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FREESE v. CONSOLIDATED RAIL CORP.

No. 82-377.

4 Ohio St. 3d 5 (1983)

FREESE ET AL., APPELLANTS, v. CONSOLIDATED RAIL CORPORATION; CITY OF CINCINNATI, APPELLEE.

Supreme Court of Ohio.

Decided March 9, 1983.

Attorney(s) appearing for the Case

Mr. Dennis A. Becker, for appellants.

Mr. Richard A. Castellini, city solicitor, and Mr. Daniel J. Schleuter, for appellee city of Cincinnati.

Mr. Gregory S. Lashutka, city attorney, Mr. Patrick M. McGrath and Ms. Debi Everson, urging affirmance for amicus curiae, city of Columbus.

Mr. Harry E. Klide, law director, and Ms. Constance Butera, urging affirmance for amicus curiae, city of Canton.

Mr. James E. Young, law director, and Mr. John D. Maddox, urging affirmance for amicus curiae, city of Cleveland.

Mr. Robert D. Pritt, director of law, and Mr. James Thomas, urging affirmance for amicus curiae, city of Akron.

Mr. Thomas G. Petkewitz, city attorney, and Mr. Edward Newman, urging affirmance for amicus curiae, city of Dayton.

Mr. Sheldon M. Rosen, law director, and Mr. Gregory T. Merritt, urging affirmance for amicus curiae, city of Toledo.

HOLMES, J.

Section 35, Article II of the Ohio Constitution grants the authority to the General Assembly to establish a workers' compensation program and expressly provides that such compensation is the exclusive remedy of the employee who has been injured within the course of his employment.1

The General Assembly codified the exclusivity of the workers' compensation laws in quite unambiguous terms in R.C. 4123.74.

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