COVID-19 Insights and Information

Spotlight

Industries

Shaw and Ebel Obtain Writ of Mandamus

7/2/21

A writ of mandamus is an order of the court to another government entity that commands the entity to either do its duty or correct an abuse of its discretion.  Eastman & Smith members Mark A. Shaw and Melissa A. Ebel recently obtained such a writ on  behalf of an automotive manufacturing client.  Writs of mandamus are not granted often.  Westlaw located just six Ohio Appellate decisions in the last three years granting a writ where the Ohio Industrial Commission was a party. 

The issue at hand in the case was whether or not the Industrial Commission had correctly applied Ohio regulations in regards to the manufacturer’s responsibility to pay for opioid medication prescribed to an injured employee.  The Ohio Appellate Court found that it had not and therefore ordered the Industrial Commission to vacate its decision and conduct a new hearing where the regulations would be properly applied. 

Ms. Ebel and Mr. Shaw are part of our Labor & Employment Practice Group.  Ms. Ebel focuses on litigating and advising employers on a wide range of issues while Mr. Shaw represents employers in workers' compensation, litigation and employment matters.