Ohio Revised Code Search

... a malignant tumor in which the primary site of origin of the cancer is inside the lungs. (M) "Mixed dust" means a mixture of dusts composed of silica and one or more other fibrogenic dusts capable of inducing pulmonary fibrosis if inhaled in sufficient quantity. (N) "Mixed dust disease claim" means any claim for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way...

...on a medical examination and pulmonary function testing of the exposed person, that both of the following apply to the exposed person: (a) The exposed person has a permanent respiratory impairment rating of at least class 2 as defined by and evaluated pursuant to the AMA guides to the evaluation of permanent impairment. (b) The exposed person has silicosis based at a minimum on radiological or pathological evidence...

...on a medical examination and pulmonary function testing of the exposed person, that both of the following apply to the exposed person: (a) The exposed person has a permanent respiratory impairment rating of at least class 2 as defined by and evaluated pursuant to the AMA guides to the evaluation of permanent impairment. (b) The exposed person has mixed dust pneumoconiosis, based at a minimum on radiological or path...

...se shall be afforded a reasonable opportunity, upon the defendant's motion, to challenge the adequacy of the proffered prima-facie evidence of the physical impairment for failure to comply with the minimum requirements specified in division (B), (C), or (D) of section 2307.85 or division (B), (C), or (D) of section 2307.86 of the Revised Code, whichever is applicable. The defendant has one hundred twenty days from th...

...through the exercise of reasonable diligence should have discovered, that the person has a physical impairment due to a nonmalignant condition. A silicosis claim or a mixed dust disease claim based upon a nonmalignant condition that is filed before the cause of action pursuant to this division arises is preserved for purposes of the period of limitations. (B) A silicosis claim or a mixed dust disease claim that aris...

...st prove by a preponderance of the evidence that the premises owner knew or should have known that the levels of silica or mixed dust in the immediate breathing zone of the plaintiff regularly exceeded the threshold limit values adopted by this state and that the premises owner allowed that condition to persist. (C)(1) A premises owner is presumed to be not liable for any injury to any invitee who was engaged ...

...teria for compensable claims or demands under a trust established pursuant to a plan of reorganization under Chapter 11 of the United States Bankruptcy Code, 11 U.S.C. Chapter 11, to make a claim or demand against that trust. (B) Sections 2307.84 to 2307.90 of the Revised Code shall not affect the scope or operation of any workers' compensation law or veterans' benefit program or the exclusive remedy of subrogation ...

...t of the tortious act of one or more defendants, in order to maintain a cause of action against any of those defendants based on that injury or loss, the plaintiff must prove that the conduct of that particular defendant was a substantial factor in causing the injury or loss on which the cause of action is based. (B) A plaintiff in a tort action who alleges any injury or loss to person resulting from exposure to sil...

...ctrine of piercing the corporate veil unless the person seeking to pierce the corporate veil demonstrates all of the following: (1) The holder exerted such control over the covered entity that the covered entity had no separate mind, will, or existence of its own. (2) The holder caused the covered entity to be used for the purpose of perpetrating, and the covered entity perpetrated, an actual fraud on the person se...

...l diffuse interstitial fibrosis of the lungs caused by inhalation of asbestos fibers. (E) "Board-certified internist" means a medical doctor who is currently certified by the American board of internal medicine. (F) "Board-certified occupational medicine specialist" means a medical doctor who is currently certified by the American board of preventive medicine in the specialty of occupational medicine. (G) "Board-c...

...on a medical examination and pulmonary function testing of the exposed person, that all of the following apply to the exposed person: (a) The exposed person has a permanent respiratory impairment rating of at least class 2 as defined by and evaluated pursuant to the AMA guides to the evaluation of permanent impairment. (b) Either of the following: (i) The exposed person has asbestosis or diffuse pleural thickening...

...se shall be afforded a reasonable opportunity, upon the defendant's motion, to challenge the adequacy of the proffered prima-facie evidence of the physical impairment for failure to comply with the minimum requirements specified in division (B), (C), or (D) of section 2307.92 of the Revised Code. The defendant has one hundred twenty days from the date the specified type of prima-facie evidence is proffered to challen...

