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Mcclosky v. Regal Mining, Inc.

Supreme Court of Ohio
Apr 16, 1997
78 Ohio St. 3d 171 (Ohio 1997)

Opinion

Nos. 95-2635 and 96-304

Submitted March 4, 1997 —

Decided April 16, 1997.

APPEAL from the Court of Appeals for Carroll County, No. 650.

IN MANDAMUS.

Cross Rose Co., L.P.A., and Richard S. Dodson, Jr., for appellant in case No. 95-2635.

Betty D. Montgomery, Attorney General, Simon B. Karas, Deputy Chief Counsel, and William A. Thorman III, Assistant Attorney General, for appellees Administrator, Bureau of Workers' Compensation, and Industrial Commission of Ohio in case No. 95-2635.

Joseph R. Compoli, Jr., and Mark S. Telich, for relator in case No. 96-304.

Betty D. Montgomery, Attorney General, and Gerald H. Waterman, Assistant Attorney General, for respondents in case No. 96-304.


The judgment of the court of appeals in case No. 95-2635 is reversed, and the cause is remanded to the trial court for further proceedings on the authority of Afrates v. Lorain (1992), 63 Ohio St.3d 22, 584 N.E.2d 1175.

The complaint in mandamus in case No. 96-304 is dismissed because relator has an adequate legal remedy from the Industrial Commission's order by way of appeal to the court of common pleas. R.C. 4123.512; Afrates v. Lorain.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur.


Summaries of

Mcclosky v. Regal Mining, Inc.

Supreme Court of Ohio
Apr 16, 1997
78 Ohio St. 3d 171 (Ohio 1997)
Case details for

Mcclosky v. Regal Mining, Inc.

Case Details

Full title:MCCLOSKY, APPELLANT, v. REGAL MINING, INC.; ADMINISTRATOR, BUREAU OF…

Court:Supreme Court of Ohio

Date published: Apr 16, 1997

Citations

78 Ohio St. 3d 171 (Ohio 1997)
677 N.E.2d 335

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