WORKERS' COMPENSATION High court ruling favors Trumbull man

The man claimed he contracted asbestosis while working at LTV Steel Co.
By MICHELE C. HLADIK
VINDICATOR CORRESPONDENT
COLUMBUS -- A Trumbull County man is entitled to have reasonable expert witness fees paid by the Ohio Bureau of Workers' Compensation, the Ohio Supreme Court ruled Wednesday.
The high court unanimously decided workers' compensation claimants who successfully appeal a denial of benefits by their employer or the state are entitled to reimbursement of reasonable expert witness fees.
"The testimony of a medical expert is vital to a workers' compensation claimant's being able to prove that his or her injuries meet the requirements for participation in the Workers' Compensation fund," wrote Justice Francis Sweeney in the high court's decision.
"Consequently, we hold that an expert witness's fee for live in-court testimony is a reimbursable cost of legal proceedings subject to the trial court's determination that the fee is reasonable."
The decision stems from the case of Trumbull County resident John Schuller, who filed a claim after reportedly contracting asbestosis from years on the job at former LTV Steel Co.
Evolution of case
Schuller's claim was originally denied by the company and the bureau, but he won on appeal to Trumbull County Common Pleas Court.
The lower court, however, denied Schuller's request for $5,000 in expert witness fees.
The 11th District Court of Appeals decided Schuller should be granted a portion of those fees for video testimony but not for live testimony presented during the trial.
The decision was appealed to the Ohio Supreme Court earlier this year.
In its decision, the high court cited other Ohio appellate courts that found in favor of the claimants and stated the live testimony may be found more favorable for a variety of reasons. Denying the reimbursement of those fees "would create a fundamental unfairness to claimants," Justice Sweeney wrote.