Legal Opinion · Dissent

Mataraza v. City of Euclid

Ohio Court of Appeals

Decided June 9, 2011No. 95830Published

1DissentColleen Conway Cooney, Judge

{¶ 54} I respectfully dissent. Although this is a tragic circumstance where a 41-year-old firefighter died at home after eight days on vacation, having served 14 years as a Euclid firefighter, both experts stated that his coronary artery disease was a preexisting condition. The aggravation of preexisting conditions is not compensable under Ohio’s Workers’ Compensation Act. State ex rel. Miller v. Mead Corp. (1979), 58 Ohio St.2d 405, 12 O.O.3d 348, 390 N.E.2d 1192. “In Brody [v. Mihm (1995), 72 Ohio St.3d 81, 647 N.E.2d 778], the court specifically stated that: ‘The change in the definition…

2Cases cited3 opinions

  1. Brody v. MihmOhio Supreme Court · 1995
  2. State ex rel. Miller v. Mead Corp.Ohio Supreme Court · 1979
  3. Sheeler v. Admr., Ohio Bureau of Workers' CompensationOhio Court of Appeals · 1994

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