Reeves v. Flowers

• Court: Ohio Supreme Court
• Writing for the Court: C. WILLIAM O'NEILL
• Citation: Reeves v. Flowers, 271 N.E.2d 769, 27 Ohio St.2d 40, 56 O.O.2d 22 (Ohio 1971)
• Decision Date: 30 June 1971
• Docket Number: No. 70-473,70-473
• Parties: , 56 O.O.2d 22 REEVES et al., Appellants, v. FLOWERS, Admr., Bureau of Workmen's Compensation, Appellee, et al.

Page 40

27 Ohio St.2d 40

271 N.E.2d 769, 56 O.O.2d 22

REEVES et al., Appellants, v. FLOWERS, Admr., Bureau of Workmen's Compensation, Appellee, et al.

No. 70-473.

Supreme Court of Ohio.

June 30, 1971.

Syllabus by the Court

Where and order of the Industrial Commission finds that a decedent's parents 'were not actual partial dependants at the time of his death,' but holds 'that their dependency did not exceed the $3,000 * * * awarded them for presumed dependency' by the administrator, and affirms the award made by the administrator, such order, by establishing a claimant's right to participate in the Workman's Compensation Fund, does not constitute a denial of a claim 'going to the basis of claimant's right' and, therefore, is not appealable to the Court of Common Pleas under the provisions of R.C. § 4123.519.

In 1967, Gerry W. Reeves was killed accidentally while in the course of his employment. At the time of his death, Reeves resided with his parents, plaintiff-appellants, Willard and Marian Reeves.

Appellants filed a claim of death benefits with the Administrator of the Bureau of Workmen's Compensation. The administrator found appellants to be presumptively dependant upon their son at the time of his death and allowed them the $3,000 award provided for in R.C. § 4123.59.

An appeal was taken to the Regional Board of Review, which board modified the administrator's order, finding that 'the parents, Willard and Marian Reeves were actual partial dependents of decedent at time of his death.'

Upon further appeal to the Industrial Commission, that body made the following order:

'The commission further finds from proof of record that decedent's parents Willard Reeves and Marian Reeves were not actual partial dependents at the time of his death and that their dependency did not exceed the $3,000 heretofore awarded to them for presumed dependency. It is therefore ordered that the finding and order of the Columbus Regional Board of Review dated October 31, 1968 be vacated; that the finding and order of the deputy administrator dated August 6, 1968 he reinstated and affirmed; that the appeal filed by decedent's parents be denied; that the administrator's appeal be granted to the extent of this order.'

Appellants then sought review in the Court of Common Pleas by filing a petition therein in which it was alleged that decedent, at the time of his death, 'was making substantial contribution' to the support of his parents. Appellants stated that the order of the Industrial Commission 'was a final order denying them the right to participate in the Workmen's Compensation Fund to the extent to which they are entitled.' The prayer was for 'the right to participate in the Workmen's Compensation Fund' and for a jury trial.

The administrator filed a demurrer to the petition on the grounds that it did not state a cause of action and the court lacked jurisdiction of the subject matter. The Court of Common Pleas overruled the demurrer, defendants elected not to plead further, and judgment was entered in favor of claimants.

An appeal was filed in the Court of Appeals. That court reversed the judgment finding 'that the order of the Industrial Commission, which was appealed by the plaintiff was not a decision other than a decision to the extent of disability and that the extent of participation in the Workmen's Compensation Fund was solely within the discretion of the Industrial Commission and that the Common Pleas Court was without jurisdiction over the subject matter of this cause of action.'

The cause is now before this court following the allowance of a motion to certify the record.

Rowland, Bridgewater & Robe and Erle Bridgewater, Jr., Athens, for appellants.

William J. Brown, Atty. Gen., R. Patrick Baughman, Cincinnati, and William M. Culbert, Columbus, for appellee Administrator of the Bureau of Workmen's Compensation.

C. WILLIAM O'NEILL, Chief Justice.

The question presented in this appeal is whether the order of the Industrial Commission, finding that decedent's parents 'were not not actual partial dependants at the time of his death and that their dependency did not exceed the $3,000 * * * awarded to them for presumed dependency' pursuant to R.C. § 4123.59, is appealable to the Court of Common Pleas under the provisions of R.C. § 4123.519.

R.C. § 4123.519 provides, in pertinent part:

'The claimant or the employer may appeal a decision of the Industrial Commission in any injury case, other than a decision as to the extent of disability, to the court of common pleas * * *. '* * *

'* * * The court, or the jury under the instructions of the court, if a jury is demanded, shall determine the right of the claimant to participate or to continue to participate in the fund upon the evidence adduced at the hearing of such action.'

In discussing the 'extent of disability' language contained in R.C. § 4123.59 in State ex rel. Mansour v. Indus. Comm. (1969), 19 Ohio St.2d 94, at pages 98 and 99, 249 N.E.2d 775, at page 778, the court said:

'In Carpenter...