Dombelek v. Ohio Bureau of Workers' Compensation

{¶ 54} I concur in the majority’s opinion through ¶ 27 and its ultimate conclusion. But I cannot agree with the rationale it uses when reaching that conclusion.

{¶ 55} The majority states that the three-part test to be used in order to determine when a disability due to an occupational disease begins for the purposes of the statute of limitations found in R.C. 4123.85 is an instructional guide and that it is ill-advised for this court to define what the terms used in that test mean, finding that the determination of when a disability due to an occupational disease begins is solely within the…