Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Advocates
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Advocates
Judges

PEAVY, APPELLEE, v. FLOWERS, ADMR.; VALLEY MOULD IRON CORP., APPELLANT.

Workers' compensation — Compensable injury — Gradually worsening condition not includable.

Per Curiam.

The question before this court is whether the Court of Appeals correctly held that the appellee had suffered a compensable injury when the alleged injury developed gradually over an extended period of time. The issue presented in this cause is not one of first impression because the facts and issues presented here are essentially the same as those raised in Bowman v. National Graphics Corp. (1978), 55 Ohio St.2d 222.

In Bowman, supra, as in the instant cause, the claimant could not point to a specific incident which caused the ailment complained of, nor could he deny that his disability was the result of a gradually worsening condition. Therefore, we find that Bowman is controlling herein.

Accordingly, the judgment of the Court of Appeals is reversed.

Judgment reversed.

HERBERT, W. BROWN, P. BROWN and HOLMES, JJ., concur.

CELEBREZZE, C.J., SWEENEY and LOCHER, JJ., dissent on the basis of the dissenting opinion of SWEENEY, J., in Bowman v. National Graphics Corp. (1978), 55 Ohio St.2d 222, 226.

Use AI to get other relevant cases.

Comments

PEAVY v. FLOWERS
(Jun 20, 1979)