State ex rel. Regal Ware, Inc. v. Industrial Commission

{¶ 1} The workers’ compensation claim of appellant-claimant, Frances E. Middlesworth, was allowed for “interstitial pulmonary fibrosis with bilateral apical lung disease.” On the advice of her doctor, claimant left her job in order to avoid further injurious exposure to fumes and dust. For the time period relevant to this action, claimant did not seek other employment.

{¶ 2} Earlier litigation between these parties resulted in expanded eligibility for R.C. 4123.57(D) change-of-occupation benefits. State ex rel. Middlesworth v. Regal Ware, Inc. (2001), 93 Ohio St.3d 214, 754 N.E.2d 774…