State Ex Rel. Petrie v. Atlas Iron Proc., Unpublished Decision (4-28-1999)

Ohio Court of Appeals

State Ex Rel. Petrie v. Atlas Iron Proc., Unpublished Decision (4-28-1999)

DecidedApril 28, 1999

DocketNo. 97-46.

StatusUnpublished

This text of State Ex Rel. Petrie v. Atlas Iron Proc., Unpublished Decision (4-28-1999) (State Ex Rel. Petrie v. Atlas Iron Proc., Unpublished Decision (4-28-1999)) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State Ex Rel. Petrie v. Atlas Iron Proc., Unpublished Decision (4-28-1999), (Ohio Ct. App. 1999).

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Opinions

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 a place accessible only to employees for the purpose of carrying out the company's business.

Accordingly, the judgment of the court of appeals is reversed, and a limited writ is granted, which returns the cause to the commission for further consideration of claimant's application.

Judgment reversed and limited writ granted.

Douglas, Resnick, F.E. Sweeney, Pfeifer and Lundberg Stratton, JJ., concur.

Moyer, C.J., and Cook, J., dissent.

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