Opinion

State ex rel. Hill v. Industrial Commission

  • 172 Ohio St. (N.S.) 115
Court
Ohio Supreme Court
Filed
Apr 5, 1961
Status
Published
Author
Bell
On the bench
Bell, Herbert, Matthias, Weygandt, Zimmerman
Cited by
0 cases

The opinion

Bell, J.,

concurring. Concededly, as pointed out in the dissenting opinion, it may at first appear incongruous to find, as the Industrial Commission did, that the decedent’s fatal injuries were caused by a violation of Section 161 of Bulletin 202, but that such section was not a specific safety requirement entitling relator to the additional compensation.

Obviously, if the boom of the crane near which the decedent was working came in contact with a live wire, there was not “ample” clearance between the boom and the wire and there was a consequent violation of the ‘ ‘ ample ’ ’ provision.

But the fact of such violation does not answer the question of whether the requirement is a “specific requirement” within the meaning of the Constitution. In my opinion, words such as “ample,” “such precautions as may be necessary,” “should,” and “recommendation” are not cpnsistent with the usual meaning of ‘'‘specific” as “precisely formulated * # # definite * * * of an exact or particular nature.” Webster’s New International Dictionary (2 Ed.).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.