State ex rel Findlay Industries v. Industrial Commission of Ohio12/16/2004
(REGULAR CALENDAR)
DECISION
IN MANDAMUS
{ } Relator, Findlay Industries, has filed an original action in mandamus requesting this court to issue a writ of mandamus to order respondent, Industrial Commission of Ohio ("commission"), to vacate its order that granted temporary total disability ("TTD") compensation to respondent, Cheryl Dalton ("claimant"), and ordering the commission to find that claimant is not entitled to TTD compensation for the disputed time period.
{ } This court referred the matter to a magistrate, pursuant to Civ.R. 53(C) and Section (M), Loc.R. 12 of the Tenth District Court of Appeals, who rendered a decision including findings of fact and conclusions of law. (Attached as Appendix A.) The magistrate found that, in rendering its decision, the commission relied upon medical evidence submitted by physicians who were actively treating claimant during the relevant time period and, therefore, it did not matter that neither physician was officially listed as claimant's "physician of record." (Magistrate's Decision at .) No objections have been filed to the magistrate's decision.
{ } Upon a review of the magistrate's decision and an independent review of the evidence, this court finds there is no error of law or other defect on the face of the magistrate's decision and adopts it as its own. Therefore, the requested writ of mandamus is denied.
Writ of mandamus denied.
PETREE and MCCORMAC, JJ., concur.
McCORMAC, J., retired of the Tenth Appellate District, assigned to active duty under authority of Section 6(C), Article IV, Ohio Constitution.
APPENDIXA
MAGISTRATE'S DECISION
IN MANDAMUS
{ } Relator, Findlay Industries, has filed this original action requesting that this court issue a writ of mandamus ordering respondent Industrial Commission of Ohio ("commission") to vacate its order which granted temporary total disability ("TTD") compensation to respondent Cheryl Dalton ("claimant") and ordering the commission to find that claimant is not entitled to TTD compensation for that time period.
Findings of Fact
{ } 1. Claimant sustained a work-related injury on May 2, 2002 and her claim has been allowed for: "herniated disc at L5-S1."
{ } 2. Between the dates of May 22, 2002 and January 21, 2003, claimant treated with two different physicians: Scott West, D.O., and H. Allen Ferguson, Jr., D.O. The record contains certain relevant documentation from Dr. West dated May 22, June 5, June 7, June 10, August 8, and August 26, 2002. The record contains documentation from Dr. Ferguson dated June 23, August 1, August 27, October 3, October 21, October 22, November 4, December 4, and December 6, 2002, and January 14, and January 21, 2003.
{ } 3. On July 29, 2002, claimant filed a notice with the Ohio Bureau of Workers' Compensation ("BWC") requesting that her physician of record be changed from Dr. Ferguson to Dr. West. Thereafter, on February 28, 2003, claimant filed a second notice with the BWC requesting to change her physician from Dr. West back to Dr. Ferguson. On March 26, 2003, claimant's authorized representative signed a motion on claimant's behalf requesting payment of TTD from May 22 through May 28, 2002 and from January 11 through January 26, 2003. This motion was filed with the commission on April 2, 2003.
{ } 4. In support of claimant's motion for TTD compensation, claimant submitted her medical records in the file, a March 18, 2003 C-84 form completed by Dr. Ferguson certifying that period of TTD compensation as well as medical records from Dr. Ferguson for the ti
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