STARKEY v. BUILDERS FIRSTSOURCE OHIO VALLEY, L.L.C.

No. C-081279.

187 Ohio App.3d 199 (2010)

2010-Ohio-1571

STARKEY, Appellant, v. BUILDERS FIRSTSOURCE OHIO VALLEY, L.L.C., Appellee, et al.

Court of Appeals of Ohio, First District, Hamilton County.

Decided April 9, 2010.


Attorney(s) appearing for the Case

Fox & Fox Co. L.P.A., Bernard C. Fox, and M. Christopher Kneflin, for appellant.

Becker & Cade and Howard D. Cade III, for appellee, Builders Firstsource Ohio Valley, L.L.C.

Richard Cordray, Attorney General of Ohio, and Thomas J. Straus, Assistant Attorney General, for defendant Administrator, Ohio Bureau of Workers' Compensation.


J. HOWARD SUNDERMANN, Judge.

{¶ 1} The principal question raised in this appeal is whether a claimant who wishes to participate in the Workers' Compensation Fund for a specific condition under a theory of direct causation must also include a claim for aggravation of a condition at the administrative level if the claimant wishes to raise aggravation of a condition in an appeal under R.C. 4123.512. Because we agree with those Ohio appellate districts...

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