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State ex rel. Jackson Tube Serv., Inc. v. Indus. Comm. (Slip Opinion)

OhioSeptember 27, 2018No. 2017-0790Cited 4 times
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Case Details

Judge(s)
O'Donnell
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

Jackson Tube Service won its appeal seeking to establish impossibility as a valid affirmative defense to workers' compensation violation of specific safety requirement claims, with the court holding that employers can defend VSSR applications by showing compliance was impossible and no alternative means of protection existed.

Excerpt

Workers' compensation—To establish impossibility as an affirmative defense to an application for an additional award for a violation of a specific safety requirement, an employer must show (1) that it would have been impossible to comply with the specific safety requirement or that compliance would have precluded performance of the work and (2) that no alternative means of employee protection existed or were available.

What This Ruling Means

**What Happened** Jackson Tube Service, Inc. faced a workers' compensation claim where they were accused of violating specific safety requirements that led to a worker injury. The company argued they shouldn't be penalized because it was impossible for them to follow the safety rules while still doing the work required. **What the Court Decided** The Ohio court sided with Jackson Tube Service and clarified the rules for when employers can use "impossibility" as a defense against safety violation penalties. The court said employers can avoid penalties if they prove two things: first, that following the safety requirement would have been impossible or would have made the work impossible to complete, and second, that there were no other ways available to protect workers. **Why This Matters for Workers** This ruling makes it harder for injured workers to get additional compensation when employers violate safety rules. Now employers have a clearer path to avoid penalties by claiming safety compliance was impossible. Workers should be aware that their employers might use this defense to avoid responsibility for safety violations, potentially making workplaces less safe if employers believe they can escape penalties more easily.

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

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