State Ex Rel. Quality Stamping Products v. Ohio Bureau of Workers' Compensation

1998 Ohio 325, 703 N.E.2d 309, 84 Ohio St. 3d 259, 1998 Ohio LEXIS 3295
CourtOhio Supreme Court
DecidedDecember 30, 1998
Docket1996-0419
StatusPublished
Cited by4 cases

This text of 1998 Ohio 325 (State Ex Rel. Quality Stamping Products v. Ohio Bureau of Workers' Compensation) 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. Quality Stamping Products v. Ohio Bureau of Workers' Compensation, 1998 Ohio 325, 703 N.E.2d 309, 84 Ohio St. 3d 259, 1998 Ohio LEXIS 3295 (Ohio 1998).

Opinions

Per Curiam.

Quality Stamping Products (“Quality Stamping”), appellant, seeks a writ of mandamus ordering appellee Industrial Commission of Ohio to vacate its order granting claimant Kajetan J. Koziol’s application for additional compensation based on the violation of a specific safety requirement (‘"VSSR”). The Court of Appeals for Franklin County denied the writ, finding that the commission had not abused its discretion in granting the award. We affirm.

In December 1987, Koziol injured his left hand severely while operating a power press for Quality Stamping. His workers’ compensation claim was allowed for “traumatic amputation left hand.” Koziol was only sixteen years old at the time of his industrial injury.

Koziol’s VSSR application explained the nature and effect of his injury. The application also charged Quality Stamping with having violated “ORC [Chapter] 4109, Employment of Minors,” and various safety regulations. On January 23, 1992, the commission found that Quality Stamping had violated Ohio Adm.Code 4101:9-2-11, which absolutely prohibits minors from operating a power press without automatic feed and ejection features, like the one that crushed Koziol’s hand. Koziol’s VSSR application did not specify a violation of Ohio Adm.Code 4101:9-2-11.

Quality Stamping challenged the VSSR award in an earlier mandamus action before the court of appeals. That action was ultimately dismissed without explanation by agreed stipulation. The entry of stipulated dismissal provided:

‘Whereas * * * Industrial Commission of Ohio * * * agrees to vacate its order of 1-23-92 and to place the matter on the hearing docket for VSSR claims for consideration only of whether [Quality Stamping] violated the requirements specified in paragraph 6 of claimant’s application, the parties hereto, through counsel, stipulate that this action is dismissed without prejudice.”

In compliance, the commission held another hearing on Koziol’s VSSR application. In the order that underlies this appeal, a commission hearing officer again found VSSR liability, explaining:

[261]*261“It is * * * the finding of the Staff Hearing Officer that the claimant’s injury was the result of the employer’s hiring of a minor without verifying his date of birth or completion of high school, as required by R.C. [Chapter] 4109, R.C. 4109.02, R.C. 4109.05 and R.C. 4109.06.

“It is therefore ordered that an additional award of compensation be granted to the claimant in the amount of 50 per cent of the maximum weekly rate under the rule of ‘State ex rel. Engle v. Industrial Commission’, 142 Ohio St. 425 [27 O.O. 370, 52 N.E.2d 743].

“Reliance for this decision is placed [on] the sworn statement of employer’s personnel director Kenneth Nayman wherein he stated that he asked claimant’s age before hiring him, the claimant provided him with a false date of birth, that he made no effort to verify claimant’s date of birth, and the * * * form [the] employer uses does not even provide for the verification of employee’s [sic ] ages. Reliance is also placed [on] claimant’s birth certificate a facsimile whereof is on file.

“Claimant has freely admitted to having lied about his age when seeking employment, and he has further freely admitted to having failed to use safety devices provided by employer. The Legislature, however, has established a public policy of protecting minors from dangerous employment in part out of recognition of the reckless proclivities of youth. The Commission rules employer may not avail itself of the defenses available to employers of adult workers in the same fact situation. The Commission rules that claimant’s youthful folly proximately caused his industrial injury, and that avoidance of such youthful folly and its consequences, as well as the furtherance of formal education, was the direct objective of the Legislature’s prohibition.

“Claimant’s Application cites Chapter 4109 of the Revised Code and specifically recites that the same refers to the ‘employment of minors.’ Employer was on notice of that aspect of this Application.

“Article II, Section 35 of Ohio’s Constitution specifically empowers the Industrial Commission to enforce safety legislation as well as its own regulations.

“R.C. 4123.89 is not itself a safety requirement., Therefore, it need not be cited with specificity in claimant’s Application, though articulation of the formula ‘employment of minors’ therein certainly places any literate reader on notice of the gist of claimant’s allegations. R.C. 4123.89, however, does specify how the Industrial Commission is to implement enforcement of R.C. [Chapter] 4109, its sections, and subsections.

[262]*262“R.C. 4109.06 provides with specificity the only circumstances under which a minor may be employed on hazardous equipment. It is clear that this claimant’s situation does not fall under these exceptions.

“Employer’s defense that R.C. [Chapter] 4109’s criminal sanctions are exclusive and immunize it from administrative liability is fascinating but unsupported by statutory or case law.

“ * * * It is noted that Chapter 4109, like Chapter 4301 of the Revised Code, shifts the burden of proof to the employer once the minority of the injured worker is established.

a ^ H* Hi

“Claimant’s Application filed November 17,1989 is GRANTED to the extent of this order.

(6 Hi * *

“The finding and order are based on the Investigation Report, Division of Safety and Hygiene, the evidence in file and evidence adduced at hearing.”

Quality Stamping requested the instant writ after the commission refused its request for rehearing. The court of appeals denied relief, effectively holding that (1) Koziol’s VSSR application provided Quality Stamping with sufficient notice prior to the commission’s finding of the R.C. 4109.02, 4109.05 and 4109.06 violations; and (2) Quality Stamping caused Koziol’s injury by hiring and employing a minor in violation of these statutes. We agree with the court of appeals.

Section 35, Article II of the Ohio Constitution authorizes additional awards to claimants injured by an employer’s failure to comply with specific safety requirements. This protection extends to minors employed in violation of child safety and welfare laws by operation of R.C. 4123.89, which makes such laws specific safety requirements within the meaning of the Constitution. State ex rel. Kanter Corp. v. Stringer (1981), 67 Ohio St.2d 8, 13, 21 O.O.3d 5, 8, 424 N.E.2d 282, 286. At the time of Koziol’s injury, R.C. 4123.89 provided, in part:

“When it is found upon hearing by the industrial commission that an injury, occupational disease, or death of any minor working in employment which is prohibited by any law enacted by the general assembly was directly caused by a hazard of such prohibited employment, the commission shall assess an additional award of one hundred per cent of the maximum award established by law, to the amount of the compensation that may be awarded on account of such injury, occupational disease, or death * * *.” 135 Ohio Laws, Part 1,1719.1

[263]*263The requirements and proscriptions in R.C.

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1998 Ohio 325, 703 N.E.2d 309, 84 Ohio St. 3d 259, 1998 Ohio LEXIS 3295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-quality-stamping-products-v-ohio-bureau-of-workers-ohio-1998.