State ex rel. Progressive Sweeping Contractors, Inc. v. Bureau of Workers' Compensation

The bureau must “classify occupations or industries with respect to their degree of hazard[.]” R.C. 4123.29(A)(1); State ex rel. Minutemen, Inc. v. Indus. Comm. (1991), 62 Ohio St.3d 158, 580 N.E.2d 777. At issue is PSC’s classification from January 1, 1988 through June 30, 1991.

In examining PSC’s occupational classification, we are mindful of two points: (1) absolute precision in occupational classification is often impossible, and (2) judicial deference to respondents’ occupational classification is required in all but the most extraordinary circumstances. As to the former, Professor Young…