State ex rel. Nyitray v. Industrial Commission

443 N.E.2d 962, 2 Ohio St. 3d 173
CourtOhio Supreme Court
DecidedJanuary 5, 1983
DocketNo. 82-247
StatusPublished
Cited by48 cases

This text of 443 N.E.2d 962 (State ex rel. Nyitray v. Industrial Commission) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Nyitray v. Industrial Commission, 443 N.E.2d 962, 2 Ohio St. 3d 173 (Ohio 1983).

Opinions

Celebrezze, C.J.

This cause presents the issue of whether a writ of mandamus was properly denied in which the widow-appellant seeks an order that the Industrial Commission pay her the temporary total disability compensation that her husband was entitled to receive, had applied for and had been granted, but had not received at the time of his death. We conclude that the writ was improperly denied for the following reasons.

Under Ohio’s workers’ compensation law, there are two separate and distinct types of compensation available to dependents of deceased workers. Dependents may be awarded the compensation the worker was entitled to receive prior to death pursuant to R.C. 4123.60. The second type of compensation available to dependents is death benefits under R.C. 4123.59.

In this case, death benefits, as well as permanent partial disability compensation, were awarded appellant. However, the temporary total disability compensation that Nyitray was entitled to receive prior to his death was denied appellant and is the subject of this appeal.

R.C. 4123.60 is cited by the appellee Industrial Commission as the basis for denying appellant’s application for the disability benefits her husband was entitled to receive prior to his death. The relevant language in R.C. 4123.60 provides that:

“In all cases of death from causes other than the injury or occupational disease for which award had theretofore been made on account of temporary, or permanent partial, or total disability, in which there remains an unpaid balance, representing payments accrued and due to the decedent at the time of his death, the commission may, after satisfactory proof has been made warranting such action, award or pay any unpaid balance of such award to such of the dependents of the decedent, or for services rendered on account of the last illness or death of such decedent, as the commission determines in accordance with the circumstances in each such case. If the decedent would have been lawfully entitled to have made application for an award at the time of his death the commission may, after satisfactory proof to warrant an award and payment, award and pay an amount, not exceeding the compensa[175]*175tion which the decedent might have received, but for his death, for the period prior to the date of his death, to such of the dependents of the decedent, or for services rendered on account of the last illness or death of such decedent, as the commission determines in accordance with the circumstances in each such case, but such payments may be made only in cases in which application for compensation was made in the manner required by sections 4123.01 to 4123.94 of the Revised Code, during the lifetime of such injured or disabled person, or within one year after the death of such injured or disabled person.”

The record discloses that Nyitray’s death was caused by an industrial injury. In State, ex rel. Spiker, v. Indus. Comm. (1943), 141 Ohio St. 174 [25 O.O. 271], the court interpreted the predecessor1 of R.C. 4123.60 and concluded that nothing may be paid to dependents unless the worker died from a cause other than the compensable injury.

Following the Spiker rationale, dependents of workers who died from work-related causes are denied compensation, while dependents of those workers who died from causes other than a compensable injury or occupational disease are entitled to compensation under R.C. 4123.60. Thus, the question posed by appellant is whether the statutory classification violates the Equal Protection Clauses of the Ohio and United States Constitutions.

The limitations placed upon governmental action by the Equal Protection Clauses are essentially the same. See Porter v. Oberlin (1965), 1 Ohio St. 2d 143 [30 O.O.2d 491]; State, ex rel. Struble, v. Davis (1937), 132 Ohio St. 555 [8 O.O. 552], Equal protection of the laws requires the existence of reasonable grounds for making a distinction between those within and those outside a designated class. State v. Buckley (1968), 16 Ohio St. 2d 128 [45 O.O.2d 469], paragraph three of the syllabus; Porter v. Oberlin, supra, paragraph two of the syllabus. The “reasonableness” of a statutory classification is dependent upon the purpose of the Act. Carrington v. Rash (1965), 380 U.S. 89, 93; McLaughlin v. Florida (1964), 379 U.S. 184, 191.

