| The following
information is provided courtesy of the Ohio Workers'
Compensation Bulletin. For information about the Bulletin
click
here.
VSSR:
A Fence Makes a Factory
State,
ex rel. Petrie v. Atlas Iron Processors, Inc. (4/28/99),
85 Ohio St.3d 372:
A worker was injured while working in a scrap yard. The
work he did was performed inside a fenced-in enclosure.
The worker filed for a VSSR
award. The Industrial Commission denied the award because the claim
was filed under a safety code which applied to "factories and
workshops." The Commission found that the injury had not happened in a
factory or workshop, because it happened outside.
The Supreme Court found that the VSSR section for
"factories and workshops" applied because:
The fence, in this case, indeed set forth the
boundaries of work activity. It also served to keep unauthorized
nonemployees out, and, in so doing, established its confines as a place
accessible only to employees for the purpose of carrying out the
company’s business.
Click on the case name
to view the decision on
the Supreme
Court's web site.
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