Starkey v. Builders FirstSource Ohio Valley, L.L.C.

{¶ 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-3560, 830 N.E.2d 1155, ¶ 15, fn. 1 (the claimant in an R.C. 4123.512 appeal may seek to participate in the workers’ compensation fund only for those conditions that were addressed in the administrative order from which the appeal is taken).

{¶ 2} For the reasons that follow,…