By Rebecca Kopp Levine, JD, Porter Wright Morris & Arthur LLP
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Ohio law has long held that an employee’s particular health conditions, personal frailties, and peculiar susceptibilities do not prohibit her from having a compensable work injury when the injury occurred in the course of and arising out of her employment.
The Sixth Appellate District Court recently reaffirmed this standard when it ruled that an employee is not denied a compensable claim merely because her physical fitness at the time of the work incident rendered her more susceptible to the injury than an otherwise healthy individual.