Talik v. Federal Marine Terminals, Inc.

{¶ 57} I respectfully dissent.

{¶ 58} I would affirm the trial court’s grant of summary judgment because the LHWCA preempts Talik’s state-law tort claim.

{¶ 59} I would follow the precedent set in Daley v. Aetna Cas. & Sur. Co. (1988), 61 Ohio App.3d 721, 573 N.E.2d 1128, in which we found that an employee’s claims of bad faith and intentional infliction of emotional distress were preempted by the LHWCA. We found that Section 905(a) of the LHWCA provides immunity to the employer and the insurance provider. We chose to adopt the view of the Fifth Circuit and held that “preemptive intent is…