STATE EX REL. MAXEY v. INDUS. COMM.

No. 73-846.

38 Ohio St. 2d 12 (1974)

THE STATE, EX REL. MAXEY, APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO, APPELLANT.

Supreme Court of Ohio.

Decided April 10, 1974.


Attorney(s) appearing for the Case

Mr. E. S. Gallon and Mr. John A. Cervay, for appellee.

Mr. William J. Brown, attorney general, Mr. Michael J. Hickey and Mr. David J. Sherriff, for appellant.


Per Curiam.

It is uncontroverted that, at the time of relator's accident, the rolls of roofing paper which had previously secured the derrick to the roof had been removed and there was nothing fastening the derrick to the roof. Commission Rule I. C. 3-16.03 requires that a derrick be securely fastened in place. The failure to have the derrick secured to the roof where relator was working was a violation of a specific safety requirement.

The Industrial...

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