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Twelfth District Court Of Appeals Reaffirms A Claimant Cannot Pursue An Occupational Disease Claim On An Aggravation Theory

In McRoberts v. General Electric, 12th Dist. No. CA2012–10–216, 2013–Ohio–3083, a claimant moved to amend his allowed workers’ compensation claim to include left carpal tunnel syndrome, among other conditions.  The evidence before the court showed the claimant’s carpal tunnel syndrome was diagnosed and treated nearly 18 years before the inception of his claim.  At a bench trial, the trial court denied the claim for carpal tunnel syndrome because a non-scheduled occupational disease must be contracted in employment.  On appeal, the claimant argued his work aggravated his disease.  The court of appeals upheld the lower court’s decision, reasoning Ohio does not recognize occupational disease claims on an aggravation theory.  Click here to read the case.

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