X-Ray Revealing Asbestos Exposure May Not Qualify as Treatment, Diagnosis Court Rules

YOUNGSTOWN, Ohio - An X-ray showing significant history of asbestos exposure consistent with asbestosis may not trigger the two-year statute of limitations for filing a claim related to the alleged injury, a state appeals court recently ruled. Dombelek, et al. v. Administrator, Bureau of Workers' Compensation, et al. No. 02 CA 39 (Ohio Ct. App., Seventh Dist.).

In a September 23 decision reversing an award of summary judgment to Ohio's Workers' Comp Administrator, the Seventh District of the Ohio Court of Appeals ruled that issues of fact remain as to whether the X-rays constituted a starting date of treatment, or …