STATE, EX REL. CESTONE v. IND. COM.

No. 33325.

159 Ohio St. 554 (1953)

THE STATE, EX REL. CESTONE, v. INDUSTRIAL COMMISSION OF OHIO ET AL.

Supreme Court of Ohio.

Decided June 3, 1953.


Attorney(s) appearing for the Case

Messrs. Traxler & Beil, for relatrix.

Mr. C. William O'Neill, attorney general, and Mr. Chalmers P. Wylie, for respondent Industrial Commission.

Messrs. Manchester, Bennett, Powers & Ullman, for respondent Youngstown Sheet & Tube Company.


Per Curiam.

It is undisputed that the last payment of compensation under the award was made on August 4, 1940, more than ten years prior to May 12, 1951, the date of the application for adjustment of claim. There is, however, a disagreement as to the facts and a definite conflict in the evidence as to whether the infrared lamp was furnished and the last treatment at the employer's dispensary was given within ten years prior to the application for adjustment...

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