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STATE EX REL. ADVANCED METAL PRECISION PRODS. v. INDUS. COMM.

No. 2005-1631.

111 Ohio St.3d 109 (2006)

2006-Ohio-5336

THE STATE EX REL. ADVANCED METAL PRECISION PRODUCTS, APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided November 1, 2006.

Attorney(s) appearing for the Case

Marshall & Melhorn, L.L.C., Thomas W. Palmer, David L. O'Connell, and Roman Arce, for appellee.

Jim Petro, Attorney General, Dennis L. Hufstader, and Shawn W. Wollam, Assistant Attorneys General, for appellant Industrial Commission.

Fell & Marcus Co., L.P.A., and Lisa A. Grego, for appellant Gloria Knowles.

Per Curiam.

{¶ 1} We are asked to revisit the definition ascribed to the term "operating cycle" as used in former Ohio Adm.Code 4121:1-5-11(E).1 Upon review, we conclude that the definition merits a more expansive interpretation than used currently and hold that "operating cycle" includes both intentional and accidental press activation by the machine's operator...

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