Bunger v. Lawson Co.

We hold that R.C. 4123.01(C) and 4123.74 do not foreclose an employee who has suffered purely psychological injuries from pursuing a common-law remedy against her employer.

R.C. 4123.01(C) defines the term “injury” as it is used in R.C. Chapter 4123, which sets forth Ohio’s workers’ compensation system. The statute reads:

“(C) ‘Injury’ includes any injury, whether caused by external accidental means or accidental in character and result, received in the course of, and arising out of, the injured employee’s employment. ‘Injury’ does not include:

“(1) Psychiatric conditions except where the…