State ex rel. Murray v. Industrial Commission

Two questions are now before us: (1) Does claimant have an adequate remedy at law, thus precluding mandamus relief? and (2) Can a claimant concurrently receive PPD and PTD for the same injury? For the following reasons, we answer both questions in the negative.

We preliminarily reject the contention of appellee Consolidation Coal Company that an appeal to the court of common pleas under R.C. 4123.519 provides an adequate remedy at law. A claimant’s ability or inability to concurrently receive PPD and PTD for the same condition does not involve claimant’s right to participate in the State…