Ohio Supreme Court, 1990

State ex rel. Reeves v. Industrial Commission

Ohio Supreme Court · Decided August 29, 1990 · Brown, Douglas, Holmes, Moyer, Resnick, Sweeney, Wright

53 Ohio St. 3d 212; 559 N.E.2d 1311; 1990 Ohio LEXIS 353

Cases that cite this one

20 later published cases cite this decision.

State ex rel. Dodson v. Held Phipps (Ohio Ct. App. 2023)
State ex rel. Buckley v. Industrial Commission (Ohio 2003)
State ex rel. Blaine v. Indus. Comm. (Ohio Ct. App. 2015)
State ex rel. Lawson v. Indus. Comm. (Ohio Ct. App. 2014)
State ex rel. Atkins v. Harrison Cty. Commrs. (Ohio Ct. App. 2010)
Crosby v. Pickaway Cty. Gen. Health Dist., Unpublished Decision (12-14-2007) (Ohio Ct. App. 2007)
State ex rel. Ohio Civil Service Employees Ass'n v. State Employment Relations Board (Ohio 2004)
State ex rel. Holiday v. Industrial Commission (Ohio 2003)
State v. City of Warrensville Heights, Unpublished Decision (5-24-2001) (Ohio Ct. App. 2001)
State ex rel. Leyendecker v. Duro Test Corp. (Ohio 1999)
State ex rel. Leyendecker v. Duro Test Corp. (Ohio 1999)
Ohio Academy of Nursing Homes, Inc. v. Ohio Dept. of Job & Family Servs. (Ohio Ct. App. 2021)
State ex rel. Budgake v. Canton (Ohio Ct. App. 2014)
State ex rel. O'Brien & Assocs., Co. L.P.A. v. Tyack (Ohio Ct. App. 2014)
Borchert v. Greenbriar Health Care Ctr., Unpublished Decision (3-6-2007) (Ohio Ct. App. 2007)
State Ex Rel. Sbc v. Indus. Comm., Unpublished Decision (9-27-2005) (Ohio Ct. App. 2005)
State Ex Rel. Standard Prod. v. Indus Comm, Unpublished Decision (9-30-2004) (Ohio Ct. App. 2004)
Buckley v. Indus. Comm. of Ohio, Unpublished Decision (2-13-2003) (Ohio Ct. App. 2003)
State Ex Rel. Hauldren v. Ceg. Pers., Unpublished Decision (3-30-2004) (Ohio Ct. App. 2003)
State Ex Rel. Sitterly v. Indus. Comm., Unpublished Decision (6-27-2002) (Ohio Ct. App. 2002)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

In asserting an abuse of discretion, appellant cites contrary medical evidence and the commission’s failure to determine whether the physical incapacity cited in the RTA discharge slip was related to the allowed condition. However, because appellant failed to pursue an adequate remedy at law, we find it unnecessary to address these claims.

An available administrative remedy precludes mandamus. State, ex rel. Berger, v. McMonagle (1983), 6 Ohio St. 3d 28, 6 OBR 50, 451 N.E. 2d 225; State, ex rel. Schindel, v. Rowe (1971), 25 Ohio St. 2d 47, 54 O.O. 2d 173, 266 N.E. 2d 569. Appellant received temporary total disability compensation from May 7, 1985 to February 4,1986. She alleges that she was temporarily and totally disabled from February 4, 1986 through April 1, 1987. She thus claims one continuous period of disability from May 7, 1985 through April 1, 1987. This continuum was broken initially by the February 27, 1986 order of the district hearing officer, not the June 10, 1987 final denial of appellant’s application to reactivate. Appellant could have, but did not, appeal the earlier order which had refused to extend compensation over the period at issue.

We stress that this case is distinguishable from one in which a new period of disability is being alleged pursuant to the continuing jurisdiction provisions of R.C. 4123.52. The effect of reactivating appellant’s claim here, however, in light of the single period of disability involved, would be to circumvent her failure to appeal the denial of compensation by reinstating compensation as of the prior termination date.

For the reasons stated above, we affirm the judgment of the court of appeals.

Judgment affirmed.

Moyer, C.J., Sweeney, Holmes, Douglas, Wright, H. Brown and Resnick, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.