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STARKEY v. BUILDERS FIRSTSOURCE

No. 2010-0924.

130 Ohio St.3d 114 (2011)

2011-Ohio-3278

STARKEY, Appellee, v. BUILDERS FIRSTSOURCE OHIO VALLEY, L.L.C., Appellant; BUEHRER, ADMR., Appellee.

Supreme Court of Ohio.

Decided July 7, 2011.

Attorney(s) appearing for the Case

Fox & Fox Co., L.P.A., M. Christopher Kneflin , and Bernard C. Fox Jr. , for appellee Joseph Starkey.

Becker & Cade and Howard D. Cade III , for appellant.

Michael Dewine , Attorney General, Alexandra T. Schimmer , Solicitor General, Stephen P. Carney , Deputy Solicitor, Elise W. Porter , Assistant Solicitor, and Thomas J. Straus , Assistant Attorney General, for appellee Stephen Buehrer, Administrator of Workers' Compensation.

Philip J. Fulton , urging affirmance for amici curiae Ohio Association of Claimants' Counsel and Ohio Association for Justice.

LANZINGER, J.

{¶ 1} In this discretionary appeal, we address an issue left open in an earlier case: "whether a claim for a certain condition by way of direct causation must necessarily include a claim for aggravation of that condition for purposes of either R.C. 4123.512 or res judicata." Ward v. Kroger Co., 106 Ohio St.3d 35, 2005-Ohio...

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