State ex rel. Evans v. Industrial Commission

The appropriate form of postadministrative relief from an Industrial Commission decision depends on whether that decision determines an employee’s right to participate in the State Insurance Fund. Under R.C. 4123.519, an employer or claimant can appeal only those decisions that involve a claimant’s right to participate or to continue to participate in the fund. Afrates v. Lorain (1992), 63 Ohio St.3d 22, 584 N.E.2d 1175. If a claimant can appeal under R.C. 4123.519, the claimant is not entitled to a writ of mandamus because he or she has an adequate remedy available at law.2 State ex rel.…