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STATE, EX REL. LYBURN CONSTR. CO., v. INDUS. COMM.

No. 83AP-626.

14 Ohio App. 3d 56 (1984)

THE STATE, EX REL. LYBURN CONSTRUCTION COMPANY, v. INDUSTRIAL COMMISSION OF OHIO ET AL.

Court of Appeals of Ohio, Franklin County.

Decided March 20, 1984.

Attorney(s) appearing for the Case

Messrs. Vorys, Sater, Seymour & Pease and Mr. Robert E. Tait, for relator.

Mr. Anthony J. Celebrezze, Jr., attorney general, and Mr. Lee M. Smith, for respondent Industrial Commission.

Messrs. Ward, Kaps, Bainbridge, Maurer, Bloomfield & Melvin and Mr. Robert L. Bridges, for respondent Carolyn Malott.

McCORMAC, P.J.

James W. Malott was killed when he fell from a scaffold while working as a painter for relator, Lyburn Construction Company. The widow-claimant, Carolyn Malott, made application for death benefits which was allowed by the Industrial Commission and paid without appeal.

Claimant then filed an application seeking an additional award for violation of a specific safety requirement. The Industrial Commission allowed the application, finding that the...

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