Legal Opinion · Dissent

State ex rel. Nyitray v. Industrial Commission

Ohio Supreme Court

Decided January 5, 1983No. 82-247Published

1DissentKrupansky, J.

I am not persuaded by the majority’s equal protection analysis. In my opinion, there are rational bases underlying those portions of the Workers’ Compensation Act which afford different treatment for dependents of deceased employees whose death is work-related as compared to dependents of deceased employees whose death is not work-related. I would, therefore, find no violation of the Equal Protection Clauses and would affirm the judgment of the court of appeals pursuant to the long*179standing precedent set in the case of State, ex rel. Spiker, v. Indus. Comm. (1943), 141 Ohio St. 174 [25…

2Cases cited16 opinions

  1. Dandridge v. WilliamsSupreme Court of the United States · 1970
  2. McGowan v. MarylandSupreme Court of the United States · 1961
  3. Lindsley v. Natural Carbonic Gas Co.Supreme Court of the United States · 1911
  4. Blankenship v. Cincinnati Milacron Chemicals, Inc.Ohio Supreme Court · 1982
  5. State ex rel. Cleveland Municipal Court v. Cleveland City CouncilOhio Supreme Court · 1973

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