled to participate for occupational disease.

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

Mackell v. Armco, Inc. (6/24/02)

Sleep deprivation is a common condition, and does not meet the requirements necessary to constitute an injury or occupational disease for workers’ compensation purposes; nor did evidence indicate that claimant’s travel to work fell within the special hazard exception to the “going and coming” rule.

Vote: 3-0
Opinion by: Judge Edwards
Appellate District: 5

Mataraza v. Euclid (6/9/11)

Trial court improperly granted summary judgment for employer against fire fighter who died due to heart attack where evidence indicated existence of “risk factors” for cardiovascular disease when fire fighter was hired because presence of risk factors does not establish disease existed when fire fighter hired. Under such circumstances, issue of fact existed regarding whether fire fighter contracted disease due to employment.

Vote: 2-1
Opinion by: Judge Kilbane
Appellate District: 8

McRoberts v. Gen. Elec. Co. (7/15/13)

Worker not entitled to participate for aggravation of non-occupational disease where aggravation does not qualify as occupational disease.

Opinion by: Judge Hendrickson
Appellate District: 12

Stoneman v. Zimmer Orthopaedic Surgical Prods, Inc. (10/2/08)

Wear and tear aggravation of a non-occupational disease is compensable when caused by stresses and strains which are greater than those ordinarily encountered.

Vote: 2-0, 1 concurs in part and dissents in part
Opinion by: Judge Stoneman
Appellate District: 5

Tharp v. Whirlpool (4/9/18)

Trial court erred in granting summary judgment for employer when evidence indicated that injured worker was not diagnosed with occupational disease until after date she started employment with employer.

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

Walker v. Ford Motor Co. (9/25/14)

Worker who claims that industrial exposure to toxic substance caused occupational disease must prove both “general causation” (that substance can cause the disease) and “specific causation” (that exposure caused worker to suffer the disease) to participate in the workers’ compensation fund.

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