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Judge Could Deny Asbestosis Claim Based on Opinion of Doctor Who Never Examined Worker

By WorkCompCentral

Wednesday, August 1, 2018 | 0

An Ohio appellate court ruled that a trial judge properly relied on the medical opinion of a doctor who had never examined a worker seeking benefits for asbestosis to deny the claim. Case: Bennett v. The Scotts Miracle-Gro Co., No. 14-18-04, 07/30/2018, published. Facts and procedural history: James Bennett began working for the Scotts Miracle-Gro Co. in 1967 and continued with the company until 2009. During that time, he was exposed to asbestos. In 2004, Bennett was diagnosed with "pleural plaque" as a result of his asbestos exposure. Bennett filed a workers' compen...

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