
    No. 138
    COLUMBIA CHEMICAL CO. v. EMMONS
    Ohio Court of Appeals, Summit County
    No. 665.
    Dec. 20, 1922
    INDUSTRIAL INSURANCE — (1) Appeal — (2> Limitation of time. Workman’s Compensation,
    Attorneys — Dustin, McKeehan, Merrick, Arter & Stewart and Ashley M. Van Duzer, for plaintiff in error; Payer, Winch, Minshall & Karch, M. C. Harrison, Chas. N. Krieg and S. C. Miller, for defendant in error.
   PARDEE, J.

Epitomized Opinion

Jennie Emmons filed with the Industrial Commis sion an application for an allowance of claim for death of husband from gas leaking from a flue in the factory. This not being allowed, she filed an appeal in the Common Pleas. Two petitions were filed which were dismissed. She secured a verdict but the time limitation for filing an appeal had expired. The Chemical company claimed that she was barred and the court had no jurisdiction.

Held:

1. The statute requires the informal appeal to be filed and does not require the petition to be filed within the limited time.

2. The proceeding -to determine liability under the law is not a civil action; jurisdiction attaches on filing of appeal; and it then proceeds like a civil action, and the court can give extension of rule, time to file pleading, as in other cases.  