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State ex rel. Quality Stamping Products v. Ohio Bur. of Workers' Comp.12/30/1998
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:
"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 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 employer uses does not even provide for the verification of employee's ages. Reliance is also placed 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 fol
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