State Ex Rel. Estate of McKenney v. Industrial Commission

{¶ 20} Being unable to agree with the majority, I respectfully dissent.

{¶ 21} I believe recent Ohio Supreme Court precedent supports the magistrate’s decision in this case. Specifically, R.C. 4123.60 allows dependents to collect compensation that had accrued but had not been paid to an employee prior to death. In State ex rel. Liposchak v. Indus. Comm. (2000), 90 Ohio St.3d 276, 737 N.E.2d 519, the Supreme Court of Ohio allowed the estate of the decedent to collect his accrued R.C. 4123.60 compensation. In State ex rel. Nossal v. Terex Div. of I.B.H. (1999), 86 Ohio St.3d 175, 712 N.E.2d 747,…