STATE EX REL. JOHNSON v. HILLTOP BASIC RESOURCES, INC.

No. 00-2255.

95 Ohio St.3d 36 (2002)

THE STATE EX REL. JOHNSON, APPELLANT AND CROSS-APPELLEE, v. HILLTOP BASIC RESOURCES, INC., APPELLEE AND CROSS-APPELLANT; INDUSTRIAL COMMISSION OF OHIO, APPELLEE, ET AL.

Supreme Court of Ohio.

Decided April 10, 2002.


Attorney(s) appearing for the Case

Anthony B. Pennington, for appellant and cross-appellee.

Taft, Stettinius & Hollister, L.L.P., Charles M. Stephan and Eric K Combs, for appellee and cross-appellant.

Betty D. Montgomery, Attorney General, and Cheryl J. Nester, Assistant Attorney General, for appellee.


Per Curiam.

Appellee and cross-appellant, Hilltop Basic Resources, Inc., is an open-pit sand and gravel mine and plant. On August 2, 1996, claimant Emmett L. Johnson, Jr., the appellant and cross-appellee herein, was severely injured on the job. A workers' compensation claim was promptly allowed.

On August 1, 1997, claimant filed the first of four applications asserting violations of specific safety requirements ("VSSR"). Claimant later...

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