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Is Survivor’s Wrongful Death Claim Subject To Decedent’s Arbitration Agreement With Employer?

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Is Survivor’s Wrongful Death Claim Subject To Decedent’s Arbitration Agreement With Employer?

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Alice Peters, Administrator of the Estate of William M. Peters, Jr. v. Columbus Steel Castings Co., Case no. 06-0507 10th District Court of Appeals (Franklin County) ISSUE: When an employee who has agreed to arbitrate all job-related civil disputes with his employer is killed in a workplace accident, are the independent wrongful death claims that certain relatives of the decedent may bring against the employer under R.C. 2125.02 subject to compulsory arbitration under the terms of the decedent’s employer/employee arbitration agreement? BACKGROUND: In July 2003, William Peters, a leased employee of Columbus Steel Castings (CSC), was killed in a 50-foot fall from a catwalk while he was working at the CSC forging plant in Columbus. At the time he was hired by CSC’s employee leasing contractor, Peters signed a dispute resolution plan in which he agreed that any civil disputes arising from his work for CSC (other than unemployment compensation or workers compensation disputes) would be reso

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