Arnett v. Precision Strip, Inc.
2012 Ohio 2693
Ohio Ct. App.2012Background
- Arnett filed suit in 2011 alleging retaliatory termination by Precision Strip after his 2009 workers’ compensation claim.
- Arnett claimed he was employed 2006–2009 and was terminated around June 2009 in retaliation for filing a workers’ comp claim.
- Arnett asserted a common-law public-policy wrongful discharge claim and a separate claim under R.C. 4123.90 (workers’ compensation retaliation).
- Precision moved to dismiss under Civ.R. 12(B)(6) arguing timeliness under R.C. 4123.90 and derivative nature of the public-policy claim.
- Trial court granted dismissal, holding R.C. 4123.90 is the exclusive remedy and the public-policy claim was untimely/dismissible as derivative.
- On appeal, the court affirmed, adopting Bickers and Sutton-based limitations, concluding no independent common-law public-policy claim exists when a workers’ compensation remedy applies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Arnett can maintain a common-law public-policy wrongful-discharge claim. | Arnett asserts a valid public-policy claim not preempted by workers’ compensation. | R.C. 4123.90 provides the exclusive remedy; the public-policy claim is derivative or untimely. | Precluded; exclusive remedy applies and public-policy claim barred. |
Key Cases Cited
- Bickers v. W. & S. Life Ins. Co., 116 Ohio St.3d 351 (Ohio Supreme Court, 2007) (exclusive remedy precludes common-law wrongful discharge when related to workers’ comp; syllabus governs)
- Sutton v. Tomco Machining, Inc., 129 Ohio St.3d 153 (Ohio Supreme Court, 2011) (limited exception to Bickers for retaliatory action before/without filing workers’ comp claim)
- Kamrath v. Industrial Comm., 118 Ohio St. 1 (Ohio Supreme Court, 1922) (establishes framework for workers’ compensation system supremacy)
- Weigandt v. Industrial Comm., 102 Ohio St. 1 (Ohio Supreme Court, 1921) (recognizes balance via statutory compensation scheme)
- Coolidge v. Riverdale Local School Dist., 100 Ohio St.3d 141 (Ohio Supreme Court, 2003) (public policy limits in workers’ compensation context)