Opinion

State Ex Rel. Hall China Co. v. Industrial Commission

  • 120 Ohio App. 374
  • 29 Ohio Op. 2d 241
  • 202 N.E.2d 628
  • 1962 Ohio App. LEXIS 526
Court
Ohio Court of Appeals
Filed
May 15, 1962
Status
Published
Author
Duffey
On the bench
Bryant, Duffey, Duffy
Cited by
8 cases

The opinion

Duffey, P. J.,

concurring. Petitioner’s principal contention involves the interpretation of the word “injurious” as used in Section 4123.68 (W) of the Revised Code. The interpretation suggested would in effect insert the element of employer fault into occupational disease cases. Liability for compensation, as opposed to liability for violation of a safety re-' quirement, rests upon the injurious effect upon the claimant and not upon the injurious conduct of the employer.

The extreme circumstances of this particular test case might justify criticism of the method for allocating the financial burden between successive employers. However, whether it is equitable to impose the entire burden upon the last employer is not the question before us. Deficiencies in the method of allocating costs is not a basis for defeating claimant’s recovery.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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