State ex rel. Armstrong Steel Erectors, Inc. v. Indus. Comm’nAnnotate this Case
Employee, an ironworker, was injured in a fall while working for Employer, a subcontractor on a bridge project. Employee’s workers’ compensation claim was allowed for multiple injuries sustained in the fall. Two years after the incident, Employee applied for an additional award for Employer’s violation of a specific safety requirement (VSSR), alleging that his fall was caused by Employer’s violation of numerous specific safety regulations. A staff hearing officer with the Industrial Commission granted a VSSR award. Employer filed a complaint and an amended complaint in mandamus, seeking a writ that would compel the Commission to vacate its order and to refund all additional compensation that had been paid by Employer as a result the VSSR award. Employer asserted that the Commission abused its discretion by finding that Employer violated a specific safety requirement because Employee’s injuries were the result of his failure to wear the appropriate personal protective equipment. The court of appeals denied the writ. The Supreme Court affirmed, holding that the Commission did not abuse its discretion when it issued a VSSR award, and therefore, the court of appeals properly denied Employee’s request for a writ of mandamus.