Hanna Coal Co. v. Young

On August 17, 1960, the Industrial Commission allowed a death claim to defendant, appellant herein, Kowalski, for death resulting from injury to her deceased husband sustained while working for the plaintiff, appellee herein, Hanna. Within sixty days thereafter, Hanna filed notice of appeal in proper form with the Common Pleas Court of Harrison County and with the commission.

The defendant Kowalski filed no petition setting forth the issues prior to November 22,1961, and, on that date, Hanna filed a motion for judgment in its favor, basing its claim entirely on the failure of defendant…