Guy v. Arthur H. Thomas Co.

Loches,, J.

The issue before this court is whether the remedy under the Ohio Workers’ Compensation Law (R. C. Chapter 4123) is exclusive as to an employer’s liability. Appellant does not contend that she has an action against appellee hospital for the original compensable injury, but does assert that her action against the appellee hospital for malpractice is not prohibited by R. C. 4123.74. In her first proposition of law, appellant argues that where, as in the instant cause, the employer occupies a second or dual capacity that confers obligations unrelated to and independent of those upon it…