REPUBLIC-FRANKLIN INS. CO. v. CITY OF AMHERST

No. 89-137.

50 Ohio St. 3d 212 (1990)

REPUBLIC-FRANKLIN INSURANCE COMPANY, APPELLEE, v. CITY OF AMHERST, APPELLANT, ET AL.

Supreme Court of Ohio.

Decided April 18, 1990.


Attorney(s) appearing for the Case

Means, Bichimer, Burkholder & Baker Co., L.P.A., Kevin R. Campbell and John E. Britton, for appellee.

Thomas H. Sanborn, director of law, for appellant.

Blaszak, Shilling, Coey & Bennett Co., L.P.A., and Larry E. Coey, for intervener, Ronald W. Leoni.


ALICE ROBIE RESNICK, J.

The issue before this court is whether a person convicted of a misdemeanor who agrees to do community service work in lieu of sentence, and is subsequently injured performing such work, is, for purposes of the workers' compensation law, an "employee" of the agency to whom he is assigned.1

A claimant's "[e]ntitlement to workers' compensation payments is a substantive right measured by the statutes in force...

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