State ex rel Fay v. Industrial Commission of Ohio6/13/2002
(REGULAR CALENDAR)
DECISION
IN MANDAMUS
. On October 9, 2001, relator, Phyllis J. Fay, filed this action seeking a writ of mandamus directing respondent Industrial Commission of Ohio to vacate its order denying her application for permanent total disability ("PTD") compensation, and to issue an amended order granting PTD compensation, or, in the alternative, an order which complies with State ex rel. Stephenson v. Indus. Comm. (1987), 31 Ohio St.3d 167.
. Relator's complaint was referred to a magistrate of this court on October 19, 2001, pursuant to Civ.R. 53(C) and Loc.R. 12(M) of the Tenth District Court of Appeals. After reviewing the briefs, stipulated record, and argument of counsel, the magistrate rendered a decision which includes comprehensive and appropriate findings of fact and conclusions of law. (Attached as Appendix A.) Specifically, the magistrate concluded that this court should deny relator's request for a writ of mandamus. No objection to that decision and recommendation has been filed.
. Having now completed our own review, this court concludes that the magistrate properly applied the applicable law to the relevant facts of record. Finding no error in either the magistrate's decision or analysis, pursuant to Civ.R. 53(E)(4)(a), we hereby adopt the magistrate's February 27, 2002 decision as our own, including the findings of fact and conclusions of law rendered therein. Therefore, in accordance with the magistrate's decision and recommendation, relator's request for a writ of mandamus is denied.
Writ denied.
LAZARUS and BROWN, JJ., concur.
APPENDIX A
IN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT
No. 01AP-1154
State of Ohio ex rel. Phyllis J. Fay, Relator, v. Industrial Commission of Ohio (REGULAR CALENDAR) and Richland County, Respondents.
MAGISTRATE'S DECISION
Rendered on February 27, 2002
Mitchell, Allen, Catalano & Boda Co., L.P.A., and Richard A. Cline, for relator.
Betty D. Montgomery, Attorney General, and Donetta D. Bailey, for respondent Industrial Commission of Ohio.
Nancy H. Massie, Assistant Prosecuting Attorney, for respondent Richland County.
IN MANDAMUS
Relator, Phyllis J. Fay, filed this original action in mandamus asking the court to issue a writ compelling respondent Industrial Commission of Ohio to vacate its order denying compensation for permanent total disability ("PTD") and to issue an order that grants compensation, or, in the alternative, an order that complies with State ex rel. Stephenson v. Indus. Comm. (1987), 31 Ohio St.3d 167.
Findings of Fact:
1. In September 1991, Fay sustained a work-related injury while working as a "habilitation technician" for mentally retarded adults. Her workers' compensation claim was allowed for lumbosacral strain.
2. In 1992, when she was sixty years old, claimant completed training at a technical college, where she had studied "Nursing Human Service" for several years. She continued in her employment as a habilitation technician.
3. In 1994, claimant sustained another injury, and her claim was allowed for a wrist wound.
4. In May 1995, claimant sustained a third injury, and her claim was allowed for lumbosacral sprain, acute sciatica, and lumbar/lumbosacral disc degeneration.
5. Claimant continued to work until August 1999, ceasing work when she was about sixty-seven years old.
6. In July 2000, claimant filed a PTD application based on her back injuries. On the appli
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