On December 20, 2007, the Ohio Supreme Court “clarified” (although some may say partially reversed) its 2003 decision in Coolidge v. Riverdale Local School Dist., 100 Ohio St.3d 141, 2003-Ohio-5357. The Court now holds that that “an employee who is terminated from employment while receiving workers’ compensation has no common-law cause of action for wrongful discharge in violation of the public policy underlying R.C. 4123.90, which provides the exclusive remedy for employees claiming termination in violation of rights conferred by the Workers’ Compensation Act” and limits the Coolidge decision to teachers who are both receiving workers compensation and are covered by O.R.C. § 3319.16. Bickers v. W. & S. Life Ins. Co., Slip Opinion No. 2007-Ohio-6751.
In Bickers, the at-will plaintiff had not been provided with a light duty assignment and, instead, had been terminated while receiving temporary total disability payments as a result of a workers’ compensation injury. She did not file a claim for workers’ compensation retaliation under O.R.C. § 4123.90 (which has a short limitations period), but instead, filed a public policy wrongful discharge claim. In essence, she argued that even if she wasn’t fired in retaliation for seeking workers’ compensation, it violated the public policy of the state of Ohio to fire an employee while receiving workers’ compensation benefits. The trial court dismissed her claim, but the appellate court reversed. After all, the Ohio Supreme Court had previously held in the Coolidge syllabus that “[a]n employee who is receiving temporary total disability compensation pursuant to R.C. 4123.56 may not be discharged solely on the basis of absenteeism or inability to work, when the absence or inability to work is directly related to an allowed condition.”
After acknowledging the receipt of much criticism for Coolidge, the Ohio Supreme Court now holds that the Coolidge decision involved only the narrow issue of just cause for terminating teachers (receiving workers compensation) under O.R.C. § 3319.16. Moreover, the workers’ compensation retaliation statute precludes the need for a common law remedy involving the termination of employees while receiving workers compensation. Therefore,”R.C. 4123.90 . . . provides the exclusive remedy for employees claiming termination in violation of rights conferred by the Workers’ Compensation Act.” Because O.R.C. § 4123.90 prohibits only retaliatory discharges, it is no longer unlawful for an employer to terminate a non-teaching employee for non-retaliatory reasons (such as inability to work or indefinite absence) even if the employee is receiving workers’ compensation benefits.
Insomniacs can read the full decision at http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-6751.pdf.
NOTICE: This summary is designed merely to inform and alert you of recent legal developments. It does not constitute legal advice and does not apply to any particular situation because different facts could lead to different results. Readers should not act upon this information without legal advice. If you have any questions about anything you have read, you should consult with an attorney.
