McClosky v. Regal Mining, Inc.

Ohio Supreme Court April 16, 1997

McClosky v. Regal Mining, Inc., 78 Ohio St. 3d 171 (Ohio 1997)

677 N.E.2d 335; 1997 Ohio LEXIS 834

Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney

Opinion of the Court

The judgment of the court of appeals in case No. 95-2635 is reversed, and the cause is remanded to the trial court for further proceedings on the authority of Afrates v. Lorain (1992), 63 Ohio St.3d 22, 584 N.E.2d 1175.

The complaint in mandamus in case No. 96-304 is dismissed because relator has an adequate legal remedy from the Industrial Commission’s order by way of appeal to the court of common pleas. R.C. 4123.512; Afrates v. Lorain.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.

Reference

Full Case Name: McClosky v. Regal Mining, Inc. Administrator, Bureau of Workers' Compensation, Appellees [The State ex rel.] Tarr v. Administrator, Bureau of Workers' Compensation
Cited By: 7 cases
Status: Published