Voelkel v. City of Cincinnati
Voelkel v. City of Cincinnati
Opinion of the Court
1. General orders of the Industrial Commission enacted pursuant to Section 871-26, General Code, do not become effective until thirty days .after their publication.
2. This court, pursuant to Section 871-38, General Code, has jurisdiction upon the application of an employer or other person in interest, to set aside, vacate or amend a general order of the Industrial Commission, on the ground that the order is unreasonable or unlawful, if it involves a violation of the Industrial Commission Act, General Code 871-1 to 871-45, inclusive.
3. Where the Industrial Commission has issued a general order pursuant to Section 871-26, General Code, and there is a claimed violation thereof within less than thirty days from the date of its publication, such violation cannot be made the basis of the assessment of a penalty as a violation of a special requirement pursuant to amendment of Article II, Section 35, effective January 1, 1924, of the Constitution of Ohio, and an order based upon such violation assessing a penalty is “unlawful” and subject to review by this court under Section 871-38. (Gatton v. Industrial Comm., 93 Ohio St. 203, and Pittsburgh Coal Co. v. Industrial Comm., 108 Ohio St., 185, distinguished.)
Demurrer to petition overruled.
Reference
- Full Case Name
- Carl M. Voelkel v. City of Cincinnati
- Status
- Published