State Ex Rel Devore Roofing & Painting v. Industrial Commission of Ohio

Submitted November 4, 2003 1. The relevant facts in this case are straightforward and undisputed. On June 29, 1998, claimant-appellant, Dennis R. Walden, received a multitude of massive injuries in the course of and arising from his employment as a roofer with appellee, Devore Roofing & Painting (""Devore""). Walden was electrocuted when a piece of aluminum downspout that he was maneuvering for installation on a building contacted an overhead electric power line. The force of the shock propelled Walden over a guarded side of the scaffold upon which he was working, and he fell at least 25 feet to the ground below. 2. Following the allowance of his workers' compensation claim, Walden filed an application for an additional award based on the violation of a specific safety requirement (""VSSR""), alleging that Devore had failed to comply with several provisions of Ohio Adm.Code Chapter 4121:1-3. As relevant here, a staff hearing officer (""SHO"") for appellant, Industrial Commission of Ohio, found (1) that Devore was in compliance with Ohio Adm.Code 4121:1-3-03(J)(1), which requires the employer to provide lifelines and safety belts when the employee is exposed to hazards of falling more than six feet, (2) that Devore had violated Ohio Adm.Code 4121:1-3-10(C)(4)(b), requiring guardrails on scaffolds, but that Walden had failed to prove that this violation was a proximate cause of his injuries, and (3) that Devore had violated Ohio Adm.Code 4121:1-3-07(E), which pertains to the operation of cranes, derricks, hoists, and other construction equipment in proximity to overhead electrical conductors. Based on the latter finding, the SHO granted an award of 40 percent of the maximum weekly rate, and the commission subsequently denied Devore's motion for a rehearing.