PDT Compensation for Getting Diagnosed With a Disease After Leaving Employment
Should An Individual Who Is Diagnosed With a Particular Disease After Leaving Employment But Had That Disease During Employment Remain Eligible for PDT Compensation ?
In State ex rel. Liposchak v. Indus. Comm., 73 Ohio St.3d 194, 1995 Ohio 138, 652 N.E.2d 753, the Supreme Court determined that a claimant's departure from the workforce, whether voluntary or not, does not preclude an award of PTD compensation when the claimant suffers from a condition with a long latency period that arises after the departure and the claimant did not have an allowed workers' compensation claim for the long-latent condition at the time the claimant departed from employment. See id.
In Liposchack, the claimant had been exposed to substances which ultimately caused him to be diagnosed with malignant mesothelioma.
The claimant, when faced with a disciplinary action, left his employment and only worked sporadically thereafter.
Twelve years later, he was diagnosed with mesothelioma and ultimately the Supreme Court of Ohio determined that, under those circumstances, because the claimant already had mesothelioma at the time he left his employment, he should remain eligible for an award of PTD compensation.