Bertolino v. Industrial Commission

The case before us presents the perfect fact pattern as to why I have maintained that R.C. 4121.80 is legislation that was designed by the General Assembly to apply to so-called intentional torts arising during the course of employment but cannot, notwithstanding the action of the General Assembly, in fact, apply to workers’ compensation matters. An intentional tort is an activity that takes place outside the employment relationship (albeit during the course of employment) and thereby places the parties not in a position of employer-employee but, instead, in the position of alleged…