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STATE, EX REL. MOSSER CONSTR., INC. v. INDUS. COMM.

No. 90-280.

61 Ohio St.3d 445 (1991)

THE STATE, EX REL. MOSSER CONSTRUCTION, INC., APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE, ET AL.

Supreme Court of Ohio.

Decided August 14, 1991.

Attorney(s) appearing for the Case

Arter & Hadden, Douglas M. Bricker and Judith E. Trail, for appellant.

Lee I. Fisher, Attorney General, Merl H. Wayman, Michael L. Squillace and Jetta Mencer, for appellee.

Per Curiam.

Ohio Adm.Code 4121:1-3-04(D)(1) states in part:

"Floor openings shall be guarded by a standard guard railing and toeboard or cover. * * *"

Appellant admits that the fatal floor opening was unprotected. It instead argues that: (1) appellant could not have satisfied Ohio Adm.Code 4121:1-3-04(D)(1) without violating another specific safety requirement, and (2) the commission improperly...

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