BUNGER v. LAWSON CO.

No. 97-341.

82 Ohio St.3d 463 (1998)

BUNGER, APPELLANT, v. LAWSON COMPANY ET AL., APPELLEES.

Supreme Court of Ohio.

Decided August 5, 1998.


Attorney(s) appearing for the Case

Stewart Jaffy & Associates Co., L.P.A., Stewart R. Jaffy and Marc J. Jaffy; J.C. Shew & Associates and J.C. Shew, for appellant.

Buckingham, Doolittle & Burroughs, Brett L. Miller, Richard A. Hernandez and Michael L Williams, for appellee the Lawson Company.

Betty D. Montgomery, Attorney General, William D. Haders and Edward Roberts, Assistant Attorneys General, for appellee Administrator of Workers' Compensation.

Gallon & Takacs Co., L.P.A., and Theodore A. Bowman; Ray, Alton & Kirstein Co., L.P.A., and Frank A. Ray, urging reversal for amicus curiae, Ohio Academy of Trial Lawyers.

Stewart Jaffy & Associates Co., L.P.A., Stewart R. Jaffy and Marc J. Jaffy, urging reversal for amicus curiae, Ohio AFL-CIO.

Vorys, Sater, Seymour & Pease, Robert A. Minor and Robin R. Obetz, urging affirmance for amici curiae, Ohio Manufacturers' Association, Ohio Chamber of Commerce, and Ohio Self-Insurers' Association.


PFEIFER, J.

We hold that R.C. 4123.01(C) and 4123.74 do not foreclose an employee who has suffered purely psychological injuries from pursuing a common-law remedy against her employer.

R.C. 4123.01(C) defines the term "injury" as it is used in R.C. Chapter 4123, which sets forth Ohio's workers' compensation system. The statute reads:

"(C) `Injury' includes any injury, whether caused by external accidental means or accidental in character...

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