Industrial Commission

Workers' compensation—Mandamus—Violations of specific safety requirements ("VSSRs")—Adm.Code 4123:1-3-03(J)(1) (requiring that fall-protection gear be provided to employees exposed to hazards of falling)—Employer failed to establish that Industrial Commission failed to perform a legal duty or abused its discretion in granting claimant's application for VSSR award for violation of Adm.Code 4123:1-3-03(J)(1)—Some evidence supports commission's finding that claimant was not assisting in installation of fall-protection system when he fell—Court of appeals' judgment denying writ affirmed.

The industrial commission had some evidence for its view that payroll clerk here was fired for the fireable offense of submitting false time records, and that therefore she had voluntarily abandoned her employment and was not eligible for temporary total disability status. Claimant made no argument that company's suggestion that a prospective application for unemployment compensation could be characterized as arising from a "permanent lay-off" necessarily estopped company from arguing voluntary abandonment to commission. Objections to magistrate's decision overruled writ of mandamus denied.

Workers' compensation—R.C. 4123.56(A) does not require a setoff of temporary total disability benefits where hostage leave has been paid pursuant to the terms of a collective bargaining agreement.

Workers compensation—Judgment affirmed.