VSSR Cases: Miscellaneous (Court of Appeals)

Ohio Workers’ Compensation Decisions
(Court of Appeals)

VSSR: 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.

31, State ex rel. Inc. v. Indus. Comm. (6/21/16)

Commission cannot apply provision permitting BWC to grant exception to literal requirements of VSSR rule in cases of practical difficulty or unnecessary hardship to deny VSSR award when BWC did not grant any exception before the injury occurred.

Vote: 3-0
Opinion by: Judge Klatt
Appellate District:
 10

Advanced Metal Precision Products, State ex rel. v. Indus. Comm. (7/26/05)

VSSR code which applied during operating cycle of machine is not violated when machine is inadvertently activated.

Vote: 3-0
Opinion by: Judge Sadler
Appellate District: 10

Ohio Paperboard, State ex rel. v. Indus. Comm. (9/27/16)

Commission properly applied safety code provision covering an “operator” of a machine to a mechanic who operated machine in maintenance mode, even though he did not operate the machine during its normal operation; nor did employee’s actions justify denial of VSSR award because unilateral negligence defense only applies if the employer initially complied with the requirements of the safety code.

Vote: 3-0
Opinion by: Judge Luper Schuster
Appellate District:
 10

PennantMoldings, Inc., State ex rel. v. Indus. Comm. (7/25/13)

Employer commits VSSR when injury resulted from failure of safety device and employer had prior notice that safety device had malfunctioned.

Vote: 3-0
Opinion by: Judge Connor
Appellate District: 3-0

Ruscilli, State ex rel. v. Indus. Comm. (9/2/10)

Court remands case to Commission for it to reconsider SHO order based on incorrect statement of significant testimony.

Vote: 3-0
Opinion by: Judge Connor
Appellate District: 10