The Butler County press. [volume] (Hamilton, Ohio) 1900-1946, 1931-05-15
Explanations and Reasons For Amendments to
Workmens Compensation Act, Passed by The
Ohio General Assembly, S. B. 1876, Gillen- Roberts

is now paid; the amendment raises
the amount to 140 weeks.
For loss of a hand-two-third Of
the average weekly wage for $50
weeks is now paid; the amendment
raises the amount to 165 weeks.
For loss of an arm-two- thirds of
the average weekly wage for 200
weeks is now paid; the amendment
raises the amount to 215 weeks.
In cases in which there is perma-
nent partial disability that does not
come under the schedule, and such
permanent partial disability affects
the earning capacity of the injured
worker, he is paid compensation at
the rate of two-thirds of the impair
ment shown in his earnings, until the
amount reaches $3.50. The amend
ment provides that compensation for
impairment in earnings may be paid
until the amount reaches $4,000.
There is no increase in the maxi
mum weekly compensation; and no
other increase in any items of COM
pensation except those herein men
toned
1862. When the present statute
was passed it was the intention that
in death cases, in which compensa-
tion or disability had been continuous
up to the time of death, compensa-
tion should be paid to the dependents
just the same as if the death had
occurred within two years of the date
the compensation paid to the injured
worker prior to his death shall be de-
Quoted from the death award The
intention was that this deduction
should be made from the total award
of compensation. For instance, if the
wages of the deceased worker was
such that it would entitle the depend
ents to maximum death award of
$4,000, for the eight year period fol-
lowing the death, and the injured
worker had been paid S3250 prior to
his death; the intention, was to de-
duct the $3250 from the $4,000 and
pay the dependents $3250. But, ow-
ing to the faulty language used in this
section the industrial commission has
construed the law to mean that in
such death cases the dependents are
entitled to an award of compensation
only for the balance of the period be-
tween the date of death and eight
years after the date of injury, and
that the amount of compensation paid
to the injured worker prior to his
death shall be deducted from this
award For instance, if the commits
sion makes an award to the depend
ents for the balance of the period
between the date of death and eight
years after the date of injury and
such award amounts to $3250, and if
the injured worker, prior to his death,
was paid compensation amounting to
$3250, the amount of $3250 paid to
the injured worker, prior to his death,
is deducted from the amount of $325O
awarded to the dependents, after
death, which leaves nothing to pay to
the dependents.
The purpose of the amendment is
to correct the language of the statute
so that the dependents, in such cases,
will actually be paid compensation
for the balance of the period between
the date of death and eight years
after the date of injury.
1465-83 The supreme court has
ruled that, in cases in which the in
iured worker dies before he files a
claim for compensation, or dies be-
| fore the industrial commission passes
upon his claim for compensation, and
such death has occurred from causes
/ other than injury and there are no
grounds for filing a death claim, the
industrial commission, under the pres
ent statute, has no authority to ac-
cept an application from the legal
representative of the deceased injur-
ed worker.
| The amendment will make it legal
for the proper legal representative
of the deceased injured worker to file
an application for compensation IN
such cases. The amendment will also
authorize the industrial commission
to pass upon such applications and
award compensation to the proper
person for the amount of compensa-
ton that would have been due and
payable to the deceased injured
worker up to the time of death, If
the case had been disposed of prior
to his death.
1465-86. This amendment provides
that no application for reconsidera-
ton can be made, if a case has been
dormant for ten years or more. In
other words, if there is any reason
why a former finding of the commits
sion should be modified in any case, II
must be brought to the attention OF
the commission within ten years OF
the date the claim was last before The
commission. The commission is alst
authorized to destroy files in claims