State ex rel. Sunesis Constr. Co. v. Indus. Comm. (Slip Opinion)

*297 {¶ 1} Appellant, Sunesis Construction Company, filed a petition for a writ of mandamus in the Tenth District Court of Appeals alleging that appellee Industrial Commission abused its discretion when it issued an award of additional compensation for violation of a specific safety requirement ("VSSR") based on Ohio Adm.Code 4123:1-3-13(D)(1), (D)(2), (E)(1), (E)(2), and (E)(4), which regulate trenches and excavations in the construction industry.

{¶ 2} The court of appeals concluded that there was some evidence supporting the commission's decision and denied the writ of mandamus. For the reasons…