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State ex rel Stringer v. Hamilton Plastics6/25/2002
(REGULAR CALENDAR)
DECISION
IN MANDAMUS ON OBJECTIONS TO THE MAGISTRATE'S DECISION
. Relator, Laura Stringer, 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 denied her application for permanent total disability ("PTD") compensation and to issue an order finding that she is entitled to PTD compensation pursuant to State ex rel. Gay v. Mihm (1994), 68 Ohio St.3d 315.
. Pursuant to Civ.R. 53(C) and Loc.R. 12(M) of the Tenth District Court of Appeals, this matter was referred to a magistrate of this court, who examined the evidence and issued a decision, including findings of fact and conclusions of law. (Attached as Appendix A.) Therein, the magistrate concluded that the commission did not abuse its discretion in denying her application for PTD compensation and recommended that this court deny the requested writ.
. Relator has filed objections to the magistrate's decision, and the matter is now before this court for a full, independent review.
. Relator's objections to the contrary, this court agrees with the magistrate's analysis of the pertinent issues. Accordingly, for the reasons set forth in the magistrate's decision, this court overrules relator's objections and adopts the magistrate's decision as its own, including the findings of fact (with a corrected date of May 16, 1988 in the first paragraph of the findings of fact and a correction from TTD to PTD in the thirteenth paragraph of the findings of fact) and conclusions of law contained therein. In accordance with the magistrate's decision, this court hereby denies the requested writ of mandamus.
Objections overruled; writ denied.
TYACK, P.J., and DESHLER, J., concur.
APPENDIX A
MAGISTRATE'S DECISION
Rendered on March 11, 2002
IN MANDAMUS
court issue a writ of mandamus ordering respondent Industrial Commission of Ohio ("commission") to vacate its order which denied her application for permanent total disability ("PTD") compensation and asked this court to order the commission to find that she is entitled to PTD compensation pursuant to State ex rel. Gay v. Mihm (1994), 68 Ohio St.3d 315. Findings of Fact:
n August 6, 1987, and has been allowed for nonspecific conditions involving the left arm and hand, but specifically disallowed for left and right carpal tunnel syndrome and aggravation of pre-existing carpal tunnel syndrome left and right. The second injury occurred on May 16, 1998, and has been allowed for: "Herniated disc L4-5 and L5-S1; right foraminal stenosis at L5-S1; failed back syndrome."
tor reinjured her back in 1992, and the second surgery was performed in 1993. 3. Relator last worked in 1996.
on. At the time of the application, relator was sixty-eight years old, had completed the sixth grade, had worked as a school bus driver, a real estate agent, and a barmaid/waitress.
23, 2000. Dr. Randolph concluded that relator was capable of returning to sedentary work activities; however, he recommended that a functional capacity examination was necessary in order to fully address this issue. Dr. Randolph listed the following functional limitations:
Based solely on subjective information and the objective physical examination, it is my opinion she should be capable of work related activities in a sedentary physical demand characteristic only. She should avoid prolonged work in a single position but be permitted frequent position changes as needed. Bending, twisting and stoopin
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