State ex rel. Buehler Food Markets, Inc. v. Industrial Commission

I — H

Appellant-employer maintains that the commission erred in determining that the top of the walk-in cooler was a “platform” and that the specific safety requirement as applied to this “platform” is so vague that it denies appellant constitutional due process.

The Court of Appeals found that the commission was within its discretionary authority in making the determination that the top of the walk-in cooler fell within the purview of the generally accepted concept of a platform. It was elevated eight feet above the main floor, was approximately 19V2 feet long by 10 feet wide, and there were…