Mandamus Cases: Fail to Exhaust Administrative Remedies

(Supreme Court)

Click on the case name to read the decision on the Ohio Supreme Court's web site. Decisions which adopt the decision of a lower court or Magistrate, or which decide a case based on a previous decision, are excluded.

Diaz, State ex rel. v. Indus. Comm. (4/5/00)

Court holds that failure to exhaust administrative remedies before first mandamus challenge bars subsequent challenge.

Vote: 4-3
Opinion by: Per Curiam

Hodge, State ex rel. v. Ryan (3/14/12)

Injured worker could not pursue mandamus challenge because failure to appeal SHO orders to Industrial Commission meant she had not exhausted her administrative remedies.

Vote: 7-0
Opinion by: Per Curiam

Holiday, State ex rel. v. Indus. Comm. (5/7/03)

Failure to administratively appeal decision to deny temporary total bars writ of mandamus, even if claimant had been unrepresented.

Vote: 6-1
Opinion by: Per Curiam

Leyendecker, State ex rel. v. Duro Test Corp. (12/1/99)

Failure to file administrative appeal precluded right to subsequently file mandamus.

Vote: 7-0
Opinion by: Per Curiam

Natl Employers Network Alliance, Inc., State ex rel. v. Ryan (2/24/10)

An administrative appeal is an adequate remedy at law; therefore, failure to pursue administrative appeal means mandamus relief cannot issue.

Vote: 7-0
Opinion by: Per Curiam

Piotrowski, State, ex rel. v. Indus. Comm. (5/31/00)

Injured worker who failed to file appeals from previous decisions against her (on denial of request to change election for impairment of earnings capacity benefits) could not use mandamus to challenge a third denial, because of failure to exhaust administrative remedies.

Vote: 7-0
Opinion by: Per Curiam

York, State ex rel. v. Indus. Comm. (1/18/06)

R.C. 4123.522 provides an adequate remedy at law, and employer which did not file R.C. 4123.522 motion after failing to receive notice of hearing was not entitled to mandamus because employer failed to exhaust administrative remedies.

Vote: 6-0, 1 concurs separately
Opinion by: Per Curiam

Mandamus Cases: Fail to Exhaust Administrative Remedies

(Supreme Court)

Diaz, State ex rel. v. Indus. Comm. (4/5/00)

Court holds that failure to exhaust administrative remedies before first mandamus challenge bars subsequent challenge.

Vote: 4-3Opinion by: Per Curiam

Hodge, State ex rel. v. Ryan (3/14/12)

Injured worker could not pursue mandamus challenge because failure to appeal SHO orders to Industrial Commission meant she had not exhausted her administrative remedies.

Vote: 7-0Opinion by: Per Curiam

Holiday, State ex rel. v. Indus. Comm. (5/7/03)

Failure to administratively appeal decision to deny temporary total bars writ of mandamus, even if claimant had been unrepresented.

Vote: 6-1Opinion by: Per Curiam

Leyendecker, State ex rel. v. Duro Test Corp. (12/1/99)

Failure to file administrative appeal precluded right to subsequently file mandamus.

Vote: 7-0Opinion by: Per Curiam

Natl Employers Network Alliance, Inc., State ex rel. v. Ryan (2/24/10)

An administrative appeal is an adequate remedy at law; therefore, failure to pursue administrative appeal means mandamus relief cannot issue.

Vote: 7-0Opinion by: Per Curiam

Piotrowski, State, ex rel. v. Indus. Comm. (5/31/00)

Injured worker who failed to file appeals from previous decisions against her (on denial of request to change election for impairment of earnings capacity benefits) could not use mandamus to challenge a third denial, because of failure to exhaust administrative remedies.

Vote: 7-0Opinion by: Per Curiam

York, State ex rel. v. Indus. Comm. (1/18/06)

R.C. 4123.522 provides an adequate remedy at law, and employer which did not file R.C. 4123.522 motion after failing to receive notice of hearing was not entitled to mandamus because employer failed to exhaust administrative remedies.

Vote: 6-0, 1 concurs separatelyOpinion by: Per Curiam

Injured at Work?

Vote: 4-3
Opinion by: Per Curiam

Vote: 7-0
Opinion by: Per Curiam

Vote: 6-1
Opinion by: Per Curiam

Vote: 7-0
Opinion by: Per Curiam

Vote: 7-0
Opinion by: Per Curiam

Vote: 7-0
Opinion by: Per Curiam

Vote: 6-0, 1 concurs separately
Opinion by: Per Curiam