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MIDWEST STEEL ERECTION CO. v. COM'R OF LABOR

No. 3-185A10.

482 N.E.2d 1369 (1985)

MIDWEST STEEL ERECTION COMPANY, Inc. Appellant (Petitioner below), v. COMMISSIONER OF LABOR OF THE STATE OF INDIANA, and the Indiana Board of Safety Review, Appellees (Respondents below).

Court of Appeals of Indiana, Third District.

Rehearing Denied December 11, 1985.

Attorney(s) appearing for the Case

Joseph Stalmack, James W. Roehrdanz, Galvin, Stalmack & Kirschner, Hammond, for appellant.

Charles L. Berger, Evansville, for appellees.

STATON, Presiding Judge.

Midwest Steel Erection Company, Inc. (Midwest) was cited by the Indiana Division of Labor for violation of standards adopted pursuant to the Indiana Occupational Safety and Health Act, IC 22-8-1.1-1 et seq. The Board of Safety Review upheld the citation, rejecting a hearing officer's recommendation that it be vacated on the grounds that the regulation in question was ambiguous and unenforceable. The trial court affirmed the decision of the...

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