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STATE EX REL. GRUNAU FIRE PROTECTION SYSTEMS, INC. v. INDUS. COMM.

No. 92-164.

65 Ohio St.3d 320 (1992)

THE STATE EX REL. GRUNAU FIRE PROTECTION SYSTEMS, INC., APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided December 14, 1992.

Attorney(s) appearing for the Case

William W. Johnston, for appellee.

Lee I. Fisher, Attorney General, and Gloria P. Castrodale, Assistant Attorney General, for appellants Industrial Commission and Bureau of Workers' Compensation.

Gallon & Takacs Co., L.P.A., and Theodore A. Bowman, for appellant Lytle.

Per Curiam.

The parties agree that the fixation and maintenance of the ladder did not comply with Ohio Adm.Code 4121:1-3-11(E)(1), which states in part:

"Fixed ladders shall be provided and maintained in place until temporary or permanent stairways are ready for use."

A VSSR, however, requires more than a showing of violation and proximate cause. It also demands that the claimant's employer be...

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