Opinion
No. 27847
Decided March 20, 1940.
Workmen's Compensation — Appeal — Section 1465-90, General Code (111 Ohio Laws, 227) — Denial of right to participate by one claiming as dependent — Section 1465-82, General Code.
CERTIFIED by the Court of Appeals of Cuyahoga county.
Frank Liezin sustained injuries in the course of and arising out of his employment by a contributor to the Workmen's Compensation Fund and died as a result of such injuries.
Mary Liezin, his mother, filed an application with the Industrial Commission for a death award as a dependent upon her son at the time of his death. Her application was disallowed for the reason that she was not a dependent within the purview of Section 1465-82, General Code. After rehearing, the Industrial Commission disallowed her claim for the reasons:
"* * * that the decedent's mother, Mary Liezin, as well as decedent's sister, Josephine Liezin, aged 15, were neither wholly nor partially dependent on decedent for support at the time of injury and death and their dependency is denied."
Mary Liezin filed her appeal in the Common Pleas Court of Cuyahoga county under Section 1465-90, General Code (111 Ohio Laws, 227). A jury having been waived, the Court of Common Pleas rendered a finding and judgment that the claimant was entitled to participate in the Workmen's Compensation Fund. The Court of Appeals affirmed that judgment, but finding its judgment in conflict with State, ex rel. Davis, v. Industrial Commission, 58 Ohio App. 325, 16 N.E.2d 556, certified the record to this court for review and final determination.
Mr. Charles Auerbach, for appellee.
Mr. Thomas J. Herbert, attorney general, and Mr. E.P. Felker, for appellant.
The judgment of the Court of Appeals is affirmed on authority of paragraph one of the syllabus in Welsh v. Industrial Commission, ante, 387, and Garner, Gdn., v. B. F. Goodrich Co., ante, 397, this day decided.
Judgment affirmed.
DAY, WILLIAMS, MYERS, MATTHIAS and HART, JJ., concur.