State ex rel. Cox v. Industrial Commission

423 N.E.2d 441, 67 Ohio St. 2d 235, 21 Ohio Op. 3d 147, 1981 Ohio LEXIS 571
CourtOhio Supreme Court
DecidedJuly 15, 1981
DocketNo. 80-1527
StatusPublished
Cited by19 cases

This text of 423 N.E.2d 441 (State ex rel. Cox v. Industrial Commission) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Cox v. Industrial Commission, 423 N.E.2d 441, 67 Ohio St. 2d 235, 21 Ohio Op. 3d 147, 1981 Ohio LEXIS 571 (Ohio 1981).

Opinions

Holmes, J.

First, it must be noted that the Court of Appeals held Ohio Adm. Code 4121-3-18(A)(l)(b)1 invalid as being in conflict with R. C. 4121.35(C), whereas, as stated, the rule which was in effect at the time of this matter was 4121-3-20(F)2. However, it appears that the same basic procedures were followed under the old rule as now under the new rule, and the underlying issue remains as to whether either rule, in the furtherance of the provisions of R. C. 4121.06(A), conflicts with R. C. 4121.35(C).

In issuing its writ of mandamus, the Court of Appeals held that R. C. 4121.35(C) mandates an appeal of right to the commission from a staff hearing officer’s decision denying an additional award. R. C. 4121.35(A) authorizes the appointment of staff hearing officers by the commission to hear and decide matters over which the commission has original jurisdiction. Included in the matters which may be heard and decided by a staff hearing officer are applications for additional awards for violation of a specific safety requirement. R. C. 4121.35(B)(4). R. C. 4121.35(C) reads:

“Staff hearing officers shall hold hearings on all matters referred to them for hearing. Hearing procedures shall conform to the rules of the commission as to notice, records, and [238]*238the form of the decision. Any person adversely affected by a decision of a staff hearing officer on a matter of original jurisdiction under divisions (B)(1) to (4) of this section may of right appeal that decision directly to the industrial commission.”

Applying R. C. 4121.35(C) alone, there would appear to be an appeal of right to the commission from a decision of a staff hearing officer. However, the commission and Inland (appellants) argue that there is an alternative method that the commission may employ to resolve matters such as the present one. They argue that when this method is employed there is no appeal to the commission.

The alternative method is an application of R. C. 4121.06 (A) which provides, in part:

“***Any investigation, inquiry, or hearing which the commission is authorized to hold or undertake may be held or undertaken by or before any one member of the commission, or by or before one of the deputies of the commission except as otherwise provided in Chapters 4121 and 4123 of the Revised Code, and every order made by a member, or by a deputy, when approved and confirmed by a majority of the members, and so shown on its record of proceedings, is the order of the commission.”

The argument of the appellants is that since the staff hearing officer’s decision was approved and confirmed by a majority of the commission’s members, the staff hearing officer was acting as a deputy and his decision was the order of the commission. Appellants further say that since the decision was the order of the commission, there can be no appeal to the commission because R. C. 4121.35(C) provides for an appeal only from the decision of a staff hearing officer.

Appellee argues that R. C. 4121.06(A) is not applicable to a request for an additional award for a violation of a specific safety requirement. Appellee points out that R. C. 4121.06(A) is limited by its own language to matters “except as otherwise provided in Chapters 4121 and 4123* * *.” Appellee continues that since R. C. 4121.35 provides an alternative procedure for the resolution of matters such as the present one, R. C. 4121.06(A) does not apply.

We agree with the position of appellants. The language in R. C. 4121.35, by which the commission delegates its adjudi[239]*239cative functions to staff hearing officers in matters over which the commission has original jurisdiction, is permissive,3 not mandatory. The commission, at its discretion, may appoint a staff hearing officer to hear certain matters on his own without the requirement that the commission approve and confirm the staff hearing officer’s decisions. Subsection (B)(4) specifically authorizes applications for additional awards for violations of specific safety requirements to be heard by staff hearing officers. If this approach is taken by the commission, procedural safeguards are provided the claimants by R. C. 4121.35(C) which grants a right of appeal of these decisions to the Industrial Commission.

