Roseborough v. N.L. Industries

The instant case requires us to determine when a workers’ compensation proceeding or claim has been “instituted” or “pursued” against a self-insured employer for purposes of the retaliatory discharge prohibition of R.C. 4123.90. The appellate court herein ruled that an actual filing of a written claim is required to trigger the protections of the statute. We read the statute more broadly and thus reverse and remand.

In Bryant v. Dayton Casket Co. (1982), 69 Ohio St. 2d 367 [23 O.O.3d 341], this court held that an employee’s mere expression of his intent to file a workers’ compensation claim…