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STATE EX REL. 31, INC. v. INDUS. COMM.

No. 2016-0968.

152 Ohio St.3d 350 (2017)

2017-Ohio-9112

THE STATE EX REL. 31, INC., APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 21, 2017.

Attorney(s) appearing for the Case

Black, McCuskey, Souers & Arbaugh, Brian R. Mertes , and Rod A. Moore , for appellant.

Michael DeWine , Attorney General, and Andrew J. Alatis , Assistant Attorney General, for appellee Industrial Commission.

Phillips & Mille Co., L.P.A., Nicholas E. Phillips , and Stewart S. Wilson , for appellee Duane Ashworth.

{¶ 1} This is an appeal in a mandamus case in which appellant, 31, Inc., challenges the order of appellee Industrial Commission granting an additional award for the violation of a specific safety requirement ("VSSR"). The commission determined that 31, Inc. had violated the "nip point" rule found in Ohio Adm.Code 4123:1-5...

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