State ex rel. Patterson v. Indus. Comm.12/24/1996
DOUGLAS, J.
Appellant's weekly award of $33.11 was based upon R.C. 4127.04, which provides:
"The basis upon which compensation or benefits shall be computed, is the amount of work-relief which would have been afforded to the injured person for the calendar week in which the injury or death occurred. In no event shall such compensation exceed the maximum reimbursement relief award established by the state which the claimant would have been entitled to had he not been injured."
Appellant claims that her award should not have been based upon R.C. 4127.04, but, rather, former R.C. 4123.59(B), which provided:
"In case an injury to or an occupational disease contracted by an employee causes his death, benefits shall be in the amount and to the persons following:
"* * *
"(B) If there are wholly dependent persons at the time of the death, the weekly payment shall be sixty-six and two-thirds per cent of the average weekly wage, but not to exceed a maximum aggregate amount of weekly compensation which is equal to sixty-six and two-thirds per cent of the statewide averagsweekly wage as defined in division (C) of section 4123.62 of the Revised Code, and not in any event less than a minimum amount of weekly compensation which is equal to fifty per cent of the statewide average weekly wage as defined in division (C) of section 4123.62 of the Revised Code, regardless of the average weekly wage * * *." (Emphasis added.) 136 Ohio Laws, Part I, 1167.
In support of her position that her weekly death benefit award should have been based upon R.C. 4123.59(B), appellant relies, inter alia, on R.C. 4127.03 and 4127.13. Former R.C. 4127.03, 1953 H.B. No. 1, provided, in part, that " very work-relief employee who sustains an injury and the dependents of such as are killed, in the course of and arising out of employment, * * * shall be entitled to receive out of the public work-relief employees' compensation fund, compensation death benefits * * * for loss sustained on account of such injury or death, as is provided for by sections 4123. 01 to 4123.94, inclusive, of the Revised Code." (Emphasis added.) Relying on this italicized language, appellant points out that R.C. 4123.59(B) falls within R.C. Chapter 4123 and, therefore, she is entitled to at least fifty percent of the statewide average weekly wage.
Further, former R.C. 4127.13, 137 Ohio Laws, Part II, 3964, provided that " sections 4123.01 to 4123.94, except sections 4123.519, 4123.62, and 4123.64,. apply to sections 4127.01 to 4127.14, of the Revised Code. Appellant contends that because R.C. 4127.13 does not specifically exclude R.C. 4123.59 from applying to R.C. Chapter 4127, the General Assembly intended that R.C. 4123.59(B) govern the amount of benefits available to dependent persons of work-relief employees.
At first glance, appellant's statutory arguments regarding R.C. 4127.03 and 4127.13 appear to have some merit. Appellant's position is arguable given the general policy of workers' compensation legislation, which requires a liberal construction of such laws. See R.C. 4123.95. However, it is apparent that the General Assembly, in enacting R.C. Chapter 4127 and, particularly, R.C. 4127.04, intended to establish a separate method for determining benefits for work-relief employees and their dependents. The last paragraph of R.C. 4127.03 provided that " ll compensation payable under sections 4127.01 to 4127.14, inclusive, of the Revised Code, shall be paid on the basis of computation provided for in such sections." Further, R.C. 4127.13 specifically excludes from application to work-relief claims the foundational statute (R.
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