Mandamus Cases: Failure to Exhaust Administrative Remedies (Supreme Court)

Ohio Workers’ Compensation Decisions
(Supreme Court)

Mandamus: Failure to Exhaust Administrative Remedies

Select the case name to read the decision on the Ohio Supreme Court’s web site. For other issues, see our topic index to Ohio workers’ compensation decisions.

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