COLUMBUS, Ohio—A law restricting injured workers' ability to sue their employers in intentional tort cases is constitutional, Ohio's Supreme Court has ruled in separate cases.
In Rose Kaminski vs. Metal & Wire Products Co., the court ruled Tuesday that an “employer intentional tort statute” enacted in 2005 “appears to harmonize” Ohio law with employer intentional tort law and the exclusive remedy of workers comp statutes common in other states.
The ruling overturned a state appellate court finding that the intentional tort law is unconstitutional “in its entirety” in a case brought by Ms. Kaminski, a metal press operator.
An 800-pound coil of steel fell in a 2005 accident, injuring her legs and feet and preventing her from returning to work, court records state. She received workers comp benefits but also sued, alleging her employer committed an intentional tort—or that the employer intended to injure the worker or believed an injury was certain to occur.
The Ohio Supreme Court said the state's General Assembly “is not constitutionally proscribed from legislating in this area.” It reinstated a trial court's summary judgment in favor of the employer, which ultimately discharged Ms. Kaminski “because no other position was available.”
In Carl Stetter et al. vs. R.J. Corman Derailment Services L.L.C. et al., the Ohio Supreme Court ruled on challenges to the intentional tort law, saying it does not violate several states' constitutional provisions.
For instance, the statute does not violate a trial-by-jury provision, the separation-of-powers doctrine or a due-course-of-law provision, the court ruled.
Stetter involved an employee who was injured in 2006 and also received workers comp benefits.
In both cases, the Ohio high court ruled 6-1 with Justice Paul E. Pfeifer dissenting. In his Kaminski dissent, he said the court essentially endorsed the General Assembly's abolition of the state's workplace intentional tort law.







Loading comments...
