Legal Opinion

State ex rel. Reeves v. Industrial Commission

Ohio Supreme Court

Decided August 29, 1990No. 89-311PublishedCited by 12 opinions

1Per curiam

In asserting an abuse of discretion, appellant cites contrary medical evidence and the commission’s failure to determine whether the physical incapacity cited in the RTA discharge slip was related to the allowed condition. However, because appellant failed to pursue an adequate remedy at law, we find it unnecessary to address these claims.

An available administrative remedy precludes mandamus. State, ex rel. Berger, v. McMonagle (1983), 6 Ohio St. 3d 28, 6 OBR 50, 451 N.E. 2d 225; State, ex rel. Schindel, v. Rowe (1971), 25 Ohio St. 2d 47, 54 O.O. 2d 173, 266 N.E. 2d 569. Appellant received…

2Cases cited2 opinions

  1. State ex rel. Berger v. McMonagleOhio Supreme Court · 1983
  2. State ex rel. Schindel v. RoweOhio Supreme Court · 1971

3Cited by12 opinions

  1. State ex rel. Buckley v. Industrial CommissionOhio Supreme Court · 2003
  2. State ex rel. Leyendecker v. Duro Test Corp.Ohio Supreme Court · 1999
  3. Ohio Academy of Nursing Homes, Inc. v. Ohio Dept. of Job & Family Servs.Ohio Court of Appeals · 2021
  4. State ex rel. Atkins v. Harrison Cty. Commrs.Ohio Court of Appeals · 2010
  5. State ex rel. Blaine v. Indus. Comm.Ohio Court of Appeals · 2015

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