State, Ex Rel. v. Indus. Comm.

Section 1465-61 (3), General Code, reads: "Every person in the service of any independent contractor or sub-contractor who has failed to pay into the state insurance fund the amount of premium determined and fixed by the industrial commission of Ohio * * * shall be considered as the employee of the person who has entered into a contract, * * * with such independent contractor, unless such employees, * * * elect, after injury or death, to regard such independent contractor as the employer."

Counsel for relator rely upon this section of the code as the basis of his right to recover, not only the…