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STATE EX REL. BURTON v. INDUS. COMM.

No. 88-752.

46 Ohio St. 3d 170 (1989)

THE STATE, EX REL. BURTON, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided October 25, 1989.

Attorney(s) appearing for the Case

Weiner, Orkin, Abbate & Suit Co., L.P.A., Francis W. Bulloff and Walter Kaufmann, for appellant.

Anthony J. Celebrezze, Jr., attorney general, and Merl H. Wayman, for appellee Industrial Commission.

Schottenstein, Zox & Dunn Co., L.P.A., and James E. Davidson, for appellee Progressive Plastics, Inc.

Per Curiam.

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...

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