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

No. 91-15.

63 Ohio St.3d 747 (1992)

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

Supreme Court of Ohio.

Decided June 3, 1992.


Attorney(s) appearing for the Case

Harris F. Jacobs and Daniel B. Startsman, Jr., for appellant.

Lee I. Fisher, Attorney General, Dennis L. Hufstader and Cheryl J. Nester, for appellees Industrial Commission and Bureau of Workers' Compensation.

Richard J. Schimpf and J. Kent Breslin, for appellee United Signs, Inc.


Per Curiam.

Our review of the record indicates that claimant did not seek administrative rehearing of the commission's order as permitted by Ohio Adm.Code 4121-3-20(G). As a general rule, failure to exhaust available administrative remedies precludes issuance of a writ of mandamus in a VSSR action. State, ex rel. Bailey, v. Indus. Comm. (1991), 62 Ohio St.3d 191, 580 N.E.2d 1081. Cf. State, ex rel. Cotterman...

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