State ex rel. Bailey v. Industrial Commission

We are asked to determine whether a farm using power-driven machinery qualifies as a workshop, factory or construction industry under Ohio Adm.Code Chapters 4121:1-3 and 4121:1-5. We find sua sponte, however, that appellant’s failure to exhaust his available administrative remedies precludes us from reaching this question.

Under Ohio Adm.Code 4121-3-20(G), a party may seek rehearing of a VSSR decision within thirty days of the order’s receipt. The present record contains no evidence of a rehearing request, indicating instead that appellant filed his mandamus petition just fifteen days after…