STATE EX REL. DOERSAM v. INDUS. COMM.

No. 88-51.

45 Ohio St. 3d 115 (1989)

THE STATE, EX REL. DOERSAM, APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO, APPELLANT.

Supreme Court of Ohio.

Decided August 23, 1989.


Attorney(s) appearing for the Case

Ward, Kaps, Bainbridge, Maurer, Bloomfield & Melvin and William J. Melvin, for appellee.

Anthony J. Celebrezze, Jr., attorney general, Merl H. Wayman, Gerald H. Waterman and Michael L. Squillace, for appellant.

Stewart R. Jaffy & Associates Co., L.P.A., and Stewart R. Jaffy, urging affirmance for amici curiae.


DOUGLAS, J.

The issue before us is whether R.C. 4123.59(B), as amended by Am. Sub. H.B. No. 714, effective January 1, 1976, is constitutional or is unconstitutional in whole or in part.

R.C. 4123.59(B) provides for death benefits to wholly dependent persons of a decedent whose death is caused by a work-connected injury or occupational disease. The pertinent provisions of R.C. 4123.59(B) are:

"In case an injury to or an occupational disease contracted...

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