State ex rel. Carder v. Industrial Commission

Summary

The Ohio Supreme Court affirmed the denial of a workers’ compensation claimant’s application for additional compensation based on an alleged violation of a specific safety requirement. The court held that the Industrial Commission did not abuse its discretion in determining that a closed skylight was not a “roof opening” under the applicable Ohio safety rule, resolving reasonable doubts about the rule’s applicability in the employer’s favor.

Holdings

1. The Industrial Commission did not abuse its discretion in determining that a closed skylight did not constitute a roof opening for purposes of former Ohio Adm.Code 4121:1-3-04(D)(3).

Questions Presented

1. Whether a closed skylight constituted a "roof opening" under former Ohio Adm.Code 4121:1-3-04(D)(3).
2. Whether the Industrial Commission abused its discretion by denying Carder's application for additional workers' compensation benefits based on its interpretation of that safety requirement.

Disposition

affirmed