State ex rel. Phlipot v. Doug Smith Farms
Case Details
- Judge(s)
- Edelstein
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- appeal
Related Laws
No specific laws identified for this ruling.
Outcome
The court denied the employee's writ of mandamus, affirming the Industrial Commission's decision to deny his application for an additional workers' compensation award for violation of a specific safety requirement. The employer was found to have complied with safety requirements and the employee was found unilaterally negligent.
Excerpt
The magistrate properly determined that the Industrial Commission did not abuse its discretion in denying claimant's violation of a specific safety requirement ("VSSR") application. The record contains some evidence to support the commission's determinations that the seed cleaner's disengage switch disengaged the machine from its power supply and the switch would have been within easy reach of claimant at the time of the accident. Objections overruled; writ of mandamus denied.
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
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