Brady v. Safety-Kleen Corp.

The precise issue before us on certification from the federal district court is whether R.C. 4121.801 is unconstitutional in whole or in part *628under the Ohio Constitution. For the reasons that follow, we hold that R.C. 4121.80 exceeds the scope of legislative authority granted to the General Assembly under the Ohio Constitution, and is therefore unconstitutional in to to.

I

For some thirteen years following the 1911 enactment of the workers’ compensation system, Ohio specifically excepted injuries arising from an employer’s “willful act” from the general grant of employer common-law *629immunity.…