Industrial Commission v. Brown

Citations

• 92 Ohio St. (N.S.) 309

Syllabus

<p>Wokmen’s compensation — Occupational diseases not included — Act of May 31, 1911 (102 O. L., 524; Section 1465-37 et seq., General Code) — Authority conferred by Section 35, Article II, Constitution, 1912 — Not fully exercised by legislature.</p> <p>1. Under the provisions of the original workmen’s compensation act, passed May 31, 1911 (102 O. L., 524), a state insurance fund was created from which to provide compensation for death or injury (not wilfully self-inflicted), resulting from accidents to employes of employers both of whom voluntarily contributed to the fund under the conditions named in the act. An injury or death resulting from disease contracted in the course of such employment, known as an occupational disease, is not such as contemplated by the provisions of the act referred to, and cannot be made the basis of a claim for compensation from the insurance fund so provided.</p> <p>2. Although Section 35, Article II of the Constitution, as amended in September, 1912, authorizes the legislature to pass laws providing an insurance fund to compensate workmen and their dependents for death, injuries or occupational disease, occasioned in the course of employment, by compulsory' contribution, the general assembly has not yet provided by law for the compensation for injury or death from occupational disease.</p>