State ex rel. Kilburn v. Industrial Commission

The critical consideration in this case is whether the record contains some evidence which supports the commission’s factual determination that the water department’s principal business is not building and other construction or demolition work, thus rendering IC-3-11.03(A) inapplicable to the facts at bar.

Specifically, the pertinent language of IC-3-01.01 provides:

“Employers not engaged in building and other construction or demolition work as their principal business and having regularly assigned employees performing work covered by the provisions of this code shall not be considered within…