73 N.E.2d 876
No. 30948Supreme Court of Ohio.
Decided June 11, 1947.
Workmen’s compensation — Additional award for violation of specific safety requirement — Employer may contest legal questions when sued for additional award — Section 1465-74, General Code — Jurisdiction of original action not conferred upon Supreme Court — Section 871-38, General Code.
APPEAL from the Industrial Commission.
An employee of Cincinnati House Wreckers, Inc., was injured while engaged in the demolition of a building. The employee filed a claim with the Industrial Commission and was paid workmen’s compensation for his injuries. Subsequently, he filed with the Industrial Commission a claim for an additional award for violation of a specific safety requirement, alleging that Cincinnati House Wreckers, Inc., had failed to comply with Section 258 of Bulletin 202 of the Code of Specific Safety Requirements Relating to Building and Construction
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Work. The Industrial Commission found the employer had violated a specific requirement and allowed an additional award of 50%, which was reduced to 30% on rehearing.
Thereafter Cincinnati House Wreckers, Inc., filed in this court a petition to set aside and vacate the order of the Industrial Commission allowing an additional award. The cause is submitted on the petition and answer thereto.
Messrs. Cowell, Fletcher Wiethe and Mr. Joseph I. Williams, for plaintiff.
Mr. Hugh S. Jenkins, attorney general, and Mr. R. Brooke Alloway, for defendant.
BY THE COURT.
In the petition and brief of the plaintiff it is stated that this action is brought in this court by virtue of Section 871-38, General Code.
In the case of Slatmeyer v. Industrial Commission, 115 Ohio St. 654, 155 N.E. 484, in which a petition in error from the Industrial Commission was filed in this court, it was held:
“Section 871-38, General Code, does not confer upon this court jurisdiction to review the decision of the commission in respect to the imposition of the added award. All questions relating to such additional award, save that upon which the decision of the commission is final, may be heard and determined in a single suit wherein the employer, when sued under Section 1465-74, General Code, for the compensation fixed, may contest the basic legal questions necessary to be determined by the commission before making such additional award. [citing cases]”
The petition in the instant case does not allege facts sufficient to invoke the original jurisdiction of this court conferred by Section 2, Article IV of the Constitution of Ohio.
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The prayer of the answer of the defendant is granted and the petition of the plaintiff is dismissed.
Petition dismissed.
WEYGANDT, C.J., TURNER, MATTHIAS, HART, ZIMMERMAN, SOHNGEN and STEWART, JJ., concur.