SCHELL v. GLOBE TRUCKING, INC.

No. 88-1372.

48 Ohio St. 3d 1 (1990)

SCHELL, APPELLEE, v. GLOBE TRUCKING, INC.; MAYFIELD, ADMINISTRATOR, APPELLANT.

Supreme Court of Ohio.

Decided January 3, 1990.


Attorney(s) appearing for the Case

Gallon, Kalniz & Iorio Co., L.P.A., and Theodore A. Bowman; Stewart R. Jaffy, for appellee.

Anthony J. Celebrezze, Jr., attorney general, Dennis L. Hufstader and Jeffery W. Clark, for appellant.

Vorys, Sater, Seymour & Pease, Russell P. Herrold, Jr., and Robert A. Minor, urging reversal for amicus curiae, Ohio Manufactures Association.


FAIN, J.

The question we decide in this case is whether a workers' compensation claimant who is claiming the right to participate in the State Insurance Fund as a result of an aggravation of a pre-existing condition must prove that the aggravation is "substantial," and, if so, what "substantial" means in that context. The appellant administrator has not taken a position on this question; he has simply urged that this court should decide this issue and adopt a uniform...

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