State Ex Rel. Lyburn Construction Co. v. Industrial Commission

James W. Malott was killed when he fell from a scaffold while working as a painter for relator, Lyburn Construction Company. The widow-claimant, Carolyn Malott, made application for death benefits which was allowed by the Industrial Commission and paid without appeal.

Claimant then filed an application seeking an additional award for violation of a specific safety requirement. The Industrial Commission allowed the application, finding that the employer had violated IC-3-07.03(A).

The employer has commenced a mandamus action in this court seeking a writ of mandamus requiring the • Industrial…