Second Corroborating X-ray Caused Undue Delay of Compensation to Mesothelioma Victim, Ohio Supreme Court Rules

COLUMBUS, Ohio - A state Supreme Court has held that mesothelioma and asbestosis should be considered distinct diseases when applying a state workers' compensation guideline that requires a claim be accompanied by a qualified diagnosis before it can be paid. The State Ex Rel. Hubbard v. Industrial Commission of Ohio, et al., No. 2001-0201 (Ohio Sup. Ct.).

The state high court reached the decision Sept. 25 when it reversed the Ohio Industrial Commission, which refused to compensate the wife of an asbestos-exposed plaintiff for benefits that were delayed while her husband's claim was being processed.

Under state workers' compensation laws, …