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Ohio. Same story new question on OAC
#1
Brief story. 17 year old employed on a prohibited machine per minor labor codes OAC and federal regulations. Finger was amputated because of said task. I found a very helpful OAC.  I knew it was out there and was told on another board I was wrong. OAC 4123.89


 4123.89 Minor is sui juris - additional award for violation.


For the purpose of this chapter, a minor is sui juris, and no other person shall have any cause of action or right to compensation for an injury to the minor employee, but in the event of the award of a lump sum of compensation to the minor employee, the sum shall be paid to the legally appointed guardian of the minor or in accordance with section 2111.05 of the Revised Code.
When it is found upon hearing by the industrial commission that an injury, occupational disease, or death of a minor working in employment which is prohibited by any law enacted by the general assembly was directly caused by a hazard of such prohibited employment, the commission shall assess an additional award of one hundred per cent of the maximum award established by law, to the amount of the compensation that may be awarded on account of such injury, occupational disease, or death, and paid in like manner as other awards. If the compensation is paid from the state fund, the premium of the employer shall be increased in such amount, covering such period of time as may be fixed, as will recoup the state fund in the amount of the additional award.


I've made a few phone calls. Hitting brick walls. Anyone have a clue how to file or have this enforced? Would it be included on a vssr claim? Schedule C86 motion form? Ive stumped several departments and no lawyer we spoke too made mention of such a thing. 
 
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#2
sounds there is a serious lack of legal competence in your part of the state.
Workers compensation is a recognized legal specialty in Ohio so that's puzzling.
Is the BWC unresponsive to your inquiries?
Generally in lieu of a specific finding by a commission wording to same effect in settlement papers approved by them should satisfy the code.
I can only give you general information as to how similar provisions are applied in other jurisdictions.
I have not applied this particular code to an Ohio claim.

What is interesting is that the second part of this code is specific to the age of the employee and exclusive of any safety violation; which could make it additional to the vssr award. Whether it is additional  and not duplicative in this case is unclear.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
I GREATLY appreciate your input. I am glad to be treated with kindness and respect on this forum. It is a situation that is out of the ordinary so I expected some issue getting answers or finding someone who has handled a situation like this. I kept being told all he was entitled to at this point was the scheduled loss and I had read on a blog about extra compensation for minors. I just could not find anyone offering this info. Thank goodness I am determined to figure this out. haha.

I called my local BWC and they were kind and responsive just unaware of this statute. She asked their in house attorney and it was a new one to him. She suggested filing a C86 requesting relief under the OAC. She didn't seem totally confident. But I sent it this afternoon along with a C86 for the scheduled loss.  My concern is I only have until June 17th to have everything filed as that is the 2 year date. (DOL took until Jan this winter to close out and release the investigation for us to know the exact infractions and where to go from there. OSHA closed out and fined him fast)

I called the Safety Unit? (that handles vssr) she was also kind but not totally clear. She said that if/when I file a VSSR this would then apply (not certain if in addition or just bumps it up to 100%-that is not my concern currently-Ill cross that bridge when we need to)
But I spoke with an attorney regarding the VSSR prior to seeing this code and I was told a VSSR claim falls into a very specific set of standards in OAC 4123 which I looked at and his employment did not fall into any of those catagories.
I did find a case from 1992-98 where it cited a minor labor law almost identical to our situation and was awarded a VSSR and upheld at the supreme court level-but did not say at what percent. It mentioned the code regarding the 100% but only said that wasn't a specific safety requirement-not if it was applied to the VSSR. So that confused me.

I did contact Ombuds yesterday and will see what information they can provide me with. Seems that no matter what office I speak with they have not dealt with this and no one has given me an exact answer-yet.
 
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#4
if the house counsel for the BWC is not knowledgeable then it does leave your son in a difficult situation as far as representation.
in that case it might be important for him to retain an atty that is stubborn and willing to litigate.
because comp atty fees are generally lower it may be difficult to find someone to work on the case for an extended period. in the end, the practical solution may be to accept a settlement.
a possible resource in finding an atty may be the state bar.
they may have a committee for work comp law and talking to someone from the committee as possible attys could be helpful.
they also have a community forum that might provide additonal information
https://connect.ohiobar.org/communities/allcommunities

another source might be a local law school. while workers comp is very small specialty and doesn't get much attention they may have someone who can direct you to other legal resources.
and there is always your local legislator. they have staff that may be able to find you a knowledgeable resource.

it's hard to believe there haven't been more work injuries to minors. many hotels and restaurants are unionized. you would think the union attys handling cases for busboys and dishwashers, etc. would be familitar with the labor and comp laws for minors.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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