State Ex Re Gross V. Industrial Commission of Ohio

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Date Submitted: 07/20/2012 08:11 PM

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State Ex Re Gross v. Industrial Commission of Ohio

In the case of State Ex Re Gross v. Industrial Commission of Ohio, David Gross worked for KFC, during his orientation; he was given an employee handbook on the safety rules. Despite the warnings in the employee handbook, Gross violated a safety rule by placing water in a pressurized deep fryer and opened the cooker’s lid while the water was boiling under extreme pressure and caused severe burning to him and two other employees.

The legal issue in this case is whether or not the industrial court abused its mandate by ruling against the appellate receiving temporary compensation for total disability (Walsh, 2010, p. 502). The court held the conduct for which Gross was fired and concluded that Gross left employment voluntarily because he had been involved in misconduct that did not warrant his receipt of compensation for total disability (Walsh, 2010, p. 504). The voluntary abandonment doctrine is when an employee intentionally quits employment while they are physically fit at the time of the desertion (Walsh, 2010, p. 504). I don’t think it should have been applied because in this Gross was negligent of the rules outlined in the safety book.

The practical consequence of this decision is because the appellate abandoned employment voluntarily, the court acted beyond its discretion. If Gross had not appealed, then he could not receive total disability compensation (Walsh, 2010, p. 505).

In conclusion, the case was correctly decided. The fact that the appeal Gross made, provided the final decision that was rightful and that it served both sides legally right and ethical.

Dietz v. Finley Fine Jewelry

In the case of Dietz v. Finley Fine Jewelry, Melissa Dietz works for Finlay Jewelry store, in September 1998, a customer wanted to purchase a diamond ring that was on sale. Dietz mistakenly charged the ring to the wrong account; she voided the transaction and sought assistance...