Medical Criteria Law Does Not Retroactively Apply to Claim

CLEVELAND, Ohio - A railroad worker's substantive rights would be violated if Ohio's asbestos medical criteria law were retroactively applied to his asbestos injury claim against his former employer, an Ohio appeals court has affirmed. Olson v. Consolidated Rail Corp., et al., No. 90790 (Ohio App., 8th Dist.).

Retroactive application of House Bill 292 would have prevented the plaintiff from pursuing all six of his causes of action stemming from his alleged exposure to various toxic substances, the Ohio Court of Appeals, 8th District, ruled on Dec. 18.

In 2004, Jeffrey Olson, a career railroad worker, sued Consolidated Rail Corp. …