Caruso v. Aluminum Co. of America

The only issue properly before this court is whether R.C. 4123.68(Y) is unconstitutional as it applies to a claimant seeking compensation for a silicosis-related death that occurred prior to January 1, 1976 but more than eight years after the decedent’s work-related exposure to substances known to cause silicosis. We decide this issue with reference to R.C. 4123.68(Y) as it read at the time that plaintiff filed her claim in 1976.3

It is clear that the effect of R.C. 4123.68(Y), as applied to the plaintiff herein, is to preclude compensation for any silicosis-related death occurring more than…