STATE EX REL. DIAZ v. INDUS. COMM.

No. 98-1496.

88 Ohio St.3d 281 (2000)

THE STATE EX REL. DIAZ, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided April 5, 2000.


Attorney(s) appearing for the Case

Gallon & Takacs Co., L.P.A., and Thomas J. Schaffer, for appellant.

Betty D. Montgomery, Attorney General, and Dennis L. Hufstader, Assistant Attorney General, for appellee.


Per Curiam.

For reasons unknown, claimant waited six years before asserting that he had not received the first DHO order. Rather than assert this defect in a more timely fashion, he waited until he had unsuccessfully pursued one mandamus action before acting. We agree with the magistrate's observation:

"Claimant's failure to exhaust his administrative remedies prior to challenging the June...

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