State ex rel. Ferris v. Industrial Commission
| Decision Date | 05 March 1969 |
| Citation | 245 N.E.2d 357,17 Ohio St.2d 49 |
| Parties | , 46 O.O.2d 266 The STATE ex rel. FERRIS, Appellant, v. INDUSTRIAL COMMISSION of Ohio, Appellee, et al. |
| Court | Ohio Supreme Court |
Harold Ticktin, Cleveland, for appellant.
Paul W. Brown, Atty. Gen., Walter J. Howdyshell and Robert J. Dodd, Jr., Columbus, for appellee.
This action in mandamus originated in the Court of Appeals which dismissed it on the ground that relator had an adequate remedy in the ordinary course of the law.
In this action, relator seeks to have set aside a decision of the Administrator of the Bureau of Workmen's Compensation in an injury case ordering that no further compensation be awarded to relator. This decision was not a decision as to the extent of disability.
Thus, Sections 4123.516 and 4123.519, Revised Code, provide relator with administrative and court appeals from the decision which he seeks to have set aside in this mandamus action. Paragraph one of the syllabus of State ex rel. Benton v. Columbus & S. O. Elec. Co. (1968), 14 Ohio St.2d 130, 237 N.E.2d 134, and paragraph three of the syllabus of State ex rel. Pressley v. Indus. Comm. (1967), 11 Ohio St.2d 141, 228 N.E.2d 631, required an affirmance of the judgment of the Court of Appeals.
Judgment affirmed.
COLE, J., of the Third Appellate District, sitting for HERBERT, J.
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