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STATE EX REL. PETRIE v. ATLAS IRON PROCESSORS INC.

No. 97-46.

85 Ohio St.3d 372 (1999)

THE STATE EX REL. PETRIE, APPELLANT, v. ATLAS IRON PROCESSORS, INC.; INDUSTRIAL COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided April 28, 1999.

Attorney(s) appearing for the Case

Shapiro, Kendis & Associates and Rachel B. Jaffy, for appellant.

Betty D. Montgomery, Attorney General, and Michael A. Vanderhorst, Assistant Attorney General, for appellee.

Per Curiam.

Ohio Adm.Code Chapter 4121:1-5 covers "workshops and factories." Claimant proposes that the scrapyard's perimeter fencing was a structural enclosure sufficient to classify it as a "workshop" and render Ohio Adm.Code Chapter 4121:1-5 applicable. We agree.

The fence, in this case, indeed set forth the boundaries of work activity. It also served to keep unauthorized nonemployees out, and, in so doing, established its confines as...

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