
    No. 887
    GENERAL FIREPROOFING CO. v. TRAMPUSH
    Ohio Appeals, 7th District Mahoning County
    Oct. 5, 1923
    384. WORKMEN’S COMPENSATION.
    Amendment limiting evidence on appeal to that on hearing by Industrial Commission, held not binding in instant case.
    281. PARTIES.
    Change of parties defendant relates back to day of filing suit.
    Attorneys — Harrington, De Ford, Huxley & Smith, Youngstown, for defendant; Joseph Friedman, Youngstown, for claimant.
   FARR, J.

Epitomized Opinion

Appeal in the Common Pleas from a refusal of the Industrial Commission to award Trampush compensation for an injury received in the employ of defendant company. A verdict and judgment for $1,652 in favor of Trampush resulted. Defendant brought error proceedings to this court, contending that there was error in admitting testimony at the trial not produced before the Industrial Commission; and that claimant had failed to file her appeal within thirty days after the refusal of her claim by the commission. She had filed her appeal within the thirty-day period, naming the Industrial Commission as defendant. Later, after the thirty-day period, she amended, naming the defendant company a- new party defendant and dismissing as to the Industrial Commission. Held:

1. The Code amendment limiting" the evidence to that produced before the Industrial Commission became a law three days after the refusal of the commission to award claimant compensation. It is therefore- not binding in this case.

2. An amendment to a pleading changing the party defendant as was made in this ease is permissible. 31 OCA. 145. Judgment affirmed.  