'Consistent With' Finding Can't Activate Claim; Case Elevated Anyway

CLEVELAND - A silica case that was administratively dismissed because it didn't meet the court's impairment requirements has been reinstated to active status after the plaintiff provided medical information sufficient to show that he is suffering from silicosis. Mastrobuono v. Air Liquide America, et al., No. CV-04-538446 (Ohio Comm. Pls., Cuyahoga Cty.).

Justice Francis E. Sweeney ordered the case back onto the Cuyahoga County Common Pleas Court's active silica docket on Nov. 26, determining that plaintiff Donald Mastrobuono has provided prima facie evidence of silicosis, despite defense claims that none of Mastrobuono's doctors definitively diagnosed him with the disease.

Mastrobuono's …