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State ex rel O'Brien v. Industrial Commission of Ohio9/30/2002
(REGULAR CALENDAR)
DECISION
ON OBJECTIONS TO THE MAGISTRATE'S DECISION IN MANDAMUS
. Relator, Linda O'Brien, has filed an original action in mandamus requesting this court to issue a writ of mandamus to order respondent, Industrial Commission of Ohio, to vacate its order that denied her application for temporary total disability compensation on the basis that she voluntarily abandoned her employment and to issue a new order addressing the merits of her claim.
. 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 decided that a writ of mandamus should be granted to require the commission to vacate its order and to issue a new order that meets the requirements of State ex rel. Noll v. Indus. Comm. (1991), 57 Ohio St.3d 203. The commission and respondent-employer, Eaton Center, have filed objections to the magistrate's decision.
. Upon a review of the magistrate's decision and an independent review of the record, this court adopts the magistrate's decision as its own. In its order, the commission found that "claimant violated various work rules which led to her termination on 08/03/2001." As the magistrate noted, the Ohio Supreme Court cautioned in State ex rel. McKnabb v. Indus. Comm. (2001), 92 Ohio St.3d 559, that terminations following an on-the-job injury must be carefully scrutinized. Included in this scrutiny must be a review of the work rules alleged to have been violated in accordance with State ex rel. Louisiana-Pacific Corp. v. Indus. Comm. (1995), 72 Ohio St.3d 401. Admittedly, the record contains evidence that relator had been cited in the past for failure to meet production standards, improper use of compressed air and poor attitude; however, as the magistrate noted, the record is unclear as to whether a warning as to any one of these violations would be adequate notice to relator that any future violation of other rules could lead to her discharge.
. Therefore, respondents' objections to the magistrate's decision are overruled, and this court issues a writ of mandamus to order respondent, Industrial Commission of Ohio, to vacate its order that denied relator's application for temporary total disability compensation and to issue a new order that addresses the issues set forth in Louisiana-Pacific and McKnabb, and meets the requirements of Noll.
Objections overruled, writ of mandamus granted.
LAZARUS and KLATT, JJ., concur.
APPENDIX A
IN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT
State of Ohio ex rel. Linda O'Brien, Relator, v. Industrial Commission of Ohio and Eaton Center, Respondents.
No. 02AP-60
(REGULAR CALENDAR)
MAGISTRATE'S DECISION
Rendered on June 28, 2002
Pencheff & Fraley Co. L.P.A., and Mark Heinzerling, for relator. Betty D. Montgomery, Attorney General, and Jacob Dobres, for respondent Industrial Commission of Ohio. Critchfield, Critchfield & Johnston, LTD, and Barbara A. Knapic, for respondent Eaton Center.
IN MANDAMUS
. Relator, Linda O'Brien, filed this original action in mandamus asking the court to issue a writ compelling respondent Industrial Commission of Ohio ("commission") to vacate its order denying compensation for temporary total disability ("TTD") on the basis of abandonment of employment and to issue a new order addressing the merits of the TTD request.
Findings of Fact:
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