State ex rel. Koch v. Industrial Commission

Ohio Supreme Court

State ex rel. Koch v. Industrial Commission

591 N.E.2d 238, 63 Ohio St. 3d 747

CourtOhio Supreme Court

DecidedJune 3, 1992

DocketNo. 91-15

StatusPublished

Cited by1 cases

This text of 591 N.E.2d 238 (State ex rel. Koch v. Industrial Commission) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State ex rel. Koch v. Industrial Commission, 591 N.E.2d 238, 63 Ohio St. 3d 747 (Ohio 1992).

Pincite

Opinion

Per Curiam.

Our review of the record indicates that claimant did not seek administrative rehearing of the commission’s order as permitted by Ohio Adm.Code 4121-3-20(G). As a general rule, failure to exhaust available administrative remedies precludes issuance of a writ of mandamus in a VSSR action. State, ex rel. Bailey, v. Indus. Comm. (1991), 62 Ohio St.3d 191, 580 N.E.2d, 1081. Cf. State, ex rel. Cotterman, v. St. Marys Foundry (1989), 46 Ohio St.3d 42, 544 N.E.2d 887.

For this reason, the judgment of the court of appeals is affirmed.

Judgment affirmed.

Moyer, C.J., Sweeney, Holmes, Douglas, Wright, H. Brown and Resnick, JJ., concur.

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