Summary
The Supreme Court of Ohio affirmed the Tenth District Court of Appeals’ denial of a writ of mandamus challenging a workers’ compensation violation-of-specific-safety-requirement award. The court held that evidence supported the Industrial Commission’s findings that the safety requirement applied to the injured worker, that the employer violated it, and that the violation proximately caused the injury.
Holdings
- The commission did not abuse its discretion in finding that Roush was an operator because evidence supported the conclusion that he was assigned or authorized to work at the specific hydro-test equipment and that his work was integral to the machine's operation.
- The commission did not abuse its discretion in finding that U.S. Tubular violated Ohio Adm.Code 4123:1-5-05(D)(1) by failing to provide a means within easy reach of Roush to disengage the hydro-test machine from its power supply.
- The commission did not abuse its discretion in finding that U.S. Tubular's violation proximately caused Roush's injuries.
Questions Presented
- Whether the Industrial Commission abused its discretion by finding that Roush was an operator of the hydro-test machine under Ohio Adm.Code 4123:1-5-01(B)(92).
- Whether Ohio Adm.Code 4123:1-5-05(D)(1) required U.S. Tubular to provide Roush, at his work area, with a means within easy reach to disengage the hydro-test machine from its power supply.
- Whether the commission abused its discretion by finding that U.S. Tubular's violation of the specific safety requirement proximately caused Roush's injuries.
Disposition
affirmed
Cases Cited (15)
- State ex rel. Precision Steel Servs., Inc. v. Indus. Comm., 145 Ohio St.3d 76, 2015-Ohio-4798, 47 N.E.3d 109(followed)
- State ex rel. Newman v. Indus. Comm., 77 Ohio St.3d 271, 673 N.E.2d 1301 (1997)(followed)
- State ex rel. Armstrong Steel Erectors, Inc. v. Indus. Comm., 144 Ohio St.3d 243, 2015-Ohio-4525, 41 N.E.3d 1233(followed)
- State ex rel. Nicholls v. Indus. Comm., 81 Ohio St.3d 454, 459, 692 N.E.2d 188 (1998)(applied)
- State ex rel. Lange v. Indus. Comm., 111 Ohio St.3d 563, 2006-Ohio-6211, 857 N.E.2d 593(followed)
- State ex rel. Vonderheide v. Multi-Color Corp., 156 Ohio St.3d 403, 2019-Ohio-1270, 128 N.E.3d 188(followed)
- State ex rel. Scott Fetzer Co., Halex Div. v. Indus. Comm., 81 Ohio St.3d 462, 692 N.E.2d 195 (1998)(distinguished)
- State ex rel. Owens-Corning Fiberglas Corp. v. Indus. Comm., 62 Ohio St.2d 145, 404 N.E.2d 140 (1980)(distinguished)
- State ex rel. Platt v. Diamond Internatl. Corp., 10th Dist. Franklin No. 85AP-979, 1987 WL 5893(distinguished)
- State ex rel. Frank Brown & Sons, Inc. v. Indus. Comm., 37 Ohio St.3d 162, 524 N.E.2d 482 (1988)(followed)
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