Conrad v. Youghiogheny & Ohio Coal Co.

The lower courts held the defendant coal company immune from suit, because the legal representative of the deceased had theretofore applied to the Commission for compensation, and, under the provisions of Section 1465-76, General Code, had thereby waived her option to sue for damages.

The trial court in so holding relied upon Zilch, a Minor, by etc., v. Bomgardner, 91 Ohio St., 205, 110 N. E., 459.

It is conceded by the pleadings that the application for an award was made and denied by the Commission upon the ground that Conrad, at the time of injury, was not in the employ of the defendant, and…