Did Workers’ Comp Claim Come Back to Bite Worker who Tried to Sue Pet Food Company?

The “exclusive remedy” rule is not the only thing that can stop an employee from suing a company for negligence when the company has workers’ compensation coverage. An Ohio case involving an employee who said he developed lung problems at work raises the issue of another potential obstacle for employees – the doctrine of “issue preclusion.”

The employee worked at a pet food processing plant. He said that his job exposed him to  harmful molds, dust, particulates, and chemicals. He had to manually clear large amounts of mold, dust, and particulates from machinery and storage bins. As a result, he claimed, he developed COPD.

The workers’ compensation commission, in March 2024, denied him benefits. It found there wasn’t enough evidence that he sustained an injury or occupational disease in the course of and arising out of his employment.

The employee filed an appeal, but then withdrew it. Having lost his workers’ compensation claim, the employee sued the company for negligence. He argued that the employer knew of the dangerous conditions and failed to protect him. 

To establish a workers’ compensation claim, a claimant must demonstrate that the injury or occupational disease occurred in the course of and arose out of his employment.

To establish an actionable claim of negligence, a plaintiff must show:

(1) The employee owed him a duty.

(2) The employee breached that duty.

(3) His injury was caused by the breach.

The employer asked the court to dismiss the case based on issue preclusion (or collateral estoppel), which basically prevents someone from litigating an issue that has already been decided.

Could the claimant sue for negligence?

A. Yes. Issue preclusion applies to court decisions. It does not apply where the first decision was by an agency, such as the workers’ compensation commission.

B. No. The workers’ compensation and negligence claims both required him to show that his job caused his COPD.

If you selected B, you agreed with the court in Below v. Cargill, Inc., No. 3:25 CV 360 (N.D. Ohio. 07/10/25), which dismissed the case.

The commission found that the employee’s job didn’t cause his injury, which doomed his workers’ compensation claim. To continue with his negligence claim, the employee would have relitigate the causation issue.

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“Ohio courts have routinely recognized that issues decided in the workers' compensation system related to compensability and causation of injuries allegedly suffered at work are precluded from being re-litigated in subsequent tort lawsuits based on the same alleged injury,” the court said.

Further, the possibility that the employee might appeal was irrelevant. The commission’s decision would remain final unless and until a court overturned it. In any case, the employee dismissed his appeal. 

The court ruled that the employee was barred from continuing with his negligence case against the company.

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