
    Industrial Commission of Ohio v. Vail. Industrial Commission of Ohio v. Kenemy.
    
      Workmen's compensation — Appeal ■ to common pleas court — Evidence not limited to record — Amended Section 1465-90, General Code — Pending action — Section 28, General Code.
    
    (Nos. 18148 and 18149
    Decided May 13, 1924.)
    Error to the Court of Appeals of Cuyahoga county.
    
      Mr. Edward C. Stanton, prosecuting attorney; Mr. George C. Hansen; Mr. G. C. Grabbe, attorney general, and Mr. B. B. Zurmehly, for plaintiff in error in No. 18148.
    
      Mr. A. C. Hasse, for defendant in error.
    
      Mr. Edward C. Stanton, prosecuting attorney; Mr. George C. Hansen; Mr. C. C. Crabbe, attorney general, and Mr. R. R. Zurmehly, for plaintiff in error, in No. 18149.
    
      Messrs. Landfear, Baskin & Fleharty, for defendant in error.
   By the Court.

An application for compensation under the Workmen’s Compensation Law (Gen. Code, Sections 1465-37 to 1465-108) filed with the Industrial Commission of Ohio prior to August 16, 1921, the date the amendment to Section 1465-90, General Code, became effective, is a proceeding, within the provisions of Section 26, General Code, which ripens into an action upon an appeal from a denial of such claim by the Industrial Commission, and the amendment is not applicable in the trial of such action.

The judgment of the Court of Appeals is affirmed in both cases.

Judgments affirmed.

Marshall, C. J., Robinson, Jones, Matthias, Day and Allen, JJ., concur.

Wanamaker, J., not participating.  