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STATE EX REL. HOSKINS v. INDUS. COMM.

No. 97-573.

85 Ohio St.3d 670 (1999)

THE STATE EX REL. HOSKINS, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 23, 1999.

Attorney(s) appearing for the Case

Eric R. Dieterich, for appellant.

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

Mansour, Gavin, Gerlack & Manos Co., L.P.A., and John F. Burke III, for appellee Boyas Excavating.

Per Curiam.

Ohio Adm.Code 4121:1-3-19(H)(2) reads:

"(H) Removal of steel construction.

"* * *

"(2) Dropping structural steel.

"Employees shall not be required to drop structural steel except into a specially barricaded or otherwise fully protected area."

The commission concluded that claimant was not "dropping structural steel" when injured, rendering the provision inapplicable. Upon review, we find no abuse...

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