VSSR Cases: Evidence — Some Evidence (Supreme Court)

Ohio Workers’ Compensation Decisions
(Supreme Court)

VSSR: Evidence — Some Evidence

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.

Go-Jo Industries, State ex rel. v. Indus. Comm. (11/10/98)

Evidence supported Commission’s determination to grant VSSR award because device at issue was a conveyor to which the safety code provision, O.A.C. 4121:1-5-05(C)(2), applied. Injured worker who had duties at the machine was an operator even though the machine was automated. Safety device was required where an injured worker was injured at a site which is usual to the performance of his/her duties.

Vote: 7-0
Opinion by: Per Curiam

Greene, State ex rel. v. Martin Sprocket & Gear, Inc. (1/17/01)

Commission decision that exception to safety code applied was supported by some evidence where it was based on reality of how equipment was used, rather than theory of how equipment should have been used.

Vote: 7-0
Opinion by: Per Curiam

Harris, State ex rel. v. Atlas Crankshaft Corp. (11/8/00)

Evidence supported Commission’s decision to deny VSSR claim.

Vote: 7-0
Opinion by: Per Curiam

Kenton Structural & Ornamental Iron Works, Inc., State ex rel. v. Indus. Comm. (5/23/01)

Evidence supported Commission’s finding violation of a specific safety requirement.

Vote: 6-0, 1 concurs in judgment
Opinion by: Per Curiam

Mahoney, State ex rel. v. Team Am. 3, Inc. (9/24/03)

Commission’s finding that overhead protection was provided by employer as required by safety code was supported by some evidence.

Vote: 4-3
Opinion by: Lundberg Stratton

S & Z Tool & Die Co., State ex rel. v. Indus. Comm. (1/6/99)

Evidence supported Commission’s decision awarding VSSR for failure to provide foot protection.

Vote: 5-2
Opinion by: Per Curiam

Scioto Metals, Inc., State ex rel. v. Indus. Comm. (7/11/01)

Evidence supported Commission’s finding of violation of specific safety requirement.

Vote: 7-0
Opinion by: Per Curiam

Sunesis Constr. Co., State ex rel. v. Indus. Comm. (1/2/16)

VSSR: Some evidence supported Industrial Commission decision to grant a VSSR award for failure to properly shore or brace a trench.

Vote: 6-0, 1 concurs in judgment only
Opinion by: Per Curiam