Snyder v. State Liability Board of Awards

Citations

• 94 Ohio St. 342
• 114 N.E. 268
• 1916 Ohio LEXIS 137

Syllabus

<p>Workmen’s compensation — Appeal from industrial commission — Confined to final action denying jurisdiction, when — Section 1465-90, General Code (103 O. L., 88) — Jurisdiction of commission continuing, when — Section 1465-86, General Code (103 O. L., 88) — Award by commission precludes appeal, when.</p> <p>1. The term “final action” as used in Section 1465-90, General Code (103 O. L., 88), has relation to the question whether or not the industrial commission has jurisdiction to allow compensation to a claimant out of the state insurance fund, and under the provisions of .that section, as a condition precedent to the right of claimant to file his appeal in the court of common pleas, there must he a denial of his right to participate at all in such fund, based upon one of the jurisdictional matters enumerated in the section.</p> <p>2. Where an award has been made to a claimant upon his application to the industrial commission its jurisdiction under the provisions of Section 1465-86, General Code (103 O. L., 88), is continuing and it may make such modification or change with respect to the award as in its opinion may be justified, and the provisions of Section 1465-90, General Code, providing for an appeal to the court of common pleas, are not applicable.</p>