Opinion

State ex rel. Koch v. Industrial Commission

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

Court: Ohio Supreme Court
Filed: Jun 3, 1992
Status: Published
On the bench: Brown, Douglas, Holmes, Moyer, Resnick, Sweeney, Wright
Cited by: 1 cases
Authority: More cited than 66.0%

The 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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