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STATE EX REL. R. BAUER & SONS ROOFING & SIDING, INC. v. INDUS. COMM.

No. 95-2633.

84 Ohio St.3d 62 (1998)

THE STATE EX REL. R. BAUER & SONS ROOFING & SIDING, INC., APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 2, 1998.

Attorney(s) appearing for the Case

Dunlevey, Mahan & Furry, L.P.A., Gary W. Auman and D. Patrick Kasson, for appellant.

Betty D. Montgomery, Attorney General, and Cheryl J. Nester, Assistant Attorney General, for appellee Industrial Commission.

Gibson & Robbins-Penniman and Diane Burris, for appellee McClellan.

Per Curiam.

Three questions are presented for our review: (1) Did the commission abuse its discretion in allowing the amendment of McClellan's VSSR application to allege a violation of Ohio Adm.Code 4121:1-3-03(J)(1), the safetybelt/lifeline requirement? (2) Did the commission abuse its discretion in finding that Ohio Adm.Code 4121:1-3-09(F)(1), the catch-platform requirement, applies to gutter repair? and (3) Did the commission abuse its discretion...

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