Opinion

State ex rel. Harris v. Industrial Commission

  • 12 Ohio St. 3d 152
  • 12 Ohio B. 223
  • 465 N.E.2d 1286
  • 1984 Ohio LEXIS 1189
Court
Ohio Supreme Court
Filed
Jul 25, 1984
Status
Published
Author
Holmes
On the bench
Brown, Celebrezze, Holmes, Locher, Sweeney
Cited by
40 cases

Abrogated on other grounds by State ex rel. AK Steel Corp. v. Davis, 123 Ohio St. 3d 458 (2009)

Later courts went against this

  • Abrogated on other grounds by State ex rel. AK Steel Corp. v. Davis, 123 Ohio St. 3d 458 (2009)

    12 Ohio St.3d 152 , 153, 465 N.E.2d 1286 (1984), abrogated on other grounds , State ex rel. AK Steel Corp. v. Davis , 123 Ohio St.3d 458 , 2009-Ohio-5865
    Ohio Supreme CourtNov 12, 2009other groundsmedium confidenceRead it

The opinion

Holmes, J.,

concurring in part and dissenting in part. I dissent from that portion of the majority opinion which deals with power driven feed rolls. In my view, the Industrial Commission did not abuse its discretion in finding that the ink rolls were not power driven feed rolls under Ohio Adm. Code 4121:l-5-05(H).

Ohio Adm. Code 4121:l-5-01(B)(13) defines “feed rolls” as those “rolls which perform no other function than to feed material to the point of operation.” The ink rolls on appellee’s printing press do not satisfy this definition in two respects.

First, the ink rolls clearly served more than one function. Their primary purpose was to spread and distribute ink used in the printing process in an even manner to prevent build-up or smearing.

Second, the rolls do not advance or feed ink to the point of operation on the printing press. In fact, the rolls merely advance ink from a storage container to a metal plate roll which then transfers the ink to a middle cylinder encased with a rubber blanket. Finally, the blanket imprints the image onto the paper material at the point of operation. Since there are a number of intervening stages between the time the ink rolls spread and transfer the ink and the time an image is printed, the rolls clearly do not feed ink to the point of operation as required by Ohio Adm. Code 4121:l-5-01(B)(13).

Accordingly, I would affirm the judgment of the court of appeals on both issues.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.