State Ex Rel. Leto v. Industrial Commission

{¶ 13} I respectfully dissent from the majority’s conclusion regarding the one-year statute of limitations contained in R.C. 4123.60. Under the circumstances of this case, the plain language of R.C. 4123.60 allows the administrator to make an award only if a decedent “would have been lawfully entitled to have applied for an award at the time of his death” and if a dependent applies for the award “within one year” after the decedent’s death. The fact that the right-to-participate question at issue here remained unresolved during that year does not change the fact that the decedent would have…