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State ex rel Bowman v. Fyda Freightliner11/14/2002
(REGULAR CALENDAR)
DECISION
IN MANDAMUS ON OBJECTIONS TO THE MAGISTRATE'S DECISION
. Relator, Deborah K. Bowman, commenced this original action on March 7, 2002, requesting that this court issue a writ of mandamus directing respondent Industrial Commission of Ohio ("commission") to vacate its order denying relator's application for temporary total disability ("TTD") compensation , and to issue a new or amended order granting TTD compensation during the period starting on April 29, 1999, and ending on February 29, 2000. In the alternative, relator seeks a writ of mandamus returning the matter to the commission with instructions that the commission issue a new or amended order after it has considered the impact of State ex rel. Baker v. Indus. Comm. (2000), 89 Ohio St.3d 376 ("Baker II"), instead of State ex rel. Baker v. Indus. Comm. (2000), 87 Ohio St.3d 561 ("Baker I"), and further after complying with the rule of law set forth by the Ohio Supreme Court in State ex rel Fultz v. Indus. Comm. (1994), 69 Ohio St.3d 327.
. On March 15, 2002, this matter was referred to a magistrate of this court, pursuant to Civ.R. 53(C) and Loc.R. 12(M) of the Tenth District Court of Appeals, who rendered a decision which included comprehensive findings of fact and conclusions of law. (Attached as Appendix A.) Particularly, the magistrate analyzed the record and the briefs of the parties and concluded that this court should issue a writ of mandamus directing the commission to vacate its order denying relator's application for TTD compensation , and conduct a new hearing on that application, as the commission had abused its discretion in denying relator's application. The matter is now before the court upon the objections to the magistrate's decision filed by respondent-employer, Fyda Freightliner, Inc.
. Respondent's objections to the contrary, having fully reviewed the matter, this court concludes that the magistrate discerned the pertinent legal issues and properly applied the law to those issues. Having completed our independent review, we have found no error in either the magistrate's decision or analysis. Respondent's objections to the magistrate's decision are, therefore, overruled.
. Accordingly, we adopt the magistrate's July 30, 2002 decision as our own, including the findings of fact and conclusions of law rendered therein. In accordance with that decision, we hereby grant a writ of mandamus instructing the commission to vacate its order denying relator's application for TTD compensation , and to conduct a new hearing to determine relator's application on the merits.
Objections overruled; writ granted.
DESHLER and BROWN, JJ., concur.
APPENDIX A
IN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT
State of Ohio ex rel. Deborah K. Bowman, Relator, v. Fyda Freightliner, Inc. and Industrial Commission of Ohio, Respondents.
No. 02AP-284
(REGULAR CