Mandamus Actions

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Mandamus Actions

What are they?
Mandamus actions involve the judicial review of BWC or Commission orders, where a party is alleging the Commission has abused its discretion in one of its orders. For the commission, they primarily relate to extent of disability issues. There is no right to appeal from such orders, so the parties resort to this "extraordinary remedy" arguing that the respective agency has abused its discretion.  These cases may be filed in the Franklin County Court of Common Pleas, or the Franklin County Court of Appeals, or directly with the Ohio Supreme Court. These actions can include, but are not limited to, a claimant’s right to receive a particular type of benefit (such as temporary total or permanent total disability) or an employer’s violation of a specific safety requirement.  
 
There is no trial.The evidence presented to the court generally consists of records and documents presented at the Commission hearing levels.In these cases, legal counsels for the parties submit written briefs, and present oral argument to the court.Generally, the court of appeals will assign a magistrate to hear the case, and the parties have a right to file objections to the full court.