State ex rel. Liposchak v. Indus. Comm

In State ex rel. Liposchak v. Indus. Comm. (1995), 73 Ohio St.3d 194, 1995 Ohio 138, 652 N.E.2d 753, the court found an exception to the holding from State ex rel. Baker Material Handling Corp. v. Indus. Comm. (1994) when a claimant contracts an occupational disease which has a long latency period. In that case, the claimant was caught bringing a handgun to work and quit before he could be fired. Any work activity thereafter was sporadic at best. Twelve years later, claimant was diagnosed with malignant mesothelioma. Claimant's claim was allowed, as it was determined that the condition arose from his employment and claimant filed an application for PTD compensation. The commission denied his request for PTD compensation because he had voluntarily removed himself from the active workforce. However, the Supreme Court of Ohio found that claimant was entitled to compensation. The court distinguished Baker Material Handling because mesothelioma has a long latency period, and claimant did not have an allowed workers' compensation claim for this occupational disease at the time he left his employment. While recognizing that problems can arise when another factor independently contributes to the inability to return to relevant employment, the court reiterated that the existence of a causal relationship between an allowed condition and an inability to work underlies all successful requests for disability compensation.