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STATE EX REL. OLIVER v. SOUTHEASTERN ERECTORS, INC.

No. 94-1645.

76 Ohio St.3d 26 (1996)

THE STATE EX REL. OLIVER, APPELLANT, v. SOUTHEASTERN ERECTORS, INC.; INDUSTRIAL COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided July 3, 1996.

Attorney(s) appearing for the Case

Bella, Crosthwaite & Newman and Ronald T. Bella, for appellant.

Betty D. Montgomery, Attorney General, and Cheryl J. Nester, Assistant Attorney General, for appellee.

Per Curiam.

Claimant accuses the commission of abusing its discretion in finding Ohio Adm.Code 4121:1-3-09(F)(2) inapplicable,1 and refusing to consider whether Ohio Adm.Code 4121:1-3-03(J)(1) 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...

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