(DOWNLOAD) "State, Ex Rel. Burton v. Indus. Comm." by The Supreme Court of the State of Ohio " eBook PDF Kindle ePub Free
eBook details
- Title: State, Ex Rel. Burton v. Indus. Comm.
- Author : The Supreme Court of the State of Ohio
- Release Date : January 25, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Per Curiam. To successfully assert a VSSR, a claimant must establish that his or her injury resulted from the employer's failure to comply
with a specific safety requirement. State, ex rel. Whitman, v. Indus. Comm. (1936), 131 Ohio St. 375, 6 O.O. 88, 3 N.E. 2d
52. This is a factual question resting exclusively with the commission. State, ex rel. Haines, v. Indus. Comm. (1972), 29
Ohio St.2d 15, 58 O.O. 2d 70, 278 N.E. 2d 24. Where its decision is supported by "some evidence," the commission has not abused
its discretion and mandamus will not lie. State ex rel. Burley, v. Coil Packing, Inc. (1987), 31 Ohio St.3d 18, 31 OBR 70,
508 N.E. 2d 936. In the case before us the commission concluded that Progressive had complied with Ohio Adm. Code 4121:1-5-1(D)(7).
We must therefore determine whether this decision satisfies Burley. We find that it does.