2014 Ohio 1569
Ohio Ct. App.2014Background
- Weisenauer worked for American Standard from 1971 and was diagnosed with silicosis on November 26, 2007.
- He continued working through December 2007, when the plant where he worked closed.
- Weisenauer filed for workers’ compensation benefits on November 3, 2010, alleging disability from the occupational disease.
- The claim was challenged as time-barred under R.C. 4123.85 by American Standard.
- Administrative proceedings held in 2012 concluded the claim was timely under White v. Mayfield.
- The Seneca County trial court granted summary judgment for American Standard, ruling the claim time-barred; the appellate court reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the claim was timely under 4123.85 | Weisenauer contends White v. Mayfield controls and renders timely. | American Standard argues the White framework and the record show time-barred. | Not time-barred; White timing applies; remanded |
Key Cases Cited
- White v. Mayfield, 37 Ohio St.3d 11 (1988) (disability date begins the limitations period; three-part White test)
- Heard v. Conrad, 138 Ohio App.3d 503 (7th Dist.2000) (default to later White date when third element uncertain)
- Davis v. Taylor & Bogus Foundry, 2003-Ohio-1832 (8th Dist.) (rejects automatic default when third date uncertain)
- DesMarais v. Strauss & Troy, 121 Ohio App.3d 125 (1st Dist.1997) (supports reading White to award timely filing when third date unattainable)