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State ex rel United Auto Aerospace & Agricultural Implement Workers of America v. Ohio Bureau of Workers' Compensation6/12/2002
arities rise to that level. Therefore, courts entertain such actions only where the alleged wrong affects the citizenry as a whole, involves issues of great importance and interest to the public at large, and the public injury by its refusal would be serious." The court noted that " he vast majority of such cases involve voting rights and ballot disputes." In Bowers, the mandamus action was brought by dentists to compel the dental board to adopt an administrative rule specifying which exams the board would accept for licensure in Ohio. The court found that although the issues may tangentially affect the citizens of Ohio as a whole, they were not of sufficient importance to the general public to fall within the Sheward exception to the general standing requirement of specific personal injury to the litigant.
. In the instant case, there is no usurpation of judicial power. The disbursement of funds through the dividend is merely a reduction in employer premium payments and does not involve any divestment of judicial power of the courts. Because the majority has created a remedy in this case, for this relator, that is supported by no principle of law, and because consistent application of fundamental tests to determine standing and mandamus will be jeopardized by the majority's opinion, I dissent.
Cook and Lundberg Stratton, JJ., concur in the foregoing dissenting opinion.
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