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.