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EMMONS v. KELLER

No. 69-67.

21 Ohio St. 2d 48 (1970)

EMMONS, APPELLEE, v. KELLER, ADMR., BUREAU OF WORKMEN'S COMPENSATION, APPELLANT, ET AL.

Supreme Court of Ohio.

Decided January 14, 1970.

Attorney(s) appearing for the Case

Mr. Albert A. Yannon and Mr. R. Brooke Alloway, for appellee.

Mr. Paul W. Brown, attorney general, Mr. Walter J. Howdyshell and Mr. Robert J. Dodd, Jr., for appellants.

TAFT, C. J.

Effective October 1, 1963 (130 Ohio Laws 937, 1466), Section 4123.59, Revised Code, was amended to read, so far as pertinent:

"In case an injury to or an occupational disease contracted by an employee causes his death, and if (1) his death ensues, within a period of three years after the injury or the beginning of disability due to the occupational disease, or (2) compensation for total disability, or partial disability as provided in division...

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