It is argued by the appellee that the right of a deputy to hear applications for “additional award” cases is excepted by the language of R. C. 4121.06(A), which reads “except as otherwise provided in Chapters 4121 and 4123.” The appellants point out that this “excepting” language was placed in S. B. No. 545, the so-called omnibus workers’ compensation reform bill, to accommodate the provisions of R. C. 4121.34 which granted certain original jurisdiction powers of the commission to district hearing officers. Appellants state that this qualifying amendment to R. C. 4121.06(A) pertains to the delegation of the commission’s adjudicative function rather than the procedural safeguards of appeal afforded the parties.

We are in agreement with the appellants in this regard. We conclude that the qualifying language modifies the clause which grants the commission the power to delegate its adjudicative function. The qualification would seem to be reasonably necessitated by the grant of original jurisdiction to district hearing officers pursuant to R. C. 4121.34.

Based upon the foregoing, we hold that R. C. 4121.06(A) and 4121.35 may be utilized in the alternative by the Industrial Commission in the hearing of additional awards for specific safety violations and hold that Ohio Adm. Code 4121-3-18 (A)(1)(b) and 4121-3-20(D), (E), (F) and (G) comport with R. C. 4121.06(A), and when these procedural provisions are followed by the Industrial Commission the provisions of R. C. 4121.35(C) do not apply.

[240]*240Next we must decide whether the commission abused its discretion in not finding that appellee’s injuries were caused by Inland’s violation of a specific safety requirement.

Appellee’s complaint alleges that her injuries resulted from Inland’s failure to comply with regulations IC-5-03.05(A) and IC-5-03.06(B), requiring guards to protect workers from machinery.4 Specifically, appellee alleged that at the time of her injuries she was operating a “spin line,” a conveyor belt that carries metal parts. Further, she stated that the machine jammed and when she attempted to free the machine her hand became caught in the machinery. Appellee asserted that her injury occurred because a guard, designed to protect workers from certain moving parts within the conveyor line, had been removed. As stated above, the commission denied appellee’s request for an additional award, finding that no specific safety requirement was violated when appellee sustained her injuries.

In State, ex rel. Humble, v. Mark Concepts, Inc. (1979), 60 Ohio St. 2d 77, this court, at page 79, listed certain principles that govern the allowance of a writ of mandamus to compel the granting of an additional award for violation of a specific safety requirement, as follows:

“The law in Ohio is well settled. The determination of disputed factual issues and the interpretation of regulations is within the sound discretion of the Industrial Commission. State, ex rel. Allied Wheel Products, Inc., v. Indus. Comm. (1956), 166 Ohio St. 47, 50. This rule is sometimes referred to [241]*241as the ‘some evidence’ rule, i.e.,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State ex rel. Thompson Elec., L.L.C. v. Indus. Comm.
2017 Ohio 7611 (Ohio Court of Appeals, 2017)
State ex rel. Gay v. Mihm
1994 Ohio 296 (Ohio Supreme Court, 1994)
State ex rel. Noll v. Industrial Commission
567 N.E.2d 245 (Ohio Supreme Court, 1991)
State ex rel. Cotterman v. St. Marys Foundry
544 N.E.2d 887 (Ohio Supreme Court, 1989)
State ex rel. Fiber-Lite Corp. v. Industrial Commission
522 N.E.2d 548 (Ohio Supreme Court, 1988)
State Ex Rel. Moore v. Industrial Commission
504 N.E.2d 1125 (Ohio Court of Appeals, 1985)
State ex rel. Morrissey v. Industrial Commission
480 N.E.2d 810 (Ohio Supreme Court, 1985)
State v. Industrial Commission
480 N.E.2d 397 (Ohio Supreme Court, 1985)
State ex rel. Sanchez v. Industrial Commission
479 N.E.2d 864 (Ohio Supreme Court, 1985)
State ex rel. Posey v. Industrial Commission
466 N.E.2d 548 (Ohio Supreme Court, 1984)
State ex rel. Roberts v. Industrial Commission
460 N.E.2d 251 (Ohio Supreme Court, 1984)
State ex rel. Mitchell v. Robbins & Myers, Inc.
453 N.E.2d 721 (Ohio Supreme Court, 1983)
State ex rel. Berry v. Industrial Commission
448 N.E.2d 134 (Ohio Supreme Court, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
423 N.E.2d 441, 67 Ohio St. 2d 235, 21 Ohio Op. 3d 147, 1981 Ohio LEXIS 571, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-cox-v-industrial-commission-ohio-1981.