State ex rel. Guisinger v. Industrial Commission

Two questions are presented: (1) Is mandamus the appropriate remedy? and (2) Did the commission err in offsetting claimant’s entitlement to former R.C. 4123.57(A) compensation by amounts previously paid under former R.C. 4123.57(B) and (C)? We answer only the first question in the affirmative.

CZC asserts that declaratory judgment provides claimant with an adequate remedy at law, thereby barring mandamus relief. This argument is unpersuasive for two reasons.

First, mandamus has been the accepted remedy in other cases addressing former R.C. 4123.57’s offset provisions. See State ex rel. Hammond…