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STOLZ v. J & B STEEL ERECTORS, INC., Et Al.

OhioDecember 20, 2018No. 2017-1245Cited 34 times
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Case Details

Judge(s)
Dewine, Fischer
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
Constitutional challenge to statutory immunity provision

Related Laws

No specific laws identified for this ruling.

Outcome

Court upheld R.C. 4123.35(O) immunity provision granting subcontractors enrolled in a contractor's self-insurance plan immunity from tort claims by employees of other enrolled subcontractors, finding no constitutional violation of right-to-remedy, right-to-jury, or equal-protection provisions.

Excerpt

Workers' compensation—Immunity from tort claims—Self-insured construction projects—R.C. 4123.35(O)—R.C. 4123.35(O)'s grant of immunity to subcontractors enrolled in a contractor's self-insurance plan from claims by employees of another enrolled subcontractor does not violate right-to-remedy, right-to-jury, or equal-protection provisions of Ohio Constitution.

What This Ruling Means

**What Happened** A worker named Stolz was injured on a construction project and tried to sue J & B Steel Erectors, a subcontractor on the same job. Both companies were enrolled in the same workers' compensation self-insurance plan run by the main contractor. Stolz argued he should be able to sue the other subcontractor for his injuries, claiming that Ohio's law preventing such lawsuits was unconstitutional. **What the Court Decided** The Ohio court ruled against Stolz and upheld the existing law. The court found that when subcontractors are part of the same self-insurance workers' compensation plan, they are protected from being sued by workers from other companies in that same plan. The court determined this immunity law does not violate workers' constitutional rights to seek legal remedies, have jury trials, or receive equal protection under the law. **Why This Matters for Workers** This ruling limits injured construction workers' options when they're hurt on job sites with multiple contractors. If your employer and the company that caused your injury are both in the same workers' compensation self-insurance plan, you typically cannot sue that other company—you're limited to workers' compensation benefits only. Workers should understand these limitations when working on large construction projects.

This summary was generated to explain the ruling in plain English and is not legal advice.

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