Should Supreme Court Reconsider Its Decision In 2006 Workers’ Compensation Case?
State of Ohio ex rel. David M. Gross v. The Industrial Commission of Ohio and Food, Folks & Fun, Inc., d.b.a. KFC, Case no. 2005-1689 Franklin County ISSUE: Should the Supreme Court reconsider its December 2006 decision in State ex rel. Gross v. Ohio Industrial Commission? BACKGROUND: This case involves David Gross, a 16-year-old kitchen worker at a fast-food restaurant, who suffered severe burns along with two co-workers in November 2003 when they were sprayed with water that Gross had heated to boiling in a pressure fryer despite prior warnings by his employer not to do so. Because his injuries occurred in the course of his employment, Gross applied for and was granted state workers’ compensation benefits for temporary total disability. After Gross’ award of benefits had been approved, his employer terminated his employment in February 2004 based on his violation of its safety rule prohibiting the boiling of water in the pressure fryer. After firing Gross, the employer filed a motion
