Kellogg v. Mayfield

The Plaintiff worked as a typist at the Ohio Bureau of Workers’ Compensation for five years.  She had a history of chronic pulmonary conditions, bronchitis, allergies and bronchiectasis when she contracted a pulmonary infection (pneumonia) due to cold drafts and cigarette smoke in her workplace.  She applied for workers’ compensation benefits; a district hearing officer considered the matter both an injury and an occupational disease claim and concluded that she did not sustain an injury or contract an occupational disease in the course of, and arising out of, her employment.  The trial court granted summary judgment to her employer.  The Court of Appeals for the 12th Appellate District of Ohio affirmed the ruling, stating that her condition was just as likely to result from conditions outside the workplace.

595 N.E.2d 465, 72 Ohio App.3d 490 (Ohio Ct. App. 1991) No. CA90-03-061.