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information is provided courtesy of the Ohio Workers'
Compensation Bulletin. For information about the Bulletin
click
here.
Previous
Version of Subrogation Statute Declared Unconstitutional
Modzelewski v. Yellow Freight Systems, Inc. (2/26/03),
Summit App. No. 21205, 2003-Ohio-827:
In
this case another Court of Appeals has found that the version of R.C.
§
4123.93, the subrogation statute which existed before the subrogation
statute
declared unconstitutional by the Supreme Court in Holeton v. Crouse
Cartage Co. (2001), 92 Ohio St.3d 115, WCB July 2001, is also
unconstitutional. [To read about the Holeton decision, click here.]
Previous decisions declaring the former
R.C. § 4123.93 subrogation statute unconstitutional include:
- Yoh v. Schlachter (6/28/02), Williams
No. WM-01-017, 2002-Ohio-3431 and
- Giles v. Schindler Elevator Corp. (10/18/01),
Cuyahoga No. 78082 (click here to
read about Giles).
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