Ex Parte Gadsden Country Club

I agree with the majority that GCC does not have a clear legal right to a writ of mandamus because GCC’s defense is not an affirmative defense and I am disinclined to expand mandamus review to a defense other than an affirmative defense. However, I write to address whether the administrative officer for the Department of Industrial Relations (“DIR”), in ultimately awarding Hurst unemployment compensation, in fact rejected GCC’s contention that Hurst’s employment was terminated because he left work without seeking medical attention after his accident. The relevant portion of DIR’s decision is…