Court Reinstates Dispute Over Occupational 'Injury' or 'Disease'

NEW PHILADELPHIA, Ohio - An Ohio appellate court has reinstated a worker's claim for benefits for occupational asthma, saying the trial court erred in finding it lacked jurisdiction to consider a claim for an occupational "disease" rather than "injury." Dewalt v. Tuscarawas County Health Department, et al., No. 2008 AP 06 0045 (Ohio Ct. App., 5th Dist.).

Ohio's Fifth Appellate District on May 20 reversed a trial court decision to dismiss the occupational asthma claim filed by Deborah Dewalt in January 2007.

Dewalt, an employee of the Tuscarawas County Health Department, filed a claim in 2006 for disability benefits for …