State ex rel. Koch v. Industrial Commission

Ohio Supreme Court
State ex rel. Koch v. Industrial Commission, 63 Ohio St. 3d 747 (Ohio 1992)
591 N.E.2d 238
Brown, Douglas, Holmes, Moyer, Resnick, Sweeney, Wright

State ex rel. Koch v. Industrial Commission

Opinion of the Court

Per Curiam.

Our review of the record indicates that claimant did not seek administrative rehearing of the commission’s order as permitted by Ohio Adm.Code 4121-3-20(G). As a general rule, failure to exhaust available administrative remedies precludes issuance of a writ of mandamus in a VSSR action. State, ex rel. Bailey, v. Indus. Comm. (1991), 62 Ohio St.3d 191, 580 N.E.2d, 1081. Cf. State, ex rel. Cotterman, v. St. Marys Foundry (1989), 46 Ohio St.3d 42, 544 N.E.2d 887.

For this reason, the judgment of the court of appeals is affirmed.

Judgment affirmed.

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

Reference

Full Case Name
The State, ex rel. Koch v. Industrial Commission of Ohio
Cited By
1 case
Status
Published