Thompson v. Industrial Commission

This appeal presents two issues for our consideration. The first is whether the transfer of SIF investment income to the DWRF, pursuant to R.C. 4123.411, violates Section 35, Article II of the Ohio Constitution.1 The second is whether the transfer of SIF earnings to the DWRF retroactively increases the compensation paid to disabled workers in violation of Section 28, Article II of the constitution.2

I

The Court of Appeals determined that the DWRF funding scheme contained in R.C. 4123.411 contravened Section 35, Article II. The court reasoned as follows:

*246“The SIF, created by the General Assembly…