State ex rel. Zito v. Industrial Commission

The basis for the commission’s denial of ap-pellee’s application for an additional award was that ABC, ap-pellee’s employer, did not construct the scaffold from which appellee fell. The commission reasoned that since the scaffold was constructed by ABC’s subcontractor, and not by ABC, there is no liability on the part of ABC for a specific safety requirement violation.

Compensation for a specific safety requirement violation is predicated on Section 35 of Article II of the Ohio Constitution, which provides, in part:

“***Such board [the Industrial Commission] shall have full power and authority…