 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
State ex rel Campbell v. Conrad5/30/2002
(REGULAR CALENDAR)
DECISION
IN MANDAMUS ON OBJECTION TO MAGISTRATE'S DECISION
. Relator, Joyce Campell, commenced this original action requesting a writ of mandamus that orders respondent Industrial Commission of Ohio to vacate its order denying her temporary total disability compensation from June 21, 2000 through June 26, 2001, and to enter an order granting said compensation.
. Pursuant to Civ.R. 53 and Section (M), Loc.R. 12 of the Tenth Appellate District, this matter was referred to a magistrate who issued a decision, including findings of fact and conclusions of law. (See attached Appendix A.) In the decision, the magistrate concluded: (1) the staff hearing officer's stated basis for denying temporary total disability, the report of Dr. Cunningham, does not support the staff hearing officer's finding that relator was not temporarily totally disabled for the period of compensation requested, and (2) the district hearing officer's order violates State ex rel. Noll v. Indus. Comm. (1991), 57 Ohio St.3d 203. Accordingly, the magistrate determined this court should issue a writ ordering the Industrial Commission to vacate its staff hearing officer's order of August 27, 2001.
. Respondent Frigidaire Company has filed an objection to the magistrate's conclusions of law. In its objection, Frigidaire largely reargues those matters adequately addressed in the magistrate's decision. For the reasons set forth in the magistrate's decision, the objection is overruled.
. More particularly, Frigidaire initially submits that the staff hearing officer's order of August 27, 2001, contains a sufficient basis for the denial of temporary total disability compensation. As support, Frigidaire notes the staff hearing officer's order affirmed the district hearing officer's order, in effect accepting the findings of the district hearing officer. As the magistrate noted, however, the district hearing officer's order is deficient in that it fails to comply with Noll.
. Moreover, while Frigidaire continues to rely on the report of Dr. Cunningham, the magistrate's decision explains that Dr. Cunningham's report does not apply the appropriate test in determining temporary total disability.
. Finally, to the extent Frigidaire suggests reasons which would support the district hearing officer's order, it ignores the district hearing officer's obligation to specify the reasons for its decision so that those reasons may be judicially reviewed.
. Following independent review pursuant to Civ.R. 53, we find the magistrate has properly determined the pertinent facts and applied the salient law to them. Accordingly, we adopt the magistrate's decision as our own, including the findings of fact and conclusions of law contained in it. In accordance with the magistrate's decision, we issue a writ of mandamus ordering respondent Industrial Commission of Ohio to vacate its staff hearing officer's order of August 27, 2001, and in a manner consistent with the magistrate's decision, adopted here, to enter a new order either granting or denying relator's April 10, 2001 motion for temporary total disability compensation.
Objection overruled; writ granted.
BOWMAN and KLATT, JJ., concur.
APPENDIX A
MAGISTRATE'S DECISION Rendered on February 28, 2002
IN MANDAMUS
In this original action, relator, Joyce Campbell, requests a writ of mandamus ordering respondent Industrial Commission of Ohio ("commission") to vacate its order denying her temporary total disability ("TTD") compensation from June 21, 2000 through June 26, 2001, and to enter an order gran
Page 1 2 3 4 5 Ohio Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|