State ex rel. Liberty Steel Prods., Inc. v. Indus. Comm.

Citations

• 245 N.E.3d 1227
• 2024 Ohio 2338

Syllabus

In this original action in mandamus, in which relator seeks a writ ordering the Industrial Commission of Ohio to vacate its finding that relator committed a violation of a specific safety requirement that was the proximate cause of claimant's injury, the decision of the magistrate is adopted and part and rejected in part. The magistrate's decision is adopted with respect to its recommendation to dismiss the claimant's motion to dismiss as moot, as well as with respect to the issues raised in relator's first and second objections, which are overruled. The magistrate's decision is rejected insofar as it finds that the commission did not abuse its discretion by failing to address relator's arguments under Ohio Adm.Code 4123:1-5-17(I)(1) and (J), and insofar as it recommends denying the writ. We grant a limited writ and remand this matter to the commission only for consideration of relator's arguments concerning the application of Ohio Adm.Code 4123:1-5-17(I)(1) and (J). The commission's motion to dismiss its Chairman Jim Hughes as a party is overruled as moot.