Thompson v. Ohio Bur. of Workers' Comp.

Summary

The Tenth District Court of Appeals of Ohio dismissed Chesney Nicole Thompson’s petition for a writ of mandamus against the Ohio Bureau of Workers’ Compensation and the Industrial Commission of Ohio. The court held that the petition failed to comply with the captioning requirement of R.C. 2731.04 because it was not brought in the name of the state on the relation of the applicant. The court adopted the magistrate’s findings and conclusions, rendered the remaining objections and pending motions moot, and dismissed the writ.

Holdings

1. A mandamus petition that is not brought in the name of the State on the relation of the person applying fails to comply with R.C. 2731.04, and that defect is grounds for sua sponte dismissal.
2. The objections addressing the adequacy of a legal remedy and the merits of the mandamus petition were rendered moot after the court dismissed the petition for failure to comply with R.C. 2731.04.

Questions Presented

1. Whether the petition for a writ of mandamus was subject to dismissal because it was not brought in the name of the State on the relation of the person applying, as required by R.C. 2731.04.
2. Whether the remaining objections concerning the adequacy of a legal remedy and the merits of the mandamus petition were moot after dismissal on the captioning ground.

Disposition

dismissed