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STATE EX REL. ORBIT MOVERS & ERECTORS, INC. v. INDUS. COMM.

No. 92-395.

65 Ohio St.3d 344 (1992)

THE STATE EX REL. ORBIT MOVERS & ERECTORS, INC., APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 14, 1992.

Attorney(s) appearing for the Case

Thompson, Hine & Flory and Helen Mac Murray, for appellant.

Lee I. Fisher, Attorney General, and Scott A. Armour, Assistant Attorney General, for appellee Industrial Commission.

Butkovich, Schimpf, Schimpf & Ginocchio and J. Kent Breslin, for appellee Bregenzer.

Per Curiam.

Three questions are presented for our review:

(1) Whether Ohio Adm.Code 4121:1-3-20(D)(1) is applicable to the girt in question; (2) Whether there is "some evidence" to support the claimed violation; and (3) Whether claimant was negligent, thus precluding an award for a VSSR. For the reasons to follow, we affirm the judgment below.

The interpretation of specific safety requirements is within the commission's sound discretion.

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