Tenth District Court of Appeals Upholds VSSR Award in Employee’s Favor

In Pennant Moving, Inc. v. Indus. Comm., Inc., 10th Dist. No. 11AP-942, 2013 – Ohio – 3259, a claimant was injured working on a press with a two-hand control.  The machine malfunctioned and cycled when he had only one hand on the press.  The claimant filed for and received a VSSR award.  The company challenged the VSSR award in a mandamus action, arguing the claimant failed to prove the cause of the malfunction and thus failed to show the company violated a specific safety requirement.  The court of appeals disagreed, holding there was some evidence supporting the award.  Ohio Admin. Code 4123:1-5-10(D)(3)(a)(iv) requires a point of operation device that protects the operator.  To prove an employer violated this safety requirement, a claimant need only show the press malfunctioned, caused injury, and the employer was on notice of a prior malfunction.  The claimant is not required to prove the cause of the malfunction.  Click here to read the court’s decision.



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