Fassig v. State ex rel. Turner

Citations

• 95 Ohio St. (N.S.) 232

Syllabus

<p>Workmen’s compensation — Section 35, Article II, Constitution, 1912 —Power of general assembly to make law effective — Legislature cannot confer judicial powers — Upon tribunals other than courts — May clothe administrative officers with prescriptive duties — In aid of judicial procedure — Validity of Section 27 of compensation act — Employer entitled to trial by jury, when —Compensatory rights of injured employe — Confined to limits of employment.</p> <p>1. In the exercise of the power granted by Section 35, Article II of the Constitution, to pass a compulsory compensation law, the general assembly is authorized to include all such reasonable provisions as are necessary to make the law effective and to accomplish the purpose expressed in the constitutional provision referred to.</p> <p>2. The line which separates power to make laws from power to interpret and apply laws is not exactly defined. The legislature cannot confer upon tribunals, other than courts, powers which are strictly and conclusively judicial. But in providing for the enforcement of its enactments, it may clothe administrative officers with power to ascertain whether certain specified facts exist, and thereupon to act in a prescribed manner, without delegating to such officers legislative or judicial power within the meaning of the constitution.</p> <p>8. The provisions of Section 27 of the workmen’s compensation act (103 O. L., 72, 82), constitute a valid exercise of the legislative power, not repugnant to the federal or state constitution, nor to any limitation contained in either.</p> <p>4. On the trial of an action brought pursuant to Section 27 of the same act against an employer who has failed to comply with the law and with the order of the commission, the defendant ' employer is entitled to a trial by jury; but on the finding of the issues in favor of plaintiff, the amount of the verdict will be the sum fixed by the commission under the schedule provided in the statute.</p> <p>5. The prov