STATE, EX REL. McARTHUR LUMBER & POST CO., INC. v. INDUS. COMM.

No. 82-404.

6 Ohio St. 3d 217 (1983)

[THE STATE, EX REL.] McARTHUR LUMBER & POST CO., INC., APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided August 17, 1983.


Attorney(s) appearing for the Case

Messrs. Knepper, White, Arter & Hadden and Mr. Roger L. Saho, for appellant.

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

Chester T. Freeman Co., L.P.A., Mr. William R. Polhamus and Mr. Chester T. Freeman, for appellee Carl E. Perry.


Per Curiam.

The issue presented by this appeal is whether the commission abused its discretion in determining that the saw upon which claimant was injured was a rip saw governed by IC-5-06.04 (B). IC-5-06.04 (B)(1) specifies the type of guard required on a manually-fed circular rip saw, and provides, in pertinent part:

"(b) When in Use:

"When in use the hood-type guard shall automatically adjust itself to the thickness of and remain in contact...

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