State ex rel. Target Auto Repair v. Morales
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The Supreme Court affirmed the judgment of the court of appeals denying a writ of mandamus ordering the Industrial Commission of Ohio to vacate its decision granting a specific safety requirement (VSSR) award to Josue Morales, holding that Target Auto Repair failed to establish plain error in the proceedings below.
Morales sustained injuries while working as a technician for Target Auto Repair. His workers' compensation claim was allowed for multiple conditions. The Commission further granted Morales's application for a VSSR award in the amount of fifty percent of the maximum weekly rate. Target Auto Repair subsequently brought this mandamus action. The court of appeals denied the mandamus request. The Supreme Court affirmed, holding that Target Auto Repair may not appeal the court of appeals' adoption of findings of fact or conclusions of law to which it failed timely to object.
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