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STATE, EX REL. MURRAY, v. INDUS. COMM.

Nos. 90-657 and 91-42.

63 Ohio St.3d 473 (1992)

THE STATE, EX REL. MURRAY, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES. THE STATE, EX REL. SMIDDY, v. INDUSTRIAL COMMISSION OF OHIO ET AL.

Supreme Court of Ohio.

Decided April 15, 1992.

Attorney(s) appearing for the Case

R.E. Goforth Co., L.P.A., and Terrance J. McGonegal, for appellant Murray in case No. 90-657.

Hanlon, Duff, & Paleudis Co., L.P.A., and John G. Paleudis, for appellee Consolidation Coal Company in case No. 90-657.

Dorf & Rife, Joan H. Rife and Michael D. Dorf for relator Smiddy in case No. 91-42.

Lee I. Fisher, Attorney General, Michael L. Squillace and Dennis L. Hufstader, for appellee and respondent Industrial Commission of Ohio in case Nos. 90-657 and 91-42.

Per Curiam.

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...

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