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State ex rel World Stamping and Manufacturing Co. v. Industrial Commission2/10/1999
[Cite as State ex rel. World Stamping & Mfg. Co. v. Indus. Comm. (1999), ___ Ohio St.3d ___.]
Workers' compensation - Violation of specific safety requirement -- Ohio Adm.Code 4121:1-5-10(C)(3)(a) - Failure to have front door guard on foot pedal of punch press - Industrial Commission does not abuse its discretion in finding that lack of a front foot pedal cover constituted a VSSR, when.
Submitted January 13, 1999
In Mandamus.
Respondent-claimant, John Suech, was hired by relator World Stamping and Manufacturing Company in June 1993. On September 29, 1993, claimant was assigned to one of the Bliss punch presses. Some of the presses at the company, including claimant's press, were activated by a foot pedal. These foot pedals were not permanently affixed to the machines but could instead be interchanged among the other similarly activated presses. Each foot pedal, at a minimum, was enclosed on the top, back, and sides to prevent accidental activation. Most of the foot pedals also had a spring-operated cover on the front.
On the date of injury, claimant reached into the Bliss punch press to dislodge a part. While doing so, claimant's foot slipped and the press cycled, severely injuring claimant's hand. Claimant stated that the pedal enclosure had no front cover.
After his workers' compensation claim was allowed, claimant sought additional compensation, alleging that World Stamping had violated a specific safety requirement ("VSSR"), Ohio Adm.Code 4121:1-5-10(C)(3)(a), which states:
"(C) Mechanical power press guarding."
" * * *"
"(3) Foot pedals (treadle)."
"(a) Pedal mechanism."
"The pedal mechanism shall be protected to prevent unintended operation from falling or moving objects or by accidental stepping onto the pedal."
A commission staff hearing officer granted claimant's application, finding that:
" he claimant's injury was the result of the cycling of the press via the foot pedal which was accidentally stepped on by claimant due to the foot pedal not having a front door (flap) to encase the pedal as required by 4121:1-5-10(c)(3)(a) * * *."
" * * *"
" section 4121:1-5-10(c)(3)(a) which states that `the pedal mechanism (of a mechanical power press) shall be protected to prevent unintended operation from falling or moving objects or by accidental stepping onto the pedal.' * * * he machine in question was, in fact, a mechanical power press per claimant's affidavit, the affidavit of Richard Harkness and the BWC investigator's report. Second, the claimant has alleged, as recorded by photos as labeled Exhibit 2b, that the pedal in question did not have a front (spring-loaded) door (flap) guard to encase the pedal, while the employer has alleged, as recorded by photos as labeled Exhibit 2a, that the pedal in question did have a front door guard. The staff hearing officer notes that the claimant's photos were taken on or about 11/29/93, while the investigator's photos were not taken until 11/16/94. Furthermore, the numerous statements, affidavits and testimony provided by Viola Armentrout, John P. Benko, and John R. Benko all demonstrate that these individuals did not know/remember whether or not the foot pedal had, in fact, a front door guard at the time of the accident. Therefore, based on the totality of evidence presented, the Staff Hearing Officer finds that the foot pedal in question did not have a front door guard to prevent it from being accidentally activated. Finally, pursuant to State ex rel. Jeep Corp. v. Indus. Comm. (1989), 42 Ohio St.3d 83 [537 N.E.2d 215], this failure to have a front door gu
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