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Court of Appeals Finds Statute of Limitations Did Not Begin to Run in Silicosis Claim

In Weisenauer v. American Standard, Inc., 2014-Ohio-1569, a claimant filed a silicosis occupational disease claim three years after his employer closed its business.  The company appealed the administrative allowance of the claim to court on the ground the claim was barred by the statute of limitations in R.C. 4123.85.  In short, the employer’s position was the claimant failed to file his claim within two years of treatment or diagnosis.  The Ohio Supreme Court has held an occupational disease claim must be filed within 2 years of the disability due to the occupational disease, which is the latest of three dates: date of diagnosis, date of treatment, or the date on which the claimant quits work because of the occupational disease.  Because the plant closed, the trial court and court of appeals reasoned the third prong of the above test had never been met.  As such, the statute of limitations never began to run and the claim was timely filed.  You can read the full decision here.

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