State ex rel. Johnson v. Hilltop Basic Resources, Inc.

Appellee and cross-appellant, Hilltop Basic Resources, Inc., is an open-pit sand and gravel mine and plant. On August 2, 1996, claimant Emmett L. Johnson, Jr., the appellant and cross-appellee herein, was severely injured on the job. A workers’ compensation claim was promptly allowed.

On August 1, 1997, claimant filed the first of four applications asserting violations of specific safety requirements (“VSSR”). Claimant later dismissed the application with the intent to refile “under a different regulation.”

On July 30, 1998, claimant refiled, alleging three violations of Ohio Adm.Code Chapter…