Employment Cases: Immunity from Suit (Court of Appeals)

Ohio Workers’ Compensation Decisions
(Court of Appeals)

Employment: Immunity from Suit

Select the case name to read the decision on the Ohio Supreme Court’s web site. For other issues, see our topic index to Ohio workers’ compensation decisions.

Cowan v. Interdyne Corp. (2/25/13)

When the customer of an employment agency controlled the employee’s day-to-day work tasks, R.C. 4123.74 grants the customer immunity from a lawsuit filed by the employee.

Vote: 3-0
Opinion by: Judge Preston
Appellate District: 3

Hornyak v. Reserve Alloys L.L.C. (12/29/16)

Where it is not clear that defendant company in lawsuit was the employer who contracted with a temporary agency for injured worker’s services, defendant company is not entitled to summary judgment due to workers’ compensation immunity because only an employer who pays workers’ compensation premiums (either directly or indirectly) is entitled to immunity.

Vote: 3-0
Opinion by: Judge Kilbane
Appellate District:
 8

Houston v. Morales (4/19/18)

Fellow employee immunity barred suit against co-employee who caused accident which occurred in the course of, and arising out of, employment.

Vote: 3-o
Opinion by: Kilbane 
Appellate District:
8

Kenney v. Ables (4/26/16)

Coemployee has immunity under R.C. 4123.741 from a tort suit arising out of actions which occurred in the course of and arising out of the employment from both a tort suit by the injured party and a derivative loss of consortium suit by the injured party’s spouse.

Vote: 3-0
Opinion by: Judge Hoffman
Appellate District:
5

Kobak v. Sobhani (1/6/11)

A motorist who was also a co-employee is entitled to immunity under R.C. 4123.741 for an injury which occurred in an employer-controlled parking garage when the injured employee was on her way into work when she was struck by the co-employee who was leaving work.

Vote: 3-0
Opinion by: Judge Kilbane
Appellate District: 8

Prewitt v. Alexson Servs., Inc. (8/25/08)

Employer is not entitled to immunity under R.C. 4123.74 from lawsuit resulting from rape by a co-employee.

Vote: 3-0
Opinion by: Judge Bressler
Appellate District: 12

Rogan v. Brown (10/23/06)

Definition of employee in R.C. 4123.01(A)(1)(c) only applies to determination of construction employment issues where there is a question of whether an individual is an independant contractor, not to determination of whether an individual is a loaned employee.

Vote: 3-0
Opinion by: Judge Young
Appellate District: 12

Sanders v. Fridd (5/25/10)

R.C. 4123.741 only provides immunity from a lawsuit where both parties involved in incident were in the course and scope of their employment.

Vote: 3-0
Opinion by: Judge Klatt
Appellate District: 10

Saunders v. Holzer Hosp. Found. (3/4/08)

Employer in negligence suit not entitled to summary judgment based on workers’ compensation immunity where evidence did not establish that there was no issue of fact as to whether injury during physical therapy sessions conducted at employer-hospital’s factility occurred in the course of and arising out of employment.

Vote: 2-0, 1 not participating
Opinion by: Per Curiam
Appellate District: 4

Sellers v. Liebert Corp. (8/10/06)

R.C. 4123.74 does not provide a company with immunity from a lawsuit when the company contracted for the services of the injured worker from a third party which retained control over, and supervision of, the injured worker.

Vote: 3-0
Opinion by: Judge Whiteside
Appellate District: 10

Thomas v. PSC Metals, Inc. (4/26/18)

Customer of temporary agency entitled to workers’ compensation immunity from suit filed by worker who had been injured after temporary agency placed him in job at customer’s site.

Vote: 3-o
Opinion by: Boyle
Appellate District:
8

Wolf v. Big Lots Stores, Inc. (4/17/08)

Worker who was hired and paid by one employer and then contracted out to a second employer was an employee of the second employer under the “dual employment” doctrine when the second employer controlled the worker’s day-to-day employment duties; therefore R.C. 4123.74, which provides an employer which provides workers’ compensation coverage with immunity from a negligence suit applies to second employer.

Vote: 3-0
Opinion by: Judge Deshler
Appellate District: 10