Justia Labor & Employment Law Opinion Summaries

Employee was injured during the course of his employment with Precision Steel Services, Inc. Employee received compensation for his medical expenses and lost wages. Two years after the accident, Employee applied for an additional award for violation of a specific safety requirement (VSSR). The Industrial Commission granted a VSSR award to Employee, determining that Precision Steel violated the safety regulations in Ohio Adm. Code 4123:1-5-14(G)(1) and 4123:1-5-15(B) and that those violations proximately caused Employee’s injury. Precision Steel then filed this mandamus action. The court of appeals issued a limited writ, concluding that Precision Steel violated Ohio Adm. Code 4123:1-5-15(B) and ordering that the Commission readjudicate Employee’s claim based on Ohio Adm. Code 4123:1-5-14(G)(1). The Supreme Court reversed and granted a writ of mandamus requiring the Commission to vacate its order and to issue a new order denying Employee’s application for an additional award for VSSR, holding (1) neither Ohio Adm. Code 4123:1-5-14(G) nor 4123:1-5-15(B) establishes a specific safety requirement in the context of this case; and (2) therefore, the Commission’s decision that Precision Steel violated the rules was an abuse of discretion. View "State ex rel. Precision Steel Servs., Inc. v. Indus. Comm’n" on Justia Law

Employee, an ironworker, was injured in a fall while working for Employer, a subcontractor on a bridge project. Employee’s workers’ compensation claim was allowed for multiple injuries sustained in the fall. Two years after the incident, Employee applied for an additional award for Employer’s violation of a specific safety requirement (VSSR), alleging that his fall was caused by Employer’s violation of numerous specific safety regulations. A staff hearing officer with the Industrial Commission granted a VSSR award. Employer filed a complaint and an amended complaint in mandamus, seeking a writ that would compel the Commission to vacate its order and to refund all additional compensation that had been paid by Employer as a result the VSSR award. Employer asserted that the Commission abused its discretion by finding that Employer violated a specific safety requirement because Employee’s injuries were the result of his failure to wear the appropriate personal protective equipment. The court of appeals denied the writ. The Supreme Court affirmed, holding that the Commission did not abuse its discretion when it issued a VSSR award, and therefore, the court of appeals properly denied Employee’s request for a writ of mandamus. View "State ex rel. Armstrong Steel Erectors, Inc. v. Indus. Comm’n" on Justia Law