VSSR Cases: Amendment

(Supreme Court)

Click on the case name to read the decision on the Ohio Supreme Court's web site. Decisions which adopt the decision of a lower court or Magistrate, or which decide a case based on a previous decision, are excluded.

Johnson, State ex rel. v. Hilltop Basic Resources, Inc. (4/10/02)

(1) Workshop and factory safety code can apply to injury which occurred in fenced-in yard; (2) construction industry safety code does not apply to maintenance work performed for employer not in construction industry; (3) amendment which raises new claim cannot be made once time limit for filing VSSR has passed.

Vote: 7-0
Opinion by: Per Curiam

R. Bauer & Sons Roofing & Siding, Inc., State ex rel. v. Indus. Comm. (12/2/98)

Injured workers can amend VSSR applications to clarify claimed violations, even if the amendment is sought after the statute of limitations or Commission deadline have passed. An amendment to add safety code provisions which are sufficiently related to previously cited provisions constitutes an acceptable clarification.

Vote: 4-3
Opinion by: Per Curiam

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