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AMOS v. KELLER

No. 68-193.

16 Ohio St. 2d 29 (1968)

AMOS, APPELLANT, v. KELLER, ADMR., BUREAU OF WORKMEN'S COMPENSATION (FLOWERS, SUCCESSOR, ADMR.), ET AL., APPELLEES.

Supreme Court of Ohio.

Decided November 27, 1968.

Attorney(s) appearing for the Case

Mr. Leander P. Zwick, Jr., for appellant.

Mr. William B. Saxbe, attorney general, Mr. Walter J. Howdyshell and Mr. Gerald Goldberg, for appellees.

ZIMMERMAN, J.

Section 4123.59, Revised Code, sets forth the requirements and conditions necessary to establish a right to death benefits and reads, in part:

"In case an injury to * * * an employee causes his death, and if (1) his death ensues, within a period of three years after the injury * * * or (2) compensation for total disability, or partial disability as provided in division (A) of Section 4123...

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