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Remedies Keyed to Tabb, 8th
Brunecz v. Houdaille Industries, Inc.
Citation:
468 N.E.2d 370 (1983)Facts
Thomas Brunecz was employed by Houdaille Industries, Inc. and was injured at his place of employment. After filing a claim for compensation with the Bureau of Workers’ Compensation, Brunecz was discharged by his employer. On August 7, 1980, Brunecz brought an action in the Court of Common Pleas of Cuyahoga County against Houdaille Industries for wrongful discharge under R.C. 4123.90, alleging that the discharge was in retaliation for filing the workers’ compensation claim. Brunecz initially demanded reinstatement, back pay, reasonable attorney fees, and requested a jury trial. He subsequently moved for and was granted leave to amend his complaint to delete the request for reinstatement, seeking only back pay and attorney fees. After the trial court overruled defendant’s motion for summary judgment and referred the matter to arbitration, the arbitrators found for Brunecz. Houdaille appealed for a de novo hearing and moved to strike Brunecz’s jury demand, arguing that no jury trial right exists for claims under R.C. 4123.90.
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