Summary
The Supreme Court of Ohio answered a certified state-law question concerning whether subcontractors enrolled in a self-insured construction-project workers’ compensation plan are immune from tort claims brought by employees of other enrolled subcontractors. The court held that Ohio Revised Code sections 4123.35 and 4123.74 provide such immunity when the injury, illness, or death is compensable under Ohio workers’ compensation law. Two justices dissented, concluding that the statute preserves tort claims against employees and employers of other enrolled subcontractors.
Topics
Practice areas
Questions Presented
- Whether R.C. 4123.35 and 4123.74 provide immunity to subcontractors enrolled in a self-insured construction-project plan from tort claims brought by employees of other enrolled subcontractors injured while working on the project.
Holdings
- Subcontractors enrolled in a self-insured construction-project plan are immune from tort claims brought by employees of other enrolled subcontractors who are injured or killed while working on the project, provided the injury, illness, or death is compensable under Ohio's workers' compensation law.
- When statutory language is unambiguous and definite, it must be applied as written, giving effect to all words and their natural and most obvious meaning.
Key quotations
“subcontractors enrolled in a self-insured-construction-project plan are immune from tort claims made by the employees of other enrolled subcontractors who are injured or killed while working on the self-insured construction project and whose injury, illness, or death is compensable under Ohio’s workers’ compensation law.” (¶ 2)
“Ohio’s workers’ compensation scheme provides immunity to subcontractors enrolled in a self- insured construction project from the claims of employees of other enrolled subcontractors who are injured or killed while working on the project, provided that the injury, illness, or death is compensable under Ohio’s workers’ compensation laws.” (¶ 27)
Factual background
Daniel Stolz worked as a concrete finisher for Jostin Construction at the Horseshoe Casino construction project in Cincinnati and was injured in a workplace accident. Messer Construction was the general contractor and had obtained authority to act as the self-insuring employer for the project under R.C. 4123.35(O), providing workers' compensation coverage for its own employees and employees of enrolled subcontractors, including Jostin, J & B Steel, D.A.G., and TriVersity. Stolz asserted negligence claims against Messer and several subcontractors, including the enrolled subcontractors that sought immunity under Ohio's workers' compensation laws.
Procedural history
Daniel Stolz brought negligence claims in federal court against a general contractor and several subcontractors after being injured at a construction project. The federal district court granted summary judgment to Messer Construction as the self-insuring employer but denied summary judgment to enrolled subcontractors J & B Steel, D.A.G., and TriVersity, concluding that an enrolled subcontractor was immune only from claims by its own employees. The federal court certified the state-law immunity question to the Supreme Court of Ohio, which accepted and answered it in the affirmative.
Remand instructions
The court did not issue remand instructions; it answered the certified state-law question in the affirmative.