Legal Opinion

State ex rel. Zalud Oldsmobile, Inc. v. Industrial Commission

Ohio Supreme Court

Decided September 2, 1992No. 91-606Published

1Per curiam

The parties agree that claimant’s respiratory difficulties prevent him from resuming his former position of employment. Dr. DiMarco diagnosed asbestosis, related it to work exposure, and concluded that claimant was totally disabled as a result. On the other hand, Dr. Martin found no asbestosis attributable to work exposure, only pleural disease. He also diagnosed obstructed airways disease due to claimant’s chronic smoking. While both causes contributed to claimant’s disability, Dr. Martin could not quantify their respective contributions. We must determine whether these reports are “some…

2Cases cited6 opinions

  1. State ex rel. Burley v. Coil Packing, Inc.Ohio Supreme Court · 1987
  2. State ex rel. Mitchell v. Robbins & Myers, Inc.Ohio Supreme Court · 1983
  3. State ex rel. Zamora v. Industrial CommissionOhio Supreme Court · 1989
  4. State ex rel. Frigidaire Division v. Industrial CommissionOhio Supreme Court · 1988
  5. State ex rel. Burdette v. Dayton Walther Corp.Ohio Supreme Court · 1984

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