Trial Practice Cases: Subrogation (Supreme Court)

Ohio Workers’ Compensation Decisions
(Supreme Court)

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.

Bur. Of Workers’ Comp. v. Verlinger (4/19/18)

Injured worker was “claimant” for subrogation purposes even though her claim had been disallowed when third party claim settled because the denial was not final and she remained eligible to receive workers’ compensation benefits.

Vote: 7-0
Opinion by: O’connor

Groch v. Gen. Motors Corp. (2/21/08)

Workers’ compensation subrogation statute does not violate the Ohio Constitution’s takings clause (Art. I, Sec. 19), due process and remedies clause (Art. I, Sec. 16), or equal protection clause (Art. I, Sec. 2).

Vote: 4-0, 1 concurs in answers to certified questions only, 1 concurs in answers to certified questions and concurs in opinion in part, 1 concurs in part and dissents in part
Opinion by: O’Connor

Holeton v. Crouse Cartage Co. (6/27/01)

Subrogation statute, R.C. 4123.931, declared unconstitutional.

Vote: 4-3
Opinion by: Justice Resnick

Laidlaw Waste Sys., Inc. v. Consol. Rail Corp. (5/12/99)

Effective date of former R.C. 4123.93 (dealing with subrogation) was October 20, 1993.

Vote: 4-3
Opinion by: Justice Lundberg Stratton

Modzelewski v. Yellow Freight Sys., Inc. (5/26/04)

Former subrogation statute (R.C. 4123.93) is unconstitutional.

Vote: 3-2, 2 concur in judgment
Opinion by: Justice Resnick

Ohio Bur. of Workers’ Comp. v. McKinley (9/7/11)

Six year statute of limitations applies to a claim by an R.C. 4123.931 statutory subrogee seeking to recover its subrogation interest.

Vote: 6-0, 1 concurs in judgment
Opinion by: Cupp