State ex rel. Burton v. Industrial Commission

To successfully assert a VSSR, a claimant must establish that his or her injury resulted from the employer’s failure to comply with a specific safety requirement. State, ex rel. Whitman, v. Indus. Comm. (1936), 131 Ohio St. 375, 6 O.O. 88, 3 N.E. 2d 52. This is a factual question resting exclusively with the commission. State, ex rel. Haines, v. Indus. Comm. (1972), 29 Ohio St. 2d 15, 58 O.O. 2d 70, 278 N.E. 2d 24. Where its decision is supported by “some evidence,” the commission has not abused its discretion and mandamus will not lie. State, ex rel. Burley, v. Coil Packing, Inc. (1987), 31…