Opinion

State ex rel. Y & O Coal Co. v. Industrial Commission

  • 40 Ohio St. 3d 165
  • 532 N.E.2d 745
  • 1988 Ohio LEXIS 442
Court
Ohio Supreme Court
Filed
Dec 30, 1988
Status
Published
On the bench
Brown, Douglas, Holmes, Locher, Moyer, Sweeney, Wright
Cited by
3 cases
Authority
More cited than 90.0%

The opinion

Per Curiam.

Mandamus will not lie where there is a plain and adequate remedy in the ordinary course of law. State, ex rel. Pressley, v. Indus. Comm. (1967), 11 Ohio St. 2d 141 , 40 O.O. 2d 141, 228 N.E. 2d 631 , paragraph three of the syllabus. In State, ex rel. Wean United, Inc., v. Indus. Comm. (1988), 37 Ohio St. 3d 203 , 524 N.E. 2d 896 , we held that disputes involving handicap reimbursement are appealable under R.C. 4123.519. The availability of an R.C. 4123.519 appeal thus precludes appellants from relief in mandamus.

Based on our decision in Wean United, the judgment of the appellate court is hereby affirmed.

Judgment affirmed.

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

Douglas, J., concurs separately.

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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