Ohio’s workers’ compensation system is predicated upon Section 35, Article II of the Ohio Constitution, which states that the purpose of workers’ compensation is to compensate “workmen and their dependents, for death, injuries or occupational disease, occasioned in the course of such workmen’s employment * * *.” (Emphasis added.) Clearly, the purpose of R.C. 4123.60 is to fulfill this objective of compensating dependents. However, the statutory classification which exists in R.C. 4123.60 as interpreted by Spiker precludes the class represented by appellant, dependents of workers who died from work-related causes, from obtaining the compensation accrued and due, or for which application had not been made. Nyitray was injured on the job, and the commission granted him compensation to cover a period of over one and a half years; however, he had not received such compensation prior to his death. We view this classification which denies dependents of workers [176]*176who died from work-related causes from obtaining compensation due, while paying the dependents of workers who died from other causes, as inherently unfair and contrary to the purpose of compensating dependents stated in the Constitution.

In Kinney v. Kaiser Aluminum & Chemical Corp. (1975), 41 Ohio St. 2d 120, 124 [70 O.O.2d 206], we said that the legislation could be upheld if it was shown that the statutory prerequisites were rationally related to the accomplishment of some state objective at least as important as the purpose contained in the Constitution and reflected in the statute. The constitutional purpose at issue was to compensate dependents of workers who died from work-related causes. Applying this test, we concluded that the statutory prerequisites in R.C. 4123.59, designed for administrative ease, violated the Equal Protection Clauses.2

Following Kinney, it is necessary to ascertain the purpose served by the classification contained in R.C. 4123.60. The court of appeals suggested that the legislative scheme construed in Spiker provides dependents of a deceased with either the compensation the deceased worker was entitled to, but did not receive, prior to his death pursuant to R.C. 4123.60 or the enhanced survivor benefits pursuant to R.C. 4123.59.3 The court interpreted Spiker as requiring that payment may be made under either section, but not both, depending upon whether the worker’s death was caused by the industrial injury or occupational disease. The rationale for this alternate scheme is faulty.

Contrary to the court of appeals’ opinion, death benefits are not enhanced benefits. Pursuant to R.C. 4123.59, death benefits to dependents stand alone and are uniform for all who meet the same qualifications. Benefits are not enhanced or increased based upon compensation under R.C. 4123.60.

Neither R.C.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State ex rel. Byk v. Indus. Comm.
2024 Ohio 1598 (Ohio Court of Appeals, 2024)
Sherman v. Ohio Pub. Emps. Retirement Sys. (Slip Opinion)
2020 Ohio 4960 (Ohio Supreme Court, 2020)
Zebrasky v. Disc. Drug Mart, Inc.
93 N.E.3d 270 (Court of Appeals of Ohio, Eighth District, Cuyahoga County, 2017)
State v. Noling (Slip Opinion)
2016 Ohio 8252 (Ohio Supreme Court, 2016)
State ex rel. White v. Internatl. House of Pancakes
2014 Ohio 412 (Ohio Court of Appeals, 2014)
State v. Johnson, 06ca650 (5-2-2007)
2007 Ohio 2176 (Ohio Court of Appeals, 2007)
Romaine v. Workers' Compensation Appeal Board
901 A.2d 477 (Supreme Court of Pennsylvania, 2006)
McCrone v. Bank One Corp.
2005 Ohio 6505 (Ohio Supreme Court, 2005)
State v. Harris, Unpublished Decision (4-15-2005)
2005 Ohio 1779 (Ohio Court of Appeals, 2005)
McCrone v. Bank One Corp., Unpublished Decision (5-17-2004)
2004 Ohio 2538 (Ohio Court of Appeals, 2004)
Stalker v. Indus. Comm., Unpublished Decision (3-11-2004)
2004 Ohio 1144 (Ohio Court of Appeals, 2004)
Holeton v. Crouse Cartage Co.
2001 Ohio 109 (Ohio Supreme Court, 2001)
State ex rel. Riter v. Industrial Commission
742 N.E.2d 615 (Ohio Supreme Court, 2001)
State ex rel. Riter v. Indus. Comm.
2001 Ohio 290 (Ohio Supreme Court, 2001)
Liposchak v. Administrator, Bureau of Workers' Compensation
741 N.E.2d 537 (Ohio Court of Appeals, 2000)
State v. Ward
720 N.E.2d 603 (Ohio Court of Appeals, 1999)
State ex rel. Horvath v. State Teachers Retirement Bd.
1998 Ohio 424 (Ohio Supreme Court, 1998)
State ex rel. Horvath v. State Teachers Retirement Board
697 N.E.2d 644 (Ohio Supreme Court, 1998)
Hensley v. Toledo Area Regional Transit Authority
700 N.E.2d 641 (Ohio Court of Appeals, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
443 N.E.2d 962, 2 Ohio St. 3d 173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-nyitray-v-industrial-commission-ohio-1983.