Mandamus Cases: Miscellaneous

(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.

Baja Marine Corp., State ex rel. v. Indus. Comm. (6/27/07)

Order which lacks clarity is returned to the Commission for further proceedings.

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

Booher, State ex rel. v. Honda of Am. Mfg., Inc. (2/23/00)

Failure to file timely objections to Magistrate's decision prevents challenging Magistrate's findings on appeal.

Vote: 7-0
Opinion by: Per Curiam

Elyria Foundry Co., State ex rel. v. Indus. Comm. (6/10/98)

Where employer was challenging allowance of claim, issue of entitlement to temporary total disability was not "ripe" for review.

Vote: 7-0
Opinion by: Per Curiam

Foster, State ex rel. v. Indus. Comm. (4/14/99)

Where Industrial Commission improperly exercises continuing jurisdiction and a party is needlessly forced to relitigate, mandamus is available because the party has been adversley affected.

Vote: 4-2, 1 prohibition only
Opinion by: Per Curiam

Kmart Corp., State ex rel. v. Frantom (9/15/99)

Interloculatory discovery order cannot be challenged by mandamus, because it is not a final order.

Vote: 7-0
Opinion by: Per Curiam

McCullough, State ex rel. v. Indus. Comm. (1/30/02)

Former pro football players challenge to provisions of R.C. 4123.56(C) should be brought in declaratory judgment, not mandamus.

Vote: 7-0
Opinion by: Per Curiam

Northfield Park Assoc., State ex rel. v. Ohio Bur. of Workers' Comp. (6/23/99)

Bureau of Workers' Compensation speaks on adversarial issues only through its orders, and is required to issue an order to resolve a disputed matter. A letter is not a sufficient ruling, and cannot be reviewed by mandamus.

Vote: 7-0
Opinion by: Per Curiam

York Internat'l Corp., State ex rel. v. Kopis (9/19/07)

When Court of Appeals vacated permanent total order and remanded it to the Commission for further proceedings, Commission was not bound by prior order and was entitled to reexamine all issues involved.

Vote: 7-0
Opinion by: Per Curiam

Mandamus Cases: Miscellaneous

(Supreme Court)

Baja Marine Corp., State ex rel. v. Indus. Comm. (6/27/07)

Order which lacks clarity is returned to the Commission for further proceedings.

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

Booher, State ex rel. v. Honda of Am. Mfg., Inc. (2/23/00)

Failure to file timely objections to Magistrate's decision prevents challenging Magistrate's findings on appeal.

Vote: 7-0Opinion by: Per Curiam

Elyria Foundry Co., State ex rel. v. Indus. Comm. (6/10/98)

Where employer was challenging allowance of claim, issue of entitlement to temporary total disability was not "ripe" for review.

Vote: 7-0Opinion by: Per Curiam

Foster, State ex rel. v. Indus. Comm. (4/14/99)

Where Industrial Commission improperly exercises continuing jurisdiction and a party is needlessly forced to relitigate, mandamus is available because the party has been adversley affected.

Vote: 4-2, 1 prohibition onlyOpinion by: Per Curiam

Kmart Corp., State ex rel. v. Frantom (9/15/99)

Interloculatory discovery order cannot be challenged by mandamus, because it is not a final order.

Vote: 7-0Opinion by: Per Curiam

McCullough, State ex rel. v. Indus. Comm. (1/30/02)

Former pro football players challenge to provisions of R.C. 4123.56(C) should be brought in declaratory judgment, not mandamus.

Vote: 7-0Opinion by: Per Curiam

Northfield Park Assoc., State ex rel. v. Ohio Bur. of Workers' Comp. (6/23/99)

Bureau of Workers' Compensation speaks on adversarial issues only through its orders, and is required to issue an order to resolve a disputed matter. A letter is not a sufficient ruling, and cannot be reviewed by mandamus.

Vote: 7-0Opinion by: Per Curiam

York Internat'l Corp., State ex rel. v. Kopis (9/19/07)

When Court of Appeals vacated permanent total order and remanded it to the Commission for further proceedings, Commission was not bound by prior order and was entitled to reexamine all issues involved.

Vote: 7-0Opinion by: Per Curiam

Injured at Work?

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

Vote: 7-0
Opinion by: Per Curiam

Vote: 7-0
Opinion by: Per Curiam

Vote: 4-2, 1 prohibition only
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: 7-0
Opinion by: Per Curiam