VSSR Cases: Evidence — Miscellaneous (Supreme Court)

Ohio Workers’ Compensation Decisions
(Supreme Court)

VSSR: Evidence — Miscellaneous

Select the case name to read the decision on the Ohio Supreme Court’s web site. For other issues, see our topic index to Ohio workers’ compensation decisions.

Bishop, State ex rel. v. Waterbeds ‘N’ Stuff, Inc. (1/16/02)

Where there is no evidence that complying with safety requirement would have prevented accident, or lessened severity of accident, VSSR application properly denied.

Vote: 6-1
Opinion by: Per Curiam

Dibble, State ex rel. v. Presrite Corp. (4/7/99)

Commission improperly denied VSSR because Commission failed to address crucial evidence. Therefore, order not supported by some evidence.

Vote: 7-0
Opinion by: Per Curiam

Donohoe, State ex rel. v. Indus. Comm. (11/17/11)

Eyewitness evidence is not required for Commission to find a VSSR occurred and a Commission order which can be interpreted to deny a VSSR award because there was no eyewitness evidence is invalid.

Vote: 7-0
Opinion by: Per Curiam

Gilbert, State ex rel. v. Indus. Comm. (11/21/07)

Specific safety requirements must be based on quantifiable baseline, not individual susceptibility; Commission has discretion to determine validity of tests conducted after exposure on a case-by-case basis because test environment may be different from what it was at time of exposure, but it may be identical to what it was at time of exposure.

Vote: 7-0
Opinion by: Per Curiam

Internatl. Truck & Engine Corp., State ex rel. v. Indus. Comm. (7/23/09)

Rule requiring strict construction of VSSR standards in favor of employer only applies to applicability of safety standard, employer is not entitled to have evidence construed in its favor.

Vote: 7-0
Opinion by: Per Curiam

Scott, State ex rel. v. Indus. Comm. (6/18/13)

Commission did not abuse its discretion by relying on air-quality test results which occurred after the employee’s exposure period ended in determining that no VSSR occurred.

Vote: 6-1
Opinion by: O’Connor