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STATE EX REL. BRILLIANT ELECTRIC SIGN COMPANY v. INDUS. COMM. OF OHIO

No. 78-740.

57 Ohio St. 2d 51 (1979)

THE STATE, EX REL. BRILLIANT ELECTRIC SIGN COMPANY, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL.. APPELLEES.

Supreme Court of Ohio.

Decided March 14, 1979.

Attorney(s) appearing for the Case

Mr. William M. Goldstein, for appellant.

Mr. William J. Brown, attorney general, Mr. Michael J. Hickey and Mr. William Naperstick, for appellee.

Messrs. Fontana, Ward & Kaps and Mr. William J. Melvin, for appellee claimant.

Per Curiam.

The sole issue raised by the instant cause is whether the Industrial Commission misconstrued Rule IC-3-05.03 (A) (5) so as to violate the command of Section 35 of Article II of the Ohio Constitution* that safety requirements be specific.

Rule IC-3-05.03(A) (5) provides in pertinent part:

"When it is necessary to move or operate derricks, cranes, or any other type of hoisting apparatus or construction...

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