Workers' Compensation

Ohio: Provisions in State’s “Contractor’s Self-Insurance Plans” Found to be Constitutional

Building on an earlier decision in which the Ohio Supreme Court had determined that the Ohio contractor’s self-insurance plan [see Ohio Rev. Code Ann. § 4123.35(O)] provided immunity not only to the self-insuring general contractor, but also to enrolled subcontractors from tort claims brought by employees of other enrolled subcontractors [see Stolz I, 146 Ohio St.3d 281, 2016-Ohio-1567, 55 N.E.3d 1082, at ¶ 8], the state's high court found that the law does not violate right-to-remedy, right-to-jury, or equal-protection provisions of the Ohio Constitution.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Stolz v. J & B Steel Erectors, 2018-Ohio-5088, 2018 Ohio LEXIS 3011 (Dec. 20, 2018)

See generally Larson’s Workers’ Compensation Law, § 111.04.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law

For a more detailed discussion of the case, see