Opinion

State Ex Rel. National Employers Network Alliance, Inc. v. Ryan

  • 125 Ohio St. 3d 11
  • 2010 Ohio 578
Court
Ohio Supreme Court
Filed
Feb 24, 2010
Status
Published
On the bench
Moyer, Pfeifer, Stratton, O'Connor, O'Donnell, Lanzinger, Cupp
Cited by
5 cases
Authority
More cited than 74.9%

The opinion

[Cite as State ex rel. Natl. Employers Network Alliance, Inc. v. Ryan, 125 Ohio St.3d 11, 2010-

Ohio-578.]

THE STATE EX REL. NATIONAL EMPLOYERS

NETWORK ALLIANCE, INC. v. RYAN, ADMR.

[Cite as State ex rel. Natl. Emps. Network Alliance, Inc. v. Ryan,

125 Ohio St.3d 11, 2010-Ohio-578.]

Workers’ compensation — Availability of administrative appeal precludes relief

by mandamus.

(No. 2009-1592 — Submitted January 12, 2010 — Decided February 24, 2010.)

IN MANDAMUS.

__________________

Per Curiam.

{¶ 1} Relator, National Employers Network Alliance, Inc., seeks a writ

of mandamus from this court but admits that it did not pursue the administrative

appeals available to it. Mandamus cannot issue when the relator has an adequate

remedy at law. State ex rel. Berger v. McMonagle (1983), 6 Ohio St.3d 28, 6

OBR 50, 451 N.E.2d 225. An administrative appeal generally constitutes an

adequate remedy in the ordinary course of law that precludes a writ of mandamus.

State ex rel. Hilltop Basic Resources, Inc. v. Cincinnati, 118 Ohio St.3d 131,

2008-Ohio-1966, 886 N.E.2d 839, ¶ 23.

{¶ 2} We hereby grant respondent administrator’s motion for judgment

on the pleadings and deny relator’s request for a writ of mandamus. Relator’s

motion to strike is not well taken and is overruled.

Writ denied.

MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O’CONNOR,

O’DONNELL, LANZINGER, and CUPP, JJ., concur.

__________________

SUPREME COURT OF OHIO

Kegler, Brown, Hill & Ritter, Roger P. Sugarman, David M. McCarty, and

R. Kevin Kerns, for relator.

Richard Cordray, Attorney General, and Gerald H. Waterman, Assistant

Attorney General, for respondent.

______________________

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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