State, Ex Rel., v. Indus. Comm.

• Court: Ohio Supreme Court
• Writing for the Court: MARSHALL, C.J.
• Citation: State, Ex Rel., v. Indus. Comm., 169 N.E. 562, 121 Ohio St. 472 (Ohio 1929)
• Decision Date: 15 December 1929
• Docket Number: 21905
• Parties: The State, Ex Rel. Kauffman, v. Industrial Commission Of Ohio.

169 N.E. 562

121 Ohio St. 472

The State, Ex Rel. Kauffman, v. Industrial Commission Of Ohio.

No. 21905

Supreme Court of Ohio

December 15, 1929

Workmen's compensation - Appeal to common pleas court - Verdict and judgment determine only claimant's right to participate in fund - Section 1465-90, General Code - Industrial Commission ascertains disability and fixes compensation - Mandamus does not lie, where compensation discontinued, when.

1.

By virtue of Section 1465-90, General Code, in cases heard on appeal to a common pleas court from the Industrial Commission, the jury may only find whether or not the claimant is entitled to participate in the workmen's compensation fund, and the court may only pronounce judgment whether the claimant is entitled to participate in the workmen's compensation fund and to be paid in the manner provided by the workmen's compensation law.

2.

A verdict and judgment so entered and certified to the Industrial Commission do not impose upon the Industrial Commission a duty to pay compensation to any particular future date or for any particular extent of disability; it becomes the duty of the commission upon receiving such certificate to recognize the verdict and judgment as awarding some disability and to proceed to inquire the extent of such disability.

3.

Where the commission acts in obedience to such certificate of verdict and judgment and does not award to the claimant the amount he demands, the claimant has an adequate remedy at law.

IN MANDAMUS.

The facts are stated in the opinion.

Mr Chas. K. Pulse, for plaintiff.

Mr. Gilbert Bettman, attorney general, and Mr. R. R. Zurmehly, for defendant.

MARSHALL, C.J.

The relator, Edward O. Kauffman, was claimant against the workmen's compensation fund for injuries alleged to have been suffered in the course of employment on or about July 1 1925. Compensation was allowed by the Industrial Commission, and paid until April 4, 1926, at which time further compensation was denied. Thereupon the usual steps were taken to perfect an appeal to the court of common pleas, and on December 21, 1927, relator recovered a verdict before the court of common pleas of Hamilton county, Ohio, which verdict was in the usual form: "We, the jury, being duly impaneled and sworn, find the issues in this case in favor of the plaintiff, Edward O. Kauffman, and that said plaintiff is entitled to participate in the workmen's compensation fund." Thereupon judgment was entered, the pertinent portion of the entry being in the following language: "The court coming now to pronounce judgment on the verdict of the jury heretofore rendered herein, hereby orders and adjudges that the plaintiff Edward O. Kauffman, is entitled to participate in the Workmen's Compensation fund of the Industrial Commission of Ohio, and hereby orders compensation to be paid in the manner provided by the Workmen's Compensation Law."

This action being certified to the commission, further compensation was paid, covering the period from April 4, 1926, until December 31, 1926. The commission refusing to pay compensation beyond the latter date, claimant again applied for further compensation, and on June 4, 1929, the commission found that the proof was not sufficient to show that the relator was suffering disability as a result of the injury, and for that reason the commission refused to pay further compensation. The relator did not prosecute an appeal from that order, but filed in this court a petition in mandamus to compel the Industrial Commission to pay compensation beyond December 31, 1926. An answer was filed to the petition, and the foregoing facts appear without contradiction in the pleadings in this court. No evidence has been taken, and the cause is submitted for the judgment of this court upon the pleadings.

The petition in this court prays a writ of mandamus commanding the Industrial Commission to issue a warrant in favor of relator for compensation on a rating of total disability from December 31, 1926, to April 2, 1929.

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