Indus. Comm. v. Monroe

• Decision Date: 23 December 1924
• Docket Number: 18506
• Citation: 111 Ohio St. 812,146 N.E. 213
• Parties: Industrial Commission Of Ohio v. Monroe Et Al.
• Court: Ohio Supreme Court

146 N.E. 213

111 Ohio St. 812

Industrial Commission Of Ohio v. Monroe Et Al.

No. 18506

Supreme Court of Ohio

December 23, 1924

Workmen's compensation - Award denied for occupational disease - Appeal does not lie to common pleas court - Section 14165-68b General Code.

Mr. C C. Crabbe, attorney general; Mr. R. R. Zurmehly, and Mr Vincent Tague, prosecuting attorney, for plaintiff in error.

Mr. T E. McElhiney, for defendants in error.

BY THE COURT.

In this case, Industrial Commission v. Monroe, it appears that Wilbert Monroe died on May 3, 1922, suffering from what was claimed to be an occupational disease known as lead poisoning. An application was made by his parents, defendants in error, to the Industrial Commission for compensation which was refused. An appeal was prosecuted to the court of common pleas of Perry county, and a finding made in favor of the applicants for compensation. Error was prosecuted to the Court of Appeals, which court affirmed the finding of the court of common pleas.

The sole question for determination is whether by the terms of Section 1465-68b, General Code, this action was appealable from the findings of the Industrial Commission. That section reads as follows:

"Every employe mentioned in the next preced- ing section and the dependent or dependents of such employe and the employer or employers of such employe shall be entitled to all the rights, benefits and immunities and shall be subject to all the liabilities, penalties and regulations provided for injured employes and their employers by Sections 1465-44 to 1465-108, General Code, inclusive, save and except Section 1465-90, General Code, which shall not apply to any case involving occupational disease, and also subject to such other modifications or exemptions hereinafter provided.

"The Industrial Commission shall have all of the powers, authority and duties with respect to the collection, administration and disbursement of the state occupational disease fund as are provided for in Sections 1465-44 to 1465-108, General Code, inclusive, providing for the collection, administration and disbursement of the state insurance fund for the compensation of injured employes."

It is claimed on the part of the Industrial Commission that in cases of this character its findings are final, and that the right of appeal given by Section 1465-90 is taken away. The legislature by the state Constitution is given the right to...