Ohio Supreme Court, 1992

State ex rel. Koch v. Industrial Commission

Ohio Supreme Court · Decided June 3, 1992 · Brown, Douglas, Holmes, Moyer, Resnick, Sweeney, Wright

63 Ohio St. 3d 747; 591 N.E.2d 238

Cases that cite this one

1 later published case cites this decision.

State ex rel. Koch v. Indus. Comm. (Ohio 1992)

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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.

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