McCLOSKY v. REGAL MINING INC (1997)

Supreme Court of Ohio.

McCLOSKY, Appellant, v. REGAL MINING, INC.; Administrator, Bureau of Workers' Compensation, et al., Appellees.
[The STATE ex rel.] TARR v. ADMINISTRATOR, BUREAU OF WORKERS' COMPENSATION et al.

Nos. 95-2635, 96-304.

Decided: April 16, 1997

Cross & Rose Co., L.P.A., and Richard S. Dodson, Jr., Canton, 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, Cleveland, 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., and DOUGLAS, RESNICK, FRANCIS E. SWEENEY, Sr., PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur.

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