HUTCHINSON v. OHIO FERRO ALLOYS CORP.

No. 93-319.

70 Ohio St.3d 50 (1994)

HUTCHINSON, A.K.A. HUTCHISON, APPELLANT, v. OHIO FERRO ALLOYS CORPORATION; MIHM, ADMINISTRATOR, ET AL., APPELLEES.

Supreme Court of Ohio.

Decided August 10, 1994.


Attorney(s) appearing for the Case

James C. Ayers Law Office and Jeffrey Decile; and W. Allen Wolfe, for appellant.

Lee Fisher, Attorney General, and William J. McDonald, Assistant Attorney General, for appellees.

Stewart R. Jaffy and Marc J. Jaffy, urging reversal for amici curiae, United Steelworkers of America, AFL-CIO and Ohio Academy of Trial Lawyers.


PFEIFER, J.

The sole issue before this court is whether a claimant can prove a scheduled disease using the general definition of "occupational disease" provided by R.C. 4123.68. We hold that a claimant may do so.

R.C. 4123.68 (now R.C. 4123.01[F]) defined an "occupational disease" as:

"a disease contracted in the course of employment, which by its causes and the characteristics of its manifestation or...

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