Gavalek v. Industrial Commission

Citations

• 100 Ohio St. (N.S.) 399

Syllabus

<p>Workmen’s compensation — Industrial commission — Jurisdiction not continuing, when — Section 1465-86, General Code, inapplicable, when — Judgment for lump sum on appeal — Failure of commission to prosecute error — Collateral attack in mandamus proceeding.</p> <p>G., an employe of an employer contributing to the workmen’s compensation fund, being denied “any compensation at all” by the Industrial Commission of Ohio, obtained judgment in a “lump sum” on appeal duly prosecuted. No error proceeding was prosecuted by the commission.</p> <p>Held: Such judgment although erroneous is not void, and cannot be collaterally attacked by the commission. The lump sum judgment so rendered must remain as the final determination of the rights of the parties and is not subject to the provisions of Section 1465-86, General Code.</p>