Burkhart v. H.J. Heinz Co. (Slip Opinion)

{¶ 1} In this appeal, we are asked to clarify whether former testimony given by the claimant in a products liability lawsuit against asbestos manufacturers is admissible in a workers’ compensation lawsuit against the claimant’s employer alleging workplace exposure to asbestos.

{¶ 2} Donald Burkhart worked for H.J. Heinz Company, developed mesothelioma, and subsequently died. He had given deposition testimony in a products-liability action he had filed against various asbestos manufacturers, but he did not sue H.J. Heinz as part of that lawsuit. After he died, his wife, Mary Lou Burkhart, filed…