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Bridges v. Natl. Engineering & Contracting Co.2/28/1990
n of its Bridge Project employees from its payroll reports was a matter between it and the commission, and involved circumstances which were not precisely covered by a commission rule. Ohio Adm. Code 4121-7-23 is not directly on point, as it deals with out-of-state employers and with Ohio employers hiring employees within Ohio. It does not deal with thssituation alleged by National, i.e., an Ohio employer hiring employees outside Ohio to do work both within and outside Ohio. Thus, whether National had a duty to report such employees, payroll is a matter to be decided, in the first instance, by the commission.
For purposes of this and any other civil action, we hold that once the Industrial Commission has certified that an employer has established industrial coverage and paid its premium, the employer is a complying employer as a matter of law. Such employer's failure to have included a particular injured employee in a required payroll report does not deprive the employer of its statutory immunity from a civil action brought by the employee, in the absence of a final determination by the commission that the employer is a non-complying employer who has not settled its liability to the State Insurance Fund.
We thus affirm the trial court's dismissal of appellees' claims against National arising from personal injury and wrongful death, as National was a complying employer entitled to the immunity provided in R.C. 4123.74. Having reversed the court of appeals' decision with respect to appellees, claims for intentional tort against National, we hereby reinstate in total the judgment of the trial court, dismissing all claims against National.
Judgment affirmed in part and reversed in part.
MOYER, C.J., WRIGHT and H. BROWN, JJ., concur.
SWEENEY, DOUGLAS and RESNICK, JJ., dissent.
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