State ex rel. Kenton Structural & Ornamental Iron Works, Inc. v. Industrial Commission

In 1995, David A. Hastings, David W. Winters, and Jerry R. Hart worked for appellant, Kenton Structural & Ornamental Iron Works, Inc. (“Kenton”). On March 20, the men were moving large tubing frames from one part of the plant to another, using an overhead crane. One of the frames was composed of six-inch-by-six-inch segments of one-quarter-inch metal tubing. While estimates vary, the frame was approximately ten feet by fifteen feet by thirteen feet. It weighed 9,384 pounds.

Hart and Hastings selected two chains that had successfully moved similar loads just days earlier. The chains were…