State ex rel. Nossal v. Terex Division of I.B.H.

It is undisputed that Lawrence Nossal’s death was industrial and that his widow Ann was his lone dependent. As a result, her application for death benefits was granted. Unfortunately, she died before the commission disbursed the funds,.prompting the current dispute. David, her estate’s administrator, seeks payment of death benefits from the date of Lawrence’s death to the date of Ann’s. The commission responds that Breidenbach v. Mayfield (1988), 37 Ohio St.3d 138, 524 N.E.2d 502, forbids payment. The commission accurately summarizes Breidenbach. Today’s analysis, however, persuades us to…