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The Ohio Industrial Commission abused its discretion when it determined that an employer violated the safety regulations in Ohio Adm. Code 4123:1–5–14(G)(1) by failing to repair or replace a crane hook that was missing a safety latch and those in Ohio Adm. Code 4123:1–5–15(B) by failing to remove the crane from service due to the missing latch, proximately causing injury to an employee, held a divided state appellate court. The court said that neither rule set forth a specific safety requirement that required the employer to employ a latch or pull equipment from service any hoist that did not have such a latch. While the employer was liable for the employee’s injuries, it was not liable for a separate and distinct award for the alleged violation.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.
See State ex rel. Precision Steel Servs., Inc. v. Industrial Comm’n, 2015-Ohio–4798, 2015 Ohio LEXIS 3135 (Nov. 24, 2015) [2015-Ohio–4798, 2015 Ohio LEXIS 3135 (Nov. 24, 2015)]
See generally Larson’s Workers’ Compensation Law, § 105.06 [105.06]
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.
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