State ex rel. Frank Brown & Sons, Inc. v. Industrial Commission

Appellant first contends that the court of appeals’ interpretation of Ohio Adm. Code 4121: l-3-10(C)(ll) violates the constitutional mandate that a safety regulation be a specific requirement. Second, appellant contends that appellee’s unilateral negligence precludes a finding of VSSR liability. We agree with both contentions.

As to appellant’s first contention, Section 35, Article II of the Ohio Constitution states that the commission must determine whether the injury resulted from the employer’s failure “* * * to comply with any specific requirement.” Elaborating, this court, in State, ex…