State ex rel. Benjamin Steel Co., Inc. v. Indus. Comm.
Case Details
- Judge(s)
- Brunner
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- Writ of mandamus proceeding; magistrate's decision adopted
Related Laws
No specific laws identified for this ruling.
Outcome
The court granted a writ of mandamus, finding that the Industrial Commission abused its discretion by awarding damages for violation of a specific safety requirement (VSSR) without evidentiary support and through improper application of Ohio administrative code.
Excerpt
Magistrate's Decision adopted that the Industrial Commission abused its discretion in granting an additional award for violation of a specific safety requirement ("VSSR") where there was no evidence on which the commission could base the VSSR award. Industrial Commission had improperly applied Ohio Adm.Code 4123:1-3-02(C)(1) and (5) to find that employer had violated a specific safety requirement. Writ of mandamus granted.
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
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