STATE, EX REL. v. INDUS. COMM., 135 Ohio St. 310 (1939)

20 N.E.2d 925

THE STATE, EX REL. MYERS v. INDUSTRIAL COMMISSION OF OHIO.

No. 27305Supreme Court of Ohio.
Decided April 26, 1939.

Workmen’s compensation — Reheating upon discontinuance of compensation — Section 1465-90, General Code (117 Ohio Laws, 86), not retroactive — Mandamus denied to compel reheating.

IN MANDAMUS.

Relator, William Myers, filed in this court a petition in mandamus, and issues were joined by answer and reply.

On April 23, 1930, relator was injured in the course of his employment. He made application for workmen’s compensation, and was paid for temporary total disability and the maximum of $3750 for temporary partial disability, but the commission on July 27, 1938, denied his subsequent application for compensation for the reason that relator was only partially and not totally and permanently disabled. He filed an application for rehearing, which the commission dismissed on October 3, 1938, for the reason that the order of July 27, 1938, dealt exclusively with the extent of disability and that question was solely within the jurisdiction of the commission.

Messrs. Dolle, O’Donnell Cash, for relator.

Mr. Herbert S. Duffy and Mr. Thomas J. Herbert, attorneys general, Mr. Eugene Carlin, Mr. C.L. Hawthorne and Mr. E.P. Felker, for respondent.

BY THE COURT.

The only question involved in this proceeding is thus stated in the brief of counsel for relator: “The controversy is simply whether or not Section 1465-90, General Code, which became effective July 3, 1937, applies. If it does, then this writ, admittedly, should be granted. The argument of respondent against its applicability rests solely on the

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effect of Section 26, General Code, with respect thereto.”

That question was answered by this court in State, ex rel. Longano, v. Industrial Commission, ante, 165, and a writ will, therefore, be denied.

Writ denied.

WEYGANDT, C.J., DAY, ZIMMERMAN, WILLIAMS, MYERS, MATTHIAS and HART, JJ., concur.