State ex rel. OneSource Emp. Mgt., L.L.C. v. Indus. Comm.

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.

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.

Mandamus to compel State Employment Relations Board either to find that relator's unfair labor practice charge was timely filed and proceed with a hearing or consider the facts concerning the timeliness question and issue an explanation setting forth its rationale—Writ denied, when.

Appellate procedure—Court of appeals' decision in mandamus action ordering cause returned to magistrate for a determination on the merits appealed to Supreme Court—Appeal dismissed by Supreme Court for want of prosecution—Dismissal of mandamus action by court of appeals for lack of jurisdiction reversed and cause remanded to court of appeals for a consideration of the merits of relator's mandamus action.