On November 20, 2012, the Tucker Ellis appellate team scored a win for its client when the Supreme Court of Ohio issued a decision that limits employee suits for workplace injuries. In Hewitt v. L.E. Myers Co., Slip Opinion No. 2012-Ohio-5317, the Court adopted a narrow and commonsense construction of a statutory exception to workers’ compensation immunity. The Court ruled that the exception allowing employees to sue employers for the “deliberate removal” of an “equipment safety guard” does not apply to injuries arising out of an employer’s alleged failure to tell an employee to use available personal safety items. For more information on the case, read the Client Alert.

This Client Alert has been prepared by Tucker Ellis LLP for the use of our clients. Although prepared by professionals, it should not be used as a substitute for legal counseling in specific situations. Readers should not act upon the information contained herein without professional guidance.