Jacobs v. Teledyne, Inc.

529 N.E.2d 1255, 39 Ohio St. 3d 168, 1988 Ohio LEXIS 338
CourtOhio Supreme Court
DecidedOctober 26, 1988
DocketNo. 87-1297
StatusPublished
Cited by37 cases

This text of 529 N.E.2d 1255 (Jacobs v. Teledyne, Inc.) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jacobs v. Teledyne, Inc., 529 N.E.2d 1255, 39 Ohio St. 3d 168, 1988 Ohio LEXIS 338 (Ohio 1988).

Opinions

Locher, J.

The primary issue presented in this action is whether appellant’s 1984 claim for workers’ compensation benefits was properly rejected. We hold in the negative and reverse the judgment of the court of appeals.

As noted above, the court of appeals held that appellant’s 1984 claim was barred under the doctrine of res judicata. Both appellees echo this argument in their briefs. This court has applied the doctrine of res judicata to those administrative proceedings which are “ ‘of a judicial nature and where the parties have had an ample opportunity to litigate the issues involved in the proceeding ***.’” Set Products, Inc. v. Bainbridge Twp. Bd. of Zoning Appeals (1987), 31 Ohio St. 3d 260, 263, 31 OBR 463, 465, 510 N.E. 2d 373, 376, quoting Superior’s Brand Meats, Inc. v. Lindley (1980), 62 Ohio St. 2d 133, 16 O.O. 3d 150, 403 N.E. 2d 996, syllabus, and Consumers’ Counsel v. Pub. Util. Comm. (1985), 16 Ohio St. 3d 9, 16 OBR 361, 475 N.E. 2d 782.

“* * * In order for a prior decision to act as a bar there must be identity of [170]*170parties or their privies and identity of issues. * * * If the prior cause of action involves identical issues, then that prior cause of action is conclusive of the rights, questions and facts in issue as between the parties or their privies. If identical causes of action are involved, the prior action is res judicata. * * *” (Citation omitted.) State, ex rel. Westchester Estates, Inc., v. Bacon (1980), 61 Ohio St. 2d 42, 44, 15 O.O. 3d 53, 55, 399 N.E. 2d 81, 83. “The policy basis of res judicata is to assure an end to litigation, and prevent a party from being vexed twice for the same cause.” LaBarbera v. Batsch (1967), 10 Ohio St. 2d 106, 113, 39 O.O. 2d 103, 108, 227 N.E. 2d 55, 62.

In the cause subjudice, the court of appeals found that the 1973 decision of the bureau administrator had determined that appellant was not totally disabled and that he did not have a right to participate in the State Insurance Fund. The court ruled that the 1984 claim was barred by the doctrine of res judicata because the 1984 claim involved the same “injury” and same parties as were involved in the 1973 decision. We reject this analysis.

Appellant was still serving his employer as a foundry worker when he filed his occupational disease claim in 1972. He continued to work as a foundry worker for another eleven years. At the time of the original filing, R.C. 4123.68(Y) precluded compensation in any form for silicosis unless total disability or death resulted within eight years of the last injurious exposure. (137 Ohio Laws, Part II, 3934, 3958.)2 The administrator’s 1973 decision recognized that appellant had contracted silicosis and “approved” the claim, but denied any compensation because the silicosis had not caused total disability within eight years after appellant’s last injurious exposure. Indeed, total disability was lacking. Appellant was still able to perform as a foundry worker for Teledyne. Appellant argues he was attempting to protect his claim from being denied under the statute of limitations contained in R.C. 4123.85,3 after he learned that he had contracted silicosis. Nevertheless, the year 1972 turned out to be an inappropriate time to file a claim for silicosis when appellant still had the ability to perform his job at Teledyne. Essentially, the 1972 claim served no purpose. Regardless of whether it had been eight years’ or more since his last injurious ex[171]*171posure, there could be no finding of total disability.

The eight-year limit of R.C. 4123.68 was ruled unconstitutional by our decision in Caruso v. Aluminum Co. of America (1984), 15 Ohio St. 3d 306, 15 OBR 436, 473 N.E. 2d 818. However, in 1984, that section still required that those workers afflicted with silicosis experience total disability before occupational disease compensation could be awarded. When appellant filed his occupational disease claim in 1984, he was no longer active in the workforce. He asserts that he filed the claim in 1984 because he had become totally disabled due to silicosis.

“Where * * * there has been a change in the facts in a 'given action which either raises a new material issue, or which would have been relevant to the resolution of a material issue involved in the earlier action, neither the doctrine of res judicata nor the doctrine of collateral estoppel will bar litigation of that issue in a later action.” State, ex rel. Westchester Estates, Inc., supra, at 45, 15 O.O. 3d at 55, 399 N.E. 2d at 83.

While this claim may involve the same parties and similar issues, we find it to be highly significant that in 1984, as opposed to 1973, the hearing officer was faced with the appellant’s claim that he was totally disabled due to an occupational disease. In 1984, appellant had stopped working. It was no longer obvious that he was not totally disabled. Based on this change of facts alone, we find that the doctrine of res judicata does not apply to bar the claim filed in 1984.

Furthermore, fundamental fairness should dictate such a result. While res judicata does apply to administrative proceedings, it should be applied with flexibility. Independence v. Maynard (1985), 25 Ohio App. 3d 20, 25 OBR 92, 495 N.E. 2d 444. The doctrine should be qualified or rejected when its application would contravene an overriding public policy or result in manifest injustice. Tipler v. E.I. duPont deNemours & Co. (C.A. 6, 1971), 443 F. 2d 125. Silicosis is a gradually progressive disease, often taking years of exposure before reaching the point where total disability sets in, which is the only point at which it becomes compensable as an occupational disease.4 In Caruso, supra, we recognized that there is no “magical” time limit for the disease to take effect. Moreover, appellant did not sit on his rights when he contracted silicosis. This is not a case where a claimant failed to act by filing a late or defective claim. This is a case where a disease failed to cause total disability within a certain time. Appellant did not quit his job at Teledyne when he learned that he was suffering from silicosis. He continued to contribute to that company and amassed a total of thirty-nine years on the job. Now appellant claims that silicosis has caused his total disability and, consequently, he has filed an occupational disease claim for benefits. Fundamental fairness requires that such a claim be determined on its facts, not on legal technicalities. This result is consistent with this state’s public policy of construing the law liberally in favor of injured employees. See R.C. 4123.95.

In determining appellant’s 1984 claim on its facts, the district hearing officer treated the matter as an application to reactivate the 1972 claim. The hearing officer rejected the claim because more than six years had elapsed since the 1972 claim was filed and there had been no payment of compensation so as to continue the jurisdiction of the Industrial Commission pursuant to R.C. 4123.52. That section provides:

“The jurisdiction of the industrial [172]*172commission over each case shall be continuing, and the commission may-make such modification or change with respect to former findings or orders with respect thereto, as, in its opinion is justified.

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Cite This Page — Counsel Stack

Bluebook (online)
529 N.E.2d 1255, 39 Ohio St. 3d 168, 1988 Ohio LEXIS 338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jacobs-v-teledyne-inc-ohio-1988.