Opinion
No. 88-442
Submitted July 11, 1989 —
Decided September 13, 1989.
Workers' compensation — Denial of compensation claim — Appeal to court of common pleas available under R.C. 4123.519 — Mandamus not an available remedy.
APPEAL from the Court of Appeals for Franklin County, No. 85AP-892.
Appellant, Homer Tudor, a Greene County deputy sheriff, was injured on August 3, 1982 while traveling from his home to his place of employment. Appellant completed a workers' compensation claim application indicating that he "was on * * * [his] way to work" when the injury occurred. His claim was certified as valid by Russell A. Bradley, Greene County Sheriff, and, as a result, the Bureau of Workers' Compensation allowed the claim without hearing or written order.
Appellee Industrial Commission of Ohio ("commission") later questioned the allowance due to the possibility that the injury occurred while appellant was traveling to work. The commission's investigation into the claim verified this circumstance of the injury. The investigation also revealed that the Greene County Board of Commissioners ("board") contested the claim's allowance.
On January 11, 1983, the board, through its representative, filed a motion with the commission "requsting [ sic] this claim be scheduled for hearing on the question of allowance of claim. The Employer does not wish to certify on the basis that claimant was not in the course of his employment at the time of [ sic] the accident occurred." Following a February 15, 1983 hearing, a commission district hearing officer denied the claim, finding that the injury did not occur in the course of and arising out of employment.
This order was vacated by a regional board of review which reinstated the allowance. The board timely appealed and staff hearing officers vacated the regional board order and reinstated the district hearing officer's order denying the claim. Appellant's application for reconsideration was denied.
Appellant filed a complaint in mandamus in the Court of Appeals for Franklin County seeking to have his claim recognized as valid. The court of appeals denied the writ of mandamus finding that appellant had an adequate remedy at law by way of appeal under R.C. 4123.519.
This cause is now before this court upon an appeal as a matter of right.
Joseph A. Marchese, for appellant.
Anthony J. Celebrezze, Jr., attorney general, and Jenice R. Golson, for appellee Industrial Commission.
Taft, Stettinius Hollister and Robert S. Corker, for appellees Russell A. Bradley and Greene County Commissioners.
For a writ of mandamus to issue, it must be established that: (1) relator has a clear right to the relief requested; (2) respondent is under a clear legal duty to perform the requested act; and (3) relator has no plain and adequate remedy at law. State, ex rel. Westchester Estates, Inc., v. Bacon (1980), 61 Ohio St.2d 42, 15 O.O. 3d 53, 399 N.E.2d 81, paragraph one of the syllabus.
R.C. 4123.519 provides in part:
"The claimant or the employer may appeal a decision of the industrial commission or of its staff hearing officer made pursuant to division (B)(6) of section 4121.35 of the Revised Code in any injury or occupational disease case, other than a decision as to the extent of disability * * *.
"* * *
"The claimant shall, within thirty days after the filing of the notice of appeal, file a petition containing a statement of facts in ordinary and concise language showing a cause of action to participate or to continue to participate in the fund and setting forth the basis for the jurisdiction of the court over the action. * * *"
In Zavatsky v. Stringer (1978), 56 Ohio St.2d 386, 10 O.O. 3d 503, 384 N.E.2d 693, we held that a denial of the right to participate in the State Insurance Fund is appealable under R.C. 4123.519. In the present case, the commission denied appellant's workers' compensation claim — the ultimate right-to-participate question. We thus find that appellant has an adequate remedy at law, and accordingly affirm the judgment of the court of appeals denying the writ.
Judgment affirmed.
MOYER, C.J., SWEENEY, HOLMES, DOUGLAS, WRIGHT, H. BROWN and RESNICK, JJ., concur.