Summary
In Industrial Commission v. Vail, 110 Ohio St. 301, 143 N.E. 7161, it was held that an application for compensation under the Workmen's Compensation Law, filed with the Industrial Commission prior to the effective date of an amendment to that law, is a proceeding within the provision of Section 26, and that therefore the amendment is not applicable in the trial of such action.
Summary of this case from State, ex Rel. v. WeilerOpinion
Nos. 18148 and 18149
Decided May 13, 1924.
Workmen's compensation — Appeal to common pleas court — Evidence not limited to record — Amended Section 1465-90, General Code — Pending action — Section 26, General Code.
ERROR to the Court of Appeals of Cuyahoga county.
Mr. Edward C. Stanton, prosecuting attorney; Mr. George C. Hansen; Mr. C.C. Crabbe, attorney general, and Mr. R.R. Zurmehly, for plaintiff in error in No. 18148.
Mr. A.C. Hasse, for defendant in error.
Mr. Edward C. Stanton, prosecuting attorney; Mr. George C. Hansen; Mr. C.C. Crabbe, attorney general, and Mr. R.R. Zurmehly, for plaintiff in error, in No. 18149.
Messrs. Landfear, Baskin Fleharty, for defendant in error.
An application for compensation under the Workmen's Compensation Law (Gen. Code, Sections 1465-37 to 1465-108) filed with the Industrial Commission of Ohio prior to August 16, 1921, the date the amendment to Section 1465-90, General Code, became effective, is a proceeding, within the provisions of Section 26, General Code, which ripens into an action upon an appeal from a denial of such claim by the Industrial Commission, and the amendment is not applicable in the trial of such action.
The judgment of the Court of Appeals is affirmed in both cases.
Judgments affirmed.
MARSHALL, C.J., ROBINSON, JONES, MATTHIAS, DAY and ALLEN, JJ., concur.
WANAMAKER, J., not participating.