2013 Ohio 1725
Ohio Ct. App.2013Background
- McMillan sustained an on-the-job injury in 2010 while employed by Global Freight Management, Inc.
- McMillan's workers’ compensation claim was allowed and later amended on May 11, 2011 to include additional conditions.
- McMillan was terminated from Global Freight on May 16, 2011.
- McMillan filed a common pleas court complaint alleging retaliatory discharge under R.C. 4123.90 and seeking remedies beyond reinstatement with back pay.
- The trial court dismissed the statutory claim for lack of ninety-day notice and granted summary judgment on a lack of a viable common-law remedy; the court of appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a common-law public policy claim exists outside R.C. 4123.90 remedies | McMillan relies on Sutton to support a broader common-law remedy beyond reinstatement with back pay | R.C. 4123.90 provides the exclusive remedy; Sutton does not create additional remedies | No; remedies are limited to reinstatement with back pay under R.C. 4123.90 |
Key Cases Cited
- Sutton v. Tomco Machining, Inc., 129 Ohio St.3d 153 (Ohio Supreme Court, 2011) (recognizes a common-law claim when injury precedes claim but confirms remedies remain within statute)
- Bickers v. W. & S. Life Ins. Co., 116 Ohio St.3d 351 (Ohio Supreme Court, 2007) (statutory exclusive remedy for retaliatory discharge limits common-law actions)
- Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (Ohio Supreme Court, 1996) (summary-judgment standard and burden-shifting framework)
- Dresher v. Burt, 75 Ohio St.3d 280 (Ohio Supreme Court, 1996) ( Civ.R. 56 burden on movant and nonmoving party requirements)
- Temple v. Wean United, Inc., 50 Ohio St.2d 317 (Ohio Supreme Court, 1977) (summary-judgment standard and burden-shifting framework)