Legal Opinion · Dissent

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

Ohio Supreme Court

Decided July 7, 2011No. 2010-0924Published

1DissentO’Donnell, J.

{¶ 21} I respectfully dissent.

{¶ 22} In this case, the majority has determined that a workers’ compensation claim alleging that a work-related injury caused a medical condition also includes a claim that the injury aggravated the same preexisting medical condition, thereby permitting the common pleas court to consider aggravation of a preexisting condition on appeal if the Bureau of Workers’ Compensation allowed the condition as directly caused by the employment.

{¶ 23} A workers’ compensation claim alleging that a work-related injury caused a medical condition is different from a workers’…

2Cases cited9 opinions

  1. Ward v. Kroger Co.Ohio Supreme Court · 2005
  2. Grant v. Ohio Department of Liquor ControlOhio Court of Appeals · 1993
  3. Dunn v. MayfieldOhio Court of Appeals · 1990
  4. Gower v. ConradOhio Court of Appeals · 2001
  5. Reed v. MTD Products, Inc., Midwest IndustriesOhio Court of Appeals · 1996

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