State ex rel. Natl. Employers Network Alliance, Inc. v. Ryan
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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Natl. Employers Network Alliance, Inc. v. Ryan, Slip Opinion No. 2010-Ohio-578.] NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published. SLIP OPINION NO. 2010-OHIO-578 THE STATE EX REL. NATIONAL EMPLOYERS NETWORK ALLIANCE, INC. v. RYAN, ADMR. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Natl. Employers Network Alliance, Inc. v. Ryan, Slip Opinion No. 2010-Ohio-578.] Workers compensation Availability of administrative appeal precludes relief by mandamus. (No. 2009-1592 Submitted January 12, 2010 Decided February 24, 2010.) IN MANDAMUS. __________________ Per Curiam. {¶ 1} Relator, National Employers Network Alliance, Inc., seeks a writ of mandamus from this court but admits that it did not pursue the administrative appeals available to it. Mandamus cannot issue when the relator has an adequate remedy at law. State ex rel. Berger v. McMonagle (1983), 6 Ohio St.3d 28, 6 OBR 50, 451 N.E.2d 225. An administrative appeal generally constitutes an adequate remedy in the ordinary course of law that precludes a writ of mandamus. SUPREME COURT OF OHIO State ex rel. Hilltop Basic Resources, Inc. v. Cincinnati, 118 Ohio St.3d 131, 2008-Ohio-1966, 886 N.E.2d 839, ¶ 23. {¶ 2} We hereby grant respondent administrator s motion for judgment on the pleadings and deny relator s request for a writ of mandamus. Relator s motion to strike is not well taken and is overruled. Writ denied. MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O CONNOR, O DONNELL, LANZINGER, and CUPP, JJ., concur. __________________ Kegler, Brown, Hill & Ritter, Roger P. Sugarman, David M. McCarty, and R. Kevin Kerns, for relator. Richard Cordray, Attorney General, and Gerald H. Waterman, Assistant Attorney General, for respondent. ______________________ 2
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