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State ex rel. Berry v. Indus. Comm.

OhioOctober 16, 2025No. 2024-1208
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Case Details

Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal
State
Ohio

Related Laws

No specific laws identified for this ruling.

Outcome

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.

Excerpt

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.

What This Ruling Means

**Court Sends Worker Safety Case Back for More Review** This case involved a worker who was injured while operating a large excavator and sought additional workers' compensation benefits under Ohio's safety violation rules. The worker argued that his employer violated specific safety requirements that apply to certain types of heavy equipment, which would entitle him to extra compensation beyond regular workers' compensation. The Ohio Supreme Court sent the case back to the Industrial Commission (the state agency that handles workers' compensation) for further review. The court said the Commission needed to make clearer factual findings about whether the employer actually violated safety regulations that apply to excavation work. The court emphasized that while it must respect the Commission's factual findings, it can review whether the Commission correctly interpreted safety laws. This matters for workers because it clarifies the process for getting additional benefits when employers violate specific safety rules. When workers are injured due to safety violations, they may be entitled to extra compensation on top of regular workers' compensation. This ruling reinforces that workers have the right to challenge the Commission's decisions in court, especially regarding how safety regulations are interpreted, potentially leading to better enforcement of workplace safety standards.

This summary was generated to explain the ruling in plain English and is not legal advice.

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