State ex rel. Richmond v. Indus. Comm’n

Appellant was injured when he fell from a ladder as he was working on a billboard in the course and scope of his employment with Employer. Appellant sought an award for violation of a specific safety requirement (VSSR), alleging that Employer had violated several safety rules, resulting in his injury. The Industrial Commission denied the award. Appellant subsequently filed an action in mandamus in the court of appeals, requesting that the Commission be ordered to grant him the VSSR award. The magistrate of the court of appeals and a three-judge panel determined that the Commission did not abuse its discretion in denying the award. The Supreme Court affirmed, holding that the Commission (1) properly considered evidence of the industry standards in determining whether Appellant’s ladder and harness equipment complied with the law; (2) correctly concluded that a hook ladder, when properly secured, can be part of a billboard structure; and (3) properly considered Appellant’s negligence in deciding to deny a VSSR award. View "State ex rel. Richmond v. Indus. Comm'n" on Justia Law