State ex rel. Petrie v. Atlas Iron Processors, Inc.

Ohio Supreme Court

State ex rel. Petrie v. Atlas Iron Processors, Inc.

708 N.E.2d 716, 85 Ohio St. 3d 372

CourtOhio Supreme Court

DecidedApril 28, 1999

DocketNo. 97-46

StatusPublished

Cited by10 cases

This text of 708 N.E.2d 716 (State ex rel. Petrie v. Atlas Iron Processors, Inc.) is published on Counsel Stack Legal Research, covering Ohio Supreme Court 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 Processors, Inc., 708 N.E.2d 716, 85 Ohio St. 3d 372 (Ohio 1999).

Pincite

Opinions

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 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 unit granted.

Douglas, Resnick, F.E. Sweeney, Pfeifer and Lundberg Stratton, JJ., concur. Moyer, C.J., and Cook, J., dissent.

Free access — add to your briefcase to read the full text and ask questions with AI