Grant v. Connor

As presented in the briefs and decisions of the lower courts, the sole issue before us is whether plaintiff’s claim was timely filed under R.C. 4123.85. In particular, the issue as addressed by the parties concerns the construction to be given the term “disability” contained in that statute.

However, the statute of limitations set forth in R.C. 4123.85 does not govern plaintiff’s silicosis claim. Rather, plaintiffs claim is controlled by the statute of limitations once found in R.C. 4123.68(Y). At the time plaintiff filed his silicosis claim, R.C. 4123.68(Y) contained a statute of limitations…