Kinney v. Kaiser Aluminum & Chemical Corp.

Under Ohio’s workmen’s compensation law, an allegation in a claim for death benefits that a workman died as the direct result of an industrial injury is insufficient to vest the Administrator of the Bureau of Workmen’s Compensation with jurisdiction to determine the claim. E. C. 4123.59 establishes three separate and alternative jurisdictional prerequisites to the consideration of such a claim: (1) The death must have occurred within three years of the injury; or (2) the workman must have *122received total or partial disability compensation for the injury during any portion of the year preceding…