State ex rel. Pilkington North America, Inc. v. Industrial Commission

{¶ 1} Donald F. Stein has an allowed occupational-disease claim. We must determine which employer is amenable for the workers’ compensation claim.

{¶ 2} Stein worked at Libbey Owens Ford (“LOF”) from 1947 through 1988 and was exposed to asbestos during much of that time. From 1947 until 1970, when it became self-insured, LOF was an employer insured under the state fund. Pilkington North America, Inc. is now the successor to LOF’s self-insured claims.

{¶ 3} In 2003, Stein was diagnosed with mesothelioma, and in 2005, his occupational-disease claim was allowed against the self-insured risk under…