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STATE EX REL. BUEHLER FOOD MARKETS, INC. v. INDUS. COMM.

No. 80-519.

64 Ohio St. 2d 16 (1980)

THE STATE, EX REL. BUEHLER FOOD MARKETS, INC., APPELLANT AND CROSS-APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE; McKEE, APPELLEE AND CROSS-APPELLANT.

Supreme Court of Ohio.

Decided November 19, 1980.

Attorney(s) appearing for the Case

Messrs. Ward, Kaps, Bainbridge, Maurer, Bloomfield & Melvin, Mr. William J. Melvin and Mr. Robert L. Bridges, for appellant and cross-appellee.

Mr. John R. Workman, for appellee and cross-appellant.

Mr. William J. Brown, attorney general, and Mr. Lee M. Smith, for appellee Industrial Commission of Ohio.

Per Curiam.

I.

Appellant-employer maintains that the commission erred in determining that the top of the walk-in cooler was a "platform" and that the specific safety requirement as applied to this "platform" is so vague that it denies appellant constitutional due process.

The Court of Appeals found that the commission was within its discretionary authority in making the determination that the top of the walk-in cooler fell within the purview...

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