State ex rel. Penwell v. Indus. Comm’n
Annotate this CaseTo establish entitlement to an award for violation of a specific safety requirement (VSSR), a claimant must show that there was a specific safety rule (SSR) applicable to the employer, that the employer violated that SSR, and that the violation proximately caused the claimant’s injury. Cathy Penwell was injured when her left had was crushed in a hydraulic press. Her workers’ compensation was allowed for various serious injuries. Penwell also applied for a VSSR award, alleging that her injuries were caused by her employer’s failure to provide adequate safety restraints under the applicable safety rule. The Industrial Commission, through its staff hearing officer (SHO), concluded that there was no evidence of a VSSR. Penwell subsequently filed a complaint in mandamus in the court of appeals. The court of appeals agreed with the SHO’s determinations and denied the writ. The Supreme Court affirmed, holding that the Commission did not abuse its discretion in denying a VSSR award, and the court of appeals did not reweigh the evidence or otherwise improperly review the case.
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