Ohio Court Finds Expert's Testimony Unpersuasive

COLUMBUS, Ohio - An Ohio appellate panel has vacated an order denying workers benefits to a woman alleging work-related asthma and breathing disorder, saying the expert report relied on by the magistrate judge was not sufficiently reliable. Tisher v. Industrial Commission of Ohio, et al., No. 09AP-59 (Ohio Ct. App., 10th Dist.).

The Tenth Appellate District said in its Nov. 24 majority decision that the Industrial Commission magistrate should reconsider his conclusions of law without relying on a report submitted by a medical expert retained by the claimant's employer.

Karin A. Tisher alleged in a claim for benefits that fumes …