This note will begin with a review of the history of workers' compensation in Ohio, including the development of the exclusive remedy provision. Next, this note will discuss the types of injuries normally compensated by the Ohio Workers' Compensation Act, followed by an analysis of the Ohio Supreme Court cases and legislation creating an intentional tort exception in Ohio. Finally, this note will critique newly enacted Revised Code section 2745.01, discuss the severe problems associated with an expansive interpretation of the statute, and suggest that continuing legislative reform is needed in this area of law.
Note, Ohio's Employment Intentional Tort: A Workers' Compensation Exception, or the Creation of an Entirely New Cause of Action, 44 Clev. St. L. Rev. 381 (1996)