State v. Industrial Commission

In her first proposition of law, relator contends the uncontroverted evidence before the commission demonstrated a violation by the employer of the ventilation and exhaust requirements of IC-5-11 and, therefore, that the commission’s decision constitutes an abuse of discretion. IC-5-11.03, as it existed at the time of the decedent’s employment with Ransom & Randolph, provided in part:

“(A) Methods of Control

“Air contaminants shall be minimized by one or more of the following methods:

(i * * *

“(2) Confine or isolate the contaminant,

*30“(3) Remove at source. * * *,

“(4) Remove by dilution ventilation,