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Booher v. Conrad

8/4/2000

zard which distinguishes the employment in character from employment generally; and (3) the employment creates a risk of contracting the disease in a greater degree and in a different manner than in the public generally."


In granting summary judgment, the trial court concluded that, not only was the claim barred by res judicata, but that appellant had not satisfied the requirements to establish that she had suffered an occupational disease. Though appellant presented evidence that the injury was contracted through her employment, nowhere does she allege that the second requirement, that the disease was peculiar to her employment, or the third requirement, that she was at greater risk than the general public to contract the disease, needed to establish an occupational disease, were met. Appellant's assignment of error is without merit; therefore, the trial court did not err in granting summary judgment.


For the foregoing reasons, the judgment of the Geauga County Court of Common Pleas is affirmed.


JUDGE ROBERT A. NADER


FORD, P.J.,


CHRISTLEY, J., concur.




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