Ohio Appellate Court Upholds Denial of Workers’ Compensation Benefits in Asbestosis Case

MARYSVILLE, Ohio –– An Ohio appellate court has affirmed the denial of benefits in an asbestosis case, finding that it could not find that the trial court had “clearly lost its way,” when concluding that the diagnosis could not be legally supported.

In the July 30 opinion, the Ohio Court of Appeals, Third Appellate District, Union County, rejected the plaintiffs’ position that the trial court had erroneously relied on testimony from an expert who had not personally examined the plaintiff.

James R. Bennett filed a workers’ compensation claim, contending that he was exposed to asbestos while working for Scotts Miracle-Gro …