State ex rel. Arce v. Industrial Commission

Summary

The Ohio Supreme Court overruled State ex rel. Ohio Mushroom Co. v. Industrial Commission to clarify that workers’ compensation safety-code applicability is generally governed by the law in effect on the date of injury. The court held that the Smith cabbage-coring machine was an installation subject to the safety code’s grandfather clause and affirmed denial of the claimant’s VSSR award.

Holdings

1. State ex rel. Ohio Mushroom Co. v. Industrial Commission is overruled. Generally, workers' compensation rights and the applicable safety requirements are governed by the law in effect on the date of injury, subject to the grandfather-clause exception for installations or constructions.
2. The Industrial Commission did not abuse its discretion in finding that the Smith cabbage-coring machine was an installation under Ohio Adm.Code 4123:1-5-01(A).
3. The Commission did not abuse its discretion in denying Arce's VSSR application because the coring machine was an installation subject to the grandfather clause and did not violate any applicable provision of Safety Code IC-5.

Questions Presented

1. Whether State ex rel. Ohio Mushroom Co. v. Industrial Commission should be overruled insofar as it treated the date a machine was placed into service, rather than the date of injury, as controlling for safety-code applicability.
2. Whether the Smith cabbage-coring machine was an installation or construction under Ohio Adm.Code 4123:1-5-01(A), making the grandfather clause applicable.
3. Whether the Industrial Commission abused its discretion in denying Arce's VSSR application.

Disposition

affirmed