STATE EX REL. MARTIN v. INDUS. COMM.

No. 2002-1535.

99 Ohio St.3d 280 (2003)

2003-Ohio-3625

THE STATE EX REL. MARTIN, APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO, APPELLANT, ET AL.

Supreme Court of Ohio.

Decided July 23, 2003.


Attorney(s) appearing for the Case

Granger Co., L.P.A., and Mark S. Granger, for appellee.

Jim Petro, Attorney General, and Gerald H. Waterman, Assistant Attorney General, for appellant.

Littler Mendelson, P.C., and Michael A. Womack, for Columbus Fair Auto Auction, Inc.


Per Curiam.

{¶ 1} Appellee-claimant Ellen D. Martin's workers' compensation claim has been allowed as an occupational disease for "fume/vapor upper respiratory inflammation." In late 2000, she moved appellant Industrial Commission of Ohio for change-of-occupation benefits pursuant to R.C. 4123.57(D) and 4123.68. The commission denied that request because claimant's condition was not caused by dust.

{¶ 2} Claimant petitioned the Court...

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