State ex rel. US Tubular Prods., Inc. v. Indus. Comm.
Case Details
- Judge(s)
- Dorrian, J.
- 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.
Claim Types
Outcome
The court granted the employer's writ of mandamus, vacating the Industrial Commission's order that found the employer violated a specific safety requirement. The court held that the injured worker was not an 'operator' of the hydro tester under the applicable safety regulation.
Excerpt
In an original action challenging the industrial commission's additional award for violation of specific safety requirement ("VSSR") pursuant to Admin. Code 4123:1-5-05(D)(1), the employer's request for a writ of mandamus is not warranted where the commission did not abuse its discretion in determining that the injured claimant was the "operator" of the machine at issue and the VSSR proximately caused the claimant's injury. Writ of mandamus denied.
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
Similar Rulings
The Rio Blanco County Department of Human Services (Department) became involved with the parents in this case as a result of concerns about the children's welfare due to the condition of the family home, the parents' use of methamphetamine, and criminal cases involving the parents. Attempts at voluntary services failed, and on the Department's petition for dependency and neglect, the district court ultimately terminated the parents' rights. On appeal, the parents contended that the Department failed to make reasonable efforts to reunify them with their children. Specifically, the parents contended that the Department did not give them sufficient time to complete the services under their treatment plans and failed to accommodate their drug testing needs. The termination hearing was not held until more than a year after the motion to terminate was filed. For nine months before the motion to terminate was filed, the Department provided numerous services to the parents, including substance abuse therapy, therapeutic visitation supervision, drug abuse monitoring, and a parental capacity evaluation. The Department also provided counseling for the children. Both parents missed drug tests and tested positive during the testing period, and both were arrested for possession of methamphetamine during the pendency of the case. The Department made reasonable accommodations to meet the parents' needs and the parents had sufficient time to comply with their treatment plans. The record supports the trial court's findings that termination was appropriate because (1) the court-approved appropriate treatment plan had not been complied with by the parents or had not been successful in rehabilitating them (2) the parents were unfit and (3) the conduct or condition of the parents was unlikely to change within a reasonable time. Father also contended that the trial court's decision to interview the 9-year-old twin children together in chambers fundamentally and seriously affected the basi
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