“Last Injurious Exposure” Principle

by Kara Dolan-West | Jan 10, 2015 | General Information

The restrictive statutes governing occupational disease require an injurious exposure in Ohio to support a finding that the claim is compensable. “Injurious exposure” can be defined as an exposure which proximately causes the disease, or an exposure which augments or aggravates a pre-existing disease.

The claimant need not prove an injurious exposure at the last place of employment, nor need the claimant prove that he or she contracted the disease while working for any particular employer. The determinative inquiry is whether the claimant has the right to participate in the state fund, not whether the claim is directed toward a particular employer. Only for purposes of assigning the risk does the Commission assign the risk to the employer with which the employee was subjected to the last injurious exposure.

Tags: last injurious exposure; injurious exposure; occupational disease