State ex rel. 31, Inc. v. Industrial Commission of Ohio

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In this mandamus case in which Appellant challenged an order of the Industrial Commission granting an additional award for the violation of a specific safety requirement (VSSR), the nip-point rule found in Ohio Admin. Code 4123:1-5-11(D)(10)(a) did not apply.The Commission determined that Appellant had violated the nip-point rule, thereby causing an industrial injury to Duane Ashworth. The court of appeals denied Appellant’s request for a writ. The Supreme Court reversed and issued a writ of mandamus ordering the Commission to issue a new order that denies Ashworth’s application for a VSSR award, holding that the nip-point rule did not apply because an administrative code provision applicable to the rubber and plastics industry expressly covered the machine that Ashworth was operating. For the Commission to require Appellant to comply with the nip-point rule, it must ignore this provision, and the Commission’s failure to apply the provision was not reasonable and thus an abuse of its discretion. View "State ex rel. 31, Inc. v. Industrial Commission of Ohio" on Justia Law