STATE, EX REL. REPUBLIC RUBBER DIV. v. MORSE.

No. 32890.

157 Ohio St. 288 (1952)

THE STATE, EX REL. REPUBLIC RUBBER DIVISION, LEE TIRE & RUBBER CORP., v. MORSE ET AL., INDUSTRIAL COMMISSION OF OHIO

Supreme Court of Ohio.

Decided March 26, 1952.


Attorney(s) appearing for the Case

Messrs. Harrington, Huxley & Smith, Mr. Norman A. Emery and Mr. Jay C. Brownlee, for relator.

Mr. C. William O'Neill, attorney general, Mr. Chalmers P. Wylie and Mr. Leander P. Zwick, Jr., for respondents.


STEWART, J.

The question presented to us is whether a claimant is entitled to the maximum death award where an injury does not cause death but merely accelerates it, or must the award be apportioned.

Section 1465-68, General Code, reads in part as follows:

"Every employee mentioned in Section 1465-61, who is injured, and the dependents of such as are killed in the course of employment, wheresoever such injury has occurred, provided the same was not...

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