VSSR: A Fence Makes a Factory

VSSR: A Fence Makes a Factory

Posted: May, 1999

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. He worked inside a fenced-in enclosure.

The worker filed for a VSSR award. The Industrial Commission denied the award because he filed the VSSR claim 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.

Information courtesy of the Ohio Workers’ Compensation Bulletin. Subscribe to the Ohio Workers’ Compensation Bulletin to keep informed about the Ohio workers’ compensation system.