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STATE, EX REL. PRE FINISH METALS, INC., v. INDUS. COMM.

No. 87-731.

39 Ohio St. 3d 314 (1988)

THE STATE, EX REL. PRE FINISH METALS, INC., APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided November 16, 1988.

Attorney(s) appearing for the Case

Eastman & Smith, John T. Landwehr and Thomas J. Gibney, for appellant.

Brown, Baker, Schalageter & Craig and Stephen P. Koder, for appellee Loving.

Anthony J. Celebrezze, Jr., attorney General, Helen M. Ninos and Merl H. Wayman, for appellee Industrial Commission.

Per Curiam.

Appellant concedes that the ladder in question was not equipped with safety shoes, spurs, or metal spikes. The question before us is whether the commission abused its discretion in defining the ladder as a "single ladder" and in determining that Ohio Adm. Code 4121:1-5-03(C) (2)(b)(ii) was inapplicable. We hold that it did not.

Ohio Adm. Code 4121:1-5-03(C)(2) (b) states:

"(i) All portable ladders shall be equipped with safety shoes...

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