State ex rel. Capital City Excavating Co. v. Industrial Commission

The main issue raised by the instant cause is whether mandamus should lie to vacate the order of the Industrial Commission either because Rule IC-3-05.03(A) (5) of the Industrial Commission is not a specific safety requirement pursuant to Section 35 of Article II of the Ohio Constitution1 or because the commission abused its discretion when it made the specific safety requirement violation award.

I

Under the workers’ compensation scheme, an employee who has been injured because his employer has violated a specific safety requirement is eligible for additional compensation from that employer.…