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Schuller v. US Steel Corp.9/26/2003
Judgment: Affirmed.
. Administrator James Conrad, on behalf of the Ohio Bureau of Workers' Compensation ("appellant"), appeals the June 6, 2002 judgment entry of the Trumbull County Common Pleas Court. In that entry, the trial court entered judgment on a jury verdict awarding John Schuller ("appellee") the right to participate in the State of Ohio's Workers' Compensation Fund. For the following reasons, we affirm the decision of the trial court in this matter.
. The following facts were taken from the testimony given at trial. On August 8, 1999, appellee filed a claim with the Ohio Bureau of Workers' Compensation alleging he suffered from the occupational disease known as asbestosis. Prior to filing the claim, appellee was employed by U.S. Steel from 1971-1980, Trumbull Memorial Hospital from 1980-1981, LTV Steel from 1981-1986, and General Motors Corporation from 1986 to the present. Appellee's claim was denied at the administrative level. As a result, appellee filed a notice of appeal and complaint with the trial court on February 1, 2001. In that appeal, appellee asserted that he developed asbestosis as a result of working for all of the above-mentioned employers. Subsequently, LTV and General Motors Corp. filed motions for summary judgment. In January of 2002, LTV declared bankruptcy and appellant became obligated to its claims. The trial court denied the motions for summary judgment on February 22, 2002.
. One day prior to trial, Trumbull Memorial Hospital and General Motors Corp. settled their claims with appellee. On the first day of trial, Defendant U.S. Steel was voluntarily dismissed as it also reached a settlement with appellee. As a result, the former LTV, now represented by appellant, was the only defendant to proceed to trial. At the close of appellee's case, both parties moved for a directed verdict on the issue of treatment for purposes of the statute of limitations defense under R.C. 4123.85. Appellant argued that appellee had been diagnosed in March of 1996, and that as a result, appellee's 1999 claim exceeded the two-year statute of limitations contained in R.C. 4123.85. In response, appellee argued that under R.C. 4123.85, there were three distinct events that triggered the running of the statute: diagnosis, treatment, and quitting work as a result of the occupational disease. Finding that there was no evidence of treatment, the trial court granted appellee's motion for a directed verdict on the issue.
. At the close of all evidence, appellant also requested that the jury be instructed as to the issue of "last injurious exposure." The trial court denied appellant's request. Subsequently, the jury returned a verdict in favor of appellee, granting him the right to participate in the workers' compensation fund as a result of his asbestosis. This timely appeal followed.
. During the pendency of the appeal, appellee filed a motion to dismiss for lack of standing/subject matter jurisdiction. On July 16, 2003, this court found that appellant has the proper standing to bring this appeal. Appellee's motion to dismiss was, therefore, overruled.
. Appellant asserts two assignments of error for our review:
. "[1.] The verdict should be overturned and/or the case remanded back to the trial court because the trial court erred in granting a directed verdict in favor of appellee and against appellant on the issue of treatment for purposes of the statute of limitations defense.
. "[2.] The trial court erred in failing to instruct the jury on the issue of last injurious exposure because the trial court had jurisdiction to resolve the issue."
. A motion for a directed verdict
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