Roma v. Industrial Commission

Citations

• 97 Ohio St. (N.S.) 247

Syllabus

<p>Workmen’s compensation — Award denied claimant — Appeal to common pleas court — Award by jury — Periodical payment — Jurisdiction of industrial commission — Limitation for appeal —Notice to claimant.</p> <p>1. In cases arising by way of appeal from the decision of the Industrial Commission denying the right of a claimant to participate in the state insurance fund, a jury is without power to return a verdict fixing compensation to be paid in lump sum.</p> <p>2. The jury in such cases sits as an appellate Board of Awards, and in fixing the amount of compensation it is governed, as to amount of compensation and time and manner of payment, by the provisions of Sections 1465-78, 1465-79, 1465-80, 1465-81, 1465-82, 1465-83, 1465-84 and 1465-85, General Code. The award must provide for periodical payments.</p> <p>3. Any such award, from which error has not been prosecuted,, is to be certified by the trial court to the Industrial Commission, and thereafter is to be treated in all respects as if originally rendered by such commission.</p> <p>4. Such award is subject to the provisions of Section 1465-86, in respect to the continuing jurisdiction of the Board of Awards, and is subject to such modification and change as in the opinion of the board may be justified.</p> <p>5. Such award is also subject to the provisions of Section 1465-87, and such board may in cases of special circumstance, and when the same is deemed advisable, and not otherwise, commute the periodical benefits found to be due the claimant by the jury to one or more lump sum payments.</p> <p>6. The thirty-day period granted to employes within which they may appeal to the court of common pleas, in cases where their claims for participation in the state insurance fund have been denied by the Industrial Commission, as provided by Section 1465-90, General Code, does not begin to run against 'such claimant until he has received actual notice of the rejection of his claim.</p>