STATE, EX REL. KILBURN v. INDUS. COMM OF OHIO

No. 81-1562.

1 Ohio St. 3d 103 (1982)

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

Supreme Court of Ohio.

Decided July 28, 1982.


Attorney(s) appearing for the Case

Messrs. Beall, Hermanies & Bortz, Mr. John H. Hermanies and Mr. Ronald D. Major, for appellant.

Mr. William J. Brown, attorney general, and Mr. James E. Uprichard, Jr., for appellee Industrial Commission.

Mr. James L. Flannery, prosecuting attorney, and Mr. Michael E. Powell, for appellee Warren County Department of Water and Sewer.


Per Curiam.

The critical consideration in this case is whether the record contains some evidence which supports the commission's factual determination that the water department's principal business is not building and other construction or demolition work, thus rendering IC-3-11.03(A) inapplicable to the facts at bar.

Specifically, the pertinent language of IC-3-01.01 provides:

"Employers not engaged in building and other construction or...

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