Does the Statute Applied to Wrongful Death Actions Constitute An Improper Waiver of Benefits and Is It Fundamentally Fair ?

In Yoh v. Schlachter, 2000 Ohio App (March 17, 2000), the plaintiff, who had received workers' compensation benefits from her deceased husband's employer, brought a wrongful death action against several parties. The defendant employer cross-claimed against its co-defendants based on a subrogation lien pursuant to R.C. 4123.931. On appeal, the Sixth District rejected constitutional claims based upon taking of property without compensation, due process remedies, right to privacy, the legislative one subject rule, prohibition against impairment of contract, and privileges and immunities guarantees. The court also found that the statute applied to wrongful death actions, did not constitute an improper waiver of benefits, and was not fundamentally unfair. The same reasoning applies here to defeat plaintiff's claims of impairment of the right to jury trial, and equal protection rights guaranteed by the state and federal constitutions.