State ex rel. Oliver v. Southeastern Erectors, Inc.

Claimant accuses the commission of abusing its discretion in finding Ohio Adm.Code 4121:l-3-09(F)(2) inapplicable,1 and refusing to consider whether Ohio Adm.Code 4121:l-3-03(J)(l) was violated. We are persuaded by claimant’s second contention only.

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. A requirement is sufficiently specific when it “embraces such lawful, specific and definite…