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STATE EX REL. ROSS v. INDUS. COMM.

No. 96-2388.

84 Ohio St.3d 364 (1999)

THE STATE EX REL. ROSS, APPELLANT AND CROSS-APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE AND CROSS-APPELLANT; M. J. CONSTRUCTION COMPANY, APPELLEE.

Supreme Court of Ohio.

Resubmitted September 15, 1998.

Decided January 20, 1999.

Attorney(s) appearing for the Case

Stewart Jaffy & Associates Co., L.P.A., Stewart R. Jaffy and Marc J. Jaffy; Shapiro, Kendis & Associates Co., L.P.A., and Rachel B. Jaffy, for appellant and cross-appellee.

Betty D. Montgomery, Attorney General, and Craigg E. Gould, Assistant Attorney General, for appellee and cross-appellant Industrial Commission.

Lustig, Icove & Lustig Co., L.P.A., and Matthew Harris Lucas, for appellee M.J. Construction Co.

PFEIFER, J.

For the following reasons, we grant appellant's motion for reconsideration and reverse the judgment of the court of appeals.

One issue is presented: Does claimant have an adequate remedy at law via an R.C. 4123.512 appeal? We find that she does not, and that mandamus is appropriate.

In Afrates v. Lorain (1992), 63 Ohio St.3d 22, 584 N.E.2d 1175, this court set forth the parameters...

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