18 Ohio St. 3d 138 | Ohio | 1985
Lead Opinion
Today, in Balyint v. Arkansas Best Freight System, Inc. (1958), 18 Ohio St. 3d 126, we held at page 130:
*139 “[A]n employee of a self-insured employer may maintain a cause of action against the employer for the intentional and wrongful termination of workers’ compensation payments.”
We also stated in Balyint, supra, at 130, that:
“* * * [T]o the extent that appellees’ present common-law action overlaps a claim under R.C. 4123.90, appellees are free to select the remedy best calculated to afford the greatest recovery. The expiration of the statute of limitations set forth in R.C. 4123.90 is, therefore, inconsequential.” (Footnote omitted.)
Having rejected the same argument advanced by appellee herein as that advanced in Balyint, supra, this court hereby reverses the judgment of the court of appeals and remands the cause to the trial court for further proceedings.
Judgment reversed and cause remanded.
Concurrence Opinion
concurring. I concur in the judgment in this case based upon the reasoning contained in my concurring opinion as expressed in Balyint v. Arkansas Best Freight System, Inc. (1985), 18 Ohio St. 3d 126, 131-133.
Concurrence Opinion
concurring. I concur in the judgment of the majority but only based on the same reasoning and upon the same condition as expressed in my concurring opinion in Balyint v. Arkansas Best Freight System, Inc. (1985), 18 Ohio St. 3d 126, 133-134.
Dissenting Opinion
dissenting. I dissent based upon the same reasoning as articulated in my dissenting opinion in Balyint v. Arkansas Best Freight System, Inc. (1985), 18 Ohio St. 3d 126, 136-137.
Dissenting Opinion
dissenting. I dissent for the reasons stated in my dissenting opinion in Balyint v. Arkansas Best Freight System, Inc. (1985), 18 Ohio St. 3d 126, 134-135.
Dissenting Opinion
dissenting. I dissent herein based on the commentary set forth in my dissenting opinions in Blankenship v. Cincinnati Milacron Chemicals (1982), 69 Ohio St. 2d 608, 621 [23 O.O.3d 504]; Jones v. VIP Development Co. (1984), 15 Ohio St. 3d 90, 103; Bradfield v. Stop-N-Go Foods, Inc. (1985), 17 Ohio St. 3d 58; and Balyint v. Arkansas Best Freight System, Inc. (1985), 18 Ohio St. 3d 126, 135-136.
