STATE EX REL. HUBBARD v. INDUS. COMM.

No. 2001-0201.

96 Ohio St.3d 336 (2002)

2002-Ohio-4795

THE STATE EX REL. HUBBARD, v. INDUSTRIAL COMMISSION OF OHIO ET AL.

Supreme Court of Ohio.

Decided September 25, 2002.


Attorney(s) appearing for the Case

Kelley & Ferraro, L.L.P., Thomas M. Wilson and Corey W. Frost, for relator.

Betty D. Montgomery, Attorney General, and Dennis L. Hufstader, Assistant Attorney General, for respondents.


Per Curiam.

{¶ 1} On April 23, 1999, decedent Thomas H. Hubbard filed a workers' compensation application, asserting that he had contracted malignant mesothelioma from years of heavy exposure to asbestos in the workplace. At his September 23, 1999 hearing, he submitted medical evidence corroborating his allegation. No contrary evidence was presented.

{¶ 2} Despite the absence of rebuttal, a hearing officer for respondent Industrial Commission...

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