210 N.E.2d 724 (Ohio App. 10 Dist. 1965), State ex rel. Frank v. Keller

Citation210 N.E.2d 724, 3 Ohio App.2d 428
Opinion JudgeDUFFY, J.
Party NameThe STATE ex rel. FRANK, v. KELLER, Admr., Bureau of Workmen's Compensation, et al.
AttorneyRichard N. Larrimer, Columbus, for relator. William B. Saxbe, Atty. Gen., and Robert M. Duncan, Columbus, for respondents. Mr. Richard N. Larrimer, for relator., Mr. William B. Saxbe, attorney general, and Mr. Robert M. Duncan, for respondents.
Judge PanelBRYANT, P. J., and TROOP, J., concur.
Case DateMarch 02, 1965
CourtCourt of Appeals of Ohio

Page 724

210 N.E.2d 724 (Ohio App. 10 Dist. 1965)

3 Ohio App.2d 428

The STATE ex rel. FRANK,

v.

KELLER, Admr., Bureau of Workmen's Compensation, et al.

Court of Appeals of Ohio, Tenth District, Franklin.

March 2, 1965

Page 725

Richard N. Larrimer, Columbus, for relator.

William B. Saxbe, Atty. Gen., and Robert M. Duncan, Columbus, for respondents.

DUFFY, Judge.

This is an action in mandamus originating in this court.

Both parties have made a motion for summary judgment, asking this curt to determine whether Section 4123.57(B), Revised Code, as amended effective October 1, 1963 (130 Ohio Laws, pp. 926, 1466), can be applied in determining the percentage of permanent partial disability award for claimants whose injuries were received prior to the effective date of that amendment.

In the present action the parties are in agreement that at the time of injury (October 18, 1961), Section 4123.57(B) provided for the payment of compensation for permanent partial disability based on the percentage of permanent partial [3 Ohio App.2d 429] disability found by the Industrial Commission, and that approximately two years later (October 1, 1963) and before an award of compensation was made in the claim, the Legislature amended Section 4123.57(B) so that after providing for an award for permanent partial disability, the section contained the following:

'* * * No award shall be made under this division based upon a percentage of disability which, when taken with all other percentages of permanent disability, exceeds one hundred per cent. * * *'

Previously, effective November 2, 1959 (128 Ohio Laws, pp. 743, 757, 762), the Legislature had amended Section 4123.57 and had enacted Section 4123.571, Revised Code, which reads as follows:

'In connection with the procedural and remedial rights of employees, all claims which have accrued prior to the effective date of this act, whether or not an application for claim has been filed, or whether or not jurisdiction has been established or whether or not an application for an award under divisions (A), (B), (C), or (D) of section 4123.57 of the Revised Code has been filed shall be governed by the provisions of 4123.57 of the Revised Code, as amended by this act.'

The parties agree also that on December 11, 1963, the Industrial Commission made a determination that the relator had a 35% permanent partial disability...

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5 practice notes
  • 556 N.E.2d 467 (Ohio 1990), 88-2038, State ex rel. Sears, Roebuck & Co. v. Industrial Com'n of Ohio
    • United States
    • Ohio United States State Supreme Court of Ohio
    • 3 Julio 1990
    ...of R.C. 4123.57(B)." The referee based his recommendation in part on the holding in State ex rel. Frank v. Keller (1965), 3 Ohio App.2d 428, 32 O.O.2d 549, 210 N.E.2d 724, that the amendment to R.C. 4123.57(B), effective [52 Ohio St.3d 146] October 1, 1963, could not affect the substan......
  • 437 N.E.2d 288 (Ohio 1982), 81-1687, State ex rel. Samkas v. Industrial Com'n
    • United States
    • Ohio United States State Supreme Court of Ohio
    • 30 Junio 1982
    ...is a substantive right and is governed by the statutory law in effect on the date of injury.' State ex rel. Frank v. Keller (1965), 3 Ohio App.2d 428, 430, 210 N.E.2d 724. See, also, Young, Workmen's Compensation Law in Ohio (2 Ed.), 124, Section 7.1. "Therefore, regardless of the mann......
  • State ex rel. Ganson v. Industrial Commission of Ohio, 040709 OHCA10, 08AP-502
    • United States
    • Ohio United States Court of Appeals (Ohio)
    • 7 Abril 2009
    ...to apply for modification of workers compensation award accrues at time of claimant's injury); State ex rel. Frank v. Keller (1965), 3 Ohio App. 2d 428, 430 (the maximum amount of compensation to which a claimant is entitled is a substantive right and is governed by the statutory law in eff......
  • 234 N.E.2d 912 (Ohio 1968), 40982, State ex rel. Latino v. Industrial Commission
    • United States
    • Ohio United States State Supreme Court of Ohio
    • 13 Marzo 1968
    ...affect the disposition of this case because the injury here occurred before this amendment was enacted. State ex rel. Frank v. Keller, 3 Ohio App.2d 428, 210 N.E.2d 724. The appellees argue that the basic purpose of the Workmen's Compensation Act is to provide compensation for the impairmen......
  • Request a trial to view additional results
5 cases
  • 556 N.E.2d 467 (Ohio 1990), 88-2038, State ex rel. Sears, Roebuck & Co. v. Industrial Com'n of Ohio
    • United States
    • Ohio United States State Supreme Court of Ohio
    • 3 Julio 1990
    ...of R.C. 4123.57(B)." The referee based his recommendation in part on the holding in State ex rel. Frank v. Keller (1965), 3 Ohio App.2d 428, 32 O.O.2d 549, 210 N.E.2d 724, that the amendment to R.C. 4123.57(B), effective [52 Ohio St.3d 146] October 1, 1963, could not affect the substan......
  • 437 N.E.2d 288 (Ohio 1982), 81-1687, State ex rel. Samkas v. Industrial Com'n
    • United States
    • Ohio United States State Supreme Court of Ohio
    • 30 Junio 1982
    ...is a substantive right and is governed by the statutory law in effect on the date of injury.' State ex rel. Frank v. Keller (1965), 3 Ohio App.2d 428, 430, 210 N.E.2d 724. See, also, Young, Workmen's Compensation Law in Ohio (2 Ed.), 124, Section 7.1. "Therefore, regardless of the mann......
  • State ex rel. Ganson v. Industrial Commission of Ohio, 040709 OHCA10, 08AP-502
    • United States
    • Ohio United States Court of Appeals (Ohio)
    • 7 Abril 2009
    ...to apply for modification of workers compensation award accrues at time of claimant's injury); State ex rel. Frank v. Keller (1965), 3 Ohio App. 2d 428, 430 (the maximum amount of compensation to which a claimant is entitled is a substantive right and is governed by the statutory law in eff......
  • 234 N.E.2d 912 (Ohio 1968), 40982, State ex rel. Latino v. Industrial Commission
    • United States
    • Ohio United States State Supreme Court of Ohio
    • 13 Marzo 1968
    ...affect the disposition of this case because the injury here occurred before this amendment was enacted. State ex rel. Frank v. Keller, 3 Ohio App.2d 428, 210 N.E.2d 724. The appellees argue that the basic purpose of the Workmen's Compensation Act is to provide compensation for the impairmen......
  • Request a trial to view additional results