STATE, EX REL. WARR v. INDUS. COMM.

No. 76-893.

49 Ohio St. 2d 268 (1977)

THE STATE, EX REL. WARR, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided March 23, 1977.


Attorney(s) appearing for the Case

Messers. E. S. Gallon & Associates and Mr. John A. Cervay, for appellant.

Mr. William J. Brown, attorney general, and Mr. Gerold H. Waterman, for appellee Industrial Commission of Ohio.

Mr. Samuel M. Allen, for appellee Wulftange Iron Works, Inc.


Per Curiam.

At the time relator suffered his injuries, there were no guardrails or toeboards, provided around the sides of the opening in the floor. Relator claims that the failure to provide this safety equipment violated Industrial Commission Rules IC-3-03.05(B), IC-3-03.05 and IC-3-03.09.

There is some disagreement concerning whether the side of this opening were "unused" within the meaning of those rules. The record shows that at the time of the...

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