...on relating to the information required under division (A) of this section. (B) The sworn statement required under division (A) of this section is in addition to other requirements for asbestos claims under sections 2307.91 to 2307.98 of the Revised Code. (C) A plaintiff in a tort action alleging an asbestos claim has a continuing duty to supplement the information that is required to be disclosed under division ...

... nonmalignant condition. (C) No settlement of an asbestos claim for a nonmalignant condition that is concluded after the effective date of this section shall require, as a condition of settlement, the release of any future claim for asbestos-related cancer.

...ust prove by a preponderance of the evidence that the premises owner knew or should have known that the levels of asbestos in the immediate breathing zone of the plaintiff regularly exceeded the threshold limit values adopted by this state and that the premises owner allowed that condition to persist. (3)(a) A premises owner is presumed to be not liable for any injury to any invitee who was engaged to work with, ins...

...teria for compensable claims or demands under a trust established pursuant to a plan of reorganization under Chapter 11 of the United States Bankruptcy Code, 11 U.S.C. Chapter 11, to make a claim or demand against that trust. (B) Sections 2307.91 to 2307.95 of the Revised Code shall not affect the scope or operation of any workers' compensation law or veterans' benefit program or the exclusive remedy of subrogation ...

...de, 11 U.S.C. 524(g), or other applicable provision of law, that are formed for the purpose of compensating claimants asserting eligible asbestos claims, and that are in existence on the date initially set for trial in the asbestos tort action. (D) "Asbestos trust claim" means any claim for compensation by an exposed person or the exposed person's representative against any asbestos trust. (E) "Cancer" means ...

...erwise barred or deferred under applicable law or within thirty days of the effective date of this section with respect to an asbestos tort action that is pending on that effective date and in which discovery has commenced, a claimant shall provide to all of the parties in the action a sworn statement by the claimant, under penalty of perjury, identifying all existing asbestos trust claims made by or on behalf ...

...y file a motion to stay the proceedings under division (A) of this section within seven days of receiving the additional asbestos exposure information. (C)(1) Within fourteen days after the filing of the defendant's motion for an order to stay the proceedings under division (A) of this section, the claimant may do any of the following: (a) File the asbestos trust claims with or submit them to the asbestos tru...

...vised Code. If a claimant previously filed a noncancer asbestos trust claim with, or submitted a noncancer asbestos trust claim to, an asbestos trust and subsequently filed an asbestos tort action based on a cancer asbestos claim, a cancer asbestos trust claim that is subject to disclosure under section 2307.952 or 2307.953 of the Revised Code or is identified in this section means both the earlier filed nonca...

...t of the tortious act of one or more defendants, in order to maintain a cause of action against any of those defendants based on that injury or loss, the plaintiff must prove that the conduct of that particular defendant was a substantial factor in causing the injury or loss on which the cause of action is based. (B) A plaintiff in a tort action who alleges any injury or loss to person resulting from exposure to asb...

... domestic corporation that is organized under the laws of this state; (b) A foreign corporation that is organized under laws other than the laws of this state and that has had a certificate of authority to transact business in this state or has done business in this state. (4) "Successor" means a corporation or a subsidiary of a corporation that assumes or incurs, or had assumed or incurred, successor asbestos-rela...

...ctrine of piercing the corporate veil unless the person seeking to pierce the corporate veil demonstrates all of the following: (1) The holder exerted such control over the covered entity that the covered entity had no separate mind, will, or existence of its own. (2) The holder caused the covered entity to be used for the purpose of perpetrating, and the covered entity perpetrated, an actual fraud on the person se...

...an" means a loan or agreement to extend credit, including the renewal, refinancing, or modification of such a loan or agreement, that is made to a person and that is primarily secured by a mortgage, deed of trust, or other lien upon any interest in residential property or any certification of stock or other evidence of ownership in, and a proprietary lease from, a corporation or partnership formed for the purpose of ...

...court to proceed in an expedited manner under this section on the basis that the property is vacant and abandoned. In order to proceed in an expedited manner, upon the filing of such motion, the mortgagee must be a person entitled to enforce the instrument secured by the mortgage under division (A)(1) or (2) of section 1303.31 of the Revised Code or a person with the right to enforce the obligation secured by the mor...