Court Affirms Summary Judgment, Rules Plaintiff Failed to Submit Proper Medical Evidence

AKRON, Ohio -- An Ohio Court of Appeals has affirmed an award of summary judgment to defendant DaimlerChrysler Corp. after finding the plaintiff alleging exposure to asbestos produced evidence that only satisfied one of the three requirements for collecting workers' comp benefits. Esters v. DaimlerChrysler Corp., et al., No. 22030 (Ohio Ct. App., 9th Dist.).

In a Sept. 1 decision, the Ohio 9th District Court of Appeals rejected plaintiff Buddy Esters' contention that the reason he was never seen by a state specialist was because no such exam was scheduled. In doing so, the Court of Appeals found that because …