State ex rel. Maynard v. Industrial Commission

{¶ 1} Decedent Donald E. Maynard’s 1996 workers’ compensation claim was allowed for “malignant neoplasm and mesothelioma.” In 1997, he filed for permanent total disability compensation (“PTD”) but died from his industrial condition before the application was adjudicated.

{¶ 2} Relator Marjorie Maynard, widow-claimant herein, successfully moved respondent Industrial Commission of Ohio for accrued PTD pursuant to R.C. 4123.60. She followed with an application for death benefits under R.C. 4123.59.

{¶ 3} That application was also granted, and the Bureau of Workers’ Compensation fixed the rate of…