No specific laws identified for this ruling.
The Ohio Supreme Court reversed the Tenth District's grant of a writ of mandamus ordering a VSSR award and instead issued a limited writ ordering the Industrial Commission to resolve unaddressed factual issues regarding the workers' compensation safety violation claim.
Workers' compensation—Mandamus—Violations of specific safety requirements ("VSSRs")—Adm.Code 4123:1-3-13(E)(7)—Judicial branch must defer to Industrial Commission's factual determinations but not to its legal interpretations of specific safety requirements—TWISM Ents., L.L.C. v. State Bd. of Registration for Professional Engineers & Surveyors and In re Application of Alamo Solar I, L.L.C., followed—Court of appeals correctly concluded that whether large excavator was a power shovel does not determine whether Adm.Code 4123:1-3-13(E)(7) was applicable but erred by (1) proceeding to evaluate the evidence and determine that employer violated Adm.Code 4123:1-3-13(E)(7) because large excavator was a "heavy object[] on a level above and near" trench where VSSR applicant was working when he was injured and (2) holding that staff hearing officer abused her discretion by not finding a violation of Adm.Code 4123:1-3-13(E)(7) based on location of dump truck and fill dirt—Court of appeals' judgment granting writ ordering commission to issue VSSR award reversed and limited writ ordering commission to resolve certain factual issues it did not reach when denying VSSR application granted.
This summary was generated to explain the ruling in plain English and is not legal advice.
Mandamus—Labor relations—Public employees—R.C. Ch. 4117—State Employment Relations Board abused its discretion in dismissing public employee's unfair-labor-practice charge against employer because employer did not have authority to determine that employee's notice to arbitrate was untimely under collective-bargaining agreement—Board abused its discretion when it dismissed public employee's unfair-labor-practice charge against union without providing basic rationale for dismissal—Board did not abuse its discretion when it dismissed public employee's additional unfair-labor-practice charge against union, because union acted in accordance with public employee's waiver of union representation—Court of appeals' judgment granting writ of mandamus affirmed in part and reversed in part.
Workers' compensation—Temporary-total-disability compensation—R.C. 4123.56—Employee who had already been terminated for violation of employment policies before his shoulder surgery was not "unable to work" as "direct result of an impairment arising from an injury or occupational disease" under plain language of R.C. 4123.56(F) and thus was not entitled to receive temporary-total-disability compensation—Court of appeals' judgment reversed and writ granted.
Quo warranto—Mandamus—Appellants failed to challenge court of appeals' judgment dismissing their quo warranto claim on basis of laches and therefore waived that argument—Court of appeals' determination that appellants could not establish entitlement to city-council offices or that appellees were unlawfully holding the positions affirmed—Court of appeals' denial of request for writ of mandamus ordering continued payment of salaries and benefits as moot affirmed.
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