State ex rel. Burnett v. Industrial Com'n of Ohio, No. 82-1254
| Court | United States State Supreme Court of Ohio |
| Writing for the Court | PER CURIAM; FRANK D. CELEBREZZE |
| Citation | 6 Ohio St.3d 266,452 N.E.2d 1341 |
| Decision Date | 24 August 1983 |
| Docket Number | No. 82-1254 |
| Parties | , 6 O.B.R. 332 The STATE, ex rel. BURNETT, Appellant, v. INDUSTRIAL COMMISSION OF OHIO et al., Appellees. |
Page 266
v.
INDUSTRIAL COMMISSION OF OHIO et al., Appellees.
Appellant, Dorothy Burnett, is the surviving spouse of Orville E. Burnett, who was employed as a construction pipefitter from 1946 to 1977. Burnett worked through a union hall and was hired by numerous employers for varying periods of time. It is alleged that Mr. Burnett was required to work with and around asbestos which was used as insulation on pipes and that most, if not all of the employers for whom he worked, were amenable to Ohio's workers' compensation laws.
In November 1977, Burnett was diagnosed as having asbestosis and was unable [452 N.E.2d 1342] to continue working. At the time, he had been employed by appellee Peck-Hannaford & Briggs Co. ("Peck-Hannaford") for five and one-half months. He filed an occupational disease claim with appellee Industrial Commission
Page 267
of Ohio ("commission"). The Claimant's Report of Occupational Disease form filed by Burnett requested the names and addresses of all other employers and dates of employment where he was exposed to the substance which allegedly caused his disease. Burnett responded to that request as follows: "After 31 + years in this business and working for an untold number of employers per year this would be a great task and would take some time to accomplish. All work was performed for Hamilton & Cinti [sic ] contractors."On July 2, 1978, before Burnett's claim had been ruled upon by the commission, he died of mesothelioma, a form of cancer caused by exposure to asbestos fibers. In August 1978, appellant filed a claim for death benefits which was consolidated with her husband's prior claim. One of the application forms requested the names and addresses of Burnett's employers during the five years preceding his death. Appellant left that item blank. Apparently, the commission never requested appellant to furnish further information concerning her husband's employers, and after a hearing on December 26, 1979, the claim for death benefits was allowed. The regional board of review affirmed the order.
Upon appeal to the commission, Peck-Hannaford presented statements and affidavits of its employees stating that Burnett was not exposed to asbestos at any of the jobs he performed during his five and one-half months of employment with them. The commission reversed the award and denied...
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...is compensable regardless of where the employee is when symptoms appear. See, e.g., State ex rel. Burnett v. Indus. Comm. (1983), 6 Ohio St.3d 266, 6 OBR 332, 452 N.E.2d 1341. Stivison's injury is not analogous to the heart attack in Ryan because there was no workplace effect on Stivison co......
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...at 383, 700 N.E.2d 12 (crime-fraud); Moskovitz, 69 Ohio St.3d at 661-663, 635 N.E.2d 331 (crime-fraud and lack of good faith); Lemley, 6 Ohio St.3d at 266, 6 OBR 324, 452 N.E.2d 1304 (cooperation in wrongdoing). {¶ 47} In deciding Jackson and McDermott, we did not cast aside the well-establ......
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George E. Ingram v. James Conrad, Administrator, Bureau of Workers' Compensation, and Athens Plastics, Inc., 01-LW-5285
...Baechel v. Sears, Roebuck and Co. (1994), 98 Ohio App.3d 365, 368, 648 N.E.2d 593 (citing State ex rel. Burnett v. Indus. Comm. (1983), 6 Ohio St.3d 266, 268, 452 N.E.2d 1341). In Koons v. University of Akron (1992), 82 Ohio App.3d 94, 611 N.E.2d 458, the court concluded that the employee f......
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Schwan v. Riverside Methodist Hosp., No. 82-234
...v. Galveston (1955), 154 Tex. 192, 275 S.W.2d 951, as follows: "Legislative action withdrawing common-law remedies for well established [452 N.E.2d 1341] common-law causes of action for injuries to one's 'lands, goods, person or reputation' is sustained only when it is reasonable in substit......
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Stivison v. Goodyear Tire & Rubber Co., No. 96-1411
...is compensable regardless of where the employee is when symptoms appear. See, e.g., State ex rel. Burnett v. Indus. Comm. (1983), 6 Ohio St.3d 266, 6 OBR 332, 452 N.E.2d 1341. Stivison's injury is not analogous to the heart attack in Ryan because there was no workplace effect on Stivison co......
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Squire, Sanders & Dempsey, L.L.P. v. Givaudan Flavors Corp., No. 2009-1321.
...at 383, 700 N.E.2d 12 (crime-fraud); Moskovitz, 69 Ohio St.3d at 661-663, 635 N.E.2d 331 (crime-fraud and lack of good faith); Lemley, 6 Ohio St.3d at 266, 6 OBR 324, 452 N.E.2d 1304 (cooperation in wrongdoing). {¶ 47} In deciding Jackson and McDermott, we did not cast aside the well-establ......
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George E. Ingram v. James Conrad, Administrator, Bureau of Workers' Compensation, and Athens Plastics, Inc., 01-LW-5285
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Schwan v. Riverside Methodist Hosp., No. 82-234
...v. Galveston (1955), 154 Tex. 192, 275 S.W.2d 951, as follows: "Legislative action withdrawing common-law remedies for well established [452 N.E.2d 1341] common-law causes of action for injuries to one's 'lands, goods, person or reputation' is sustained only when it is reasonable in substit......