Ohio Supreme Court, 1999

State ex rel. Leyendecker v. Duro Test Corp.

Ohio Supreme Court · Decided December 1, 1999 · Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney

87 Ohio St. 3d 237; 719 N.E.2d 528

Cases that cite this one

10 later published cases cite this decision.

Buckley v. Indus. Comm. of Ohio, Unpublished Decision (2-13-2003) (Ohio Ct. App. 2003)
State ex rel. Buckley v. Industrial Commission (Ohio 2003)
Crosby v. Pickaway Cty. Gen. Health Dist., Unpublished Decision (12-14-2007) (Ohio Ct. App. 2007)
State ex rel. Leyendecker v. Duro Test Corp. (Ohio 2000)
State Ex Rel. Spohn v. Indus. Comm., Unpublished Decision (6-7-2005) (Ohio Ct. App. 2005)
State Ex Rel. Jones v. S T Market, Unpublished Decision (10-18-2005) (Ohio Ct. App. 2005)
State Ex Rel. Standard Prod. v. Indus Comm, Unpublished Decision (9-30-2004) (Ohio Ct. App. 2004)
State Ex Rel. Sitterly v. Indus. Comm., Unpublished Decision (6-27-2002) (Ohio Ct. App. 2002)
State v. City of Warrensville Heights, Unpublished Decision (5-24-2001) (Ohio Ct.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)

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.

Mandamus will not issue where the relator has a plain and adequate remedy at law. State ex rel. Berger v. McMonagle (1983), 6 Ohio St.3d 28, 6 OBR 50, 451 N.E.2d 225. For this reason, the failure to pursue an adequate *238administrative remedy bars mandamus relief. State ex rel. Reeves v. Indus. Comm. (1990), 53 Ohio St.3d 212, 559 N.E.2d 1311.

Under R.C. 4123.511(B)(1), claimant could have appealed the bureau’s order to a commission district hearing officer. The bureau’s order, moreover, informed claimant, in highlighted language, of his right and responsibility to appeal if he was dissatisfied with the wage as set. Claimant chose not to appeal.

The judgment of the court of appeals is hereby affirmed.

Judgment affirmed.

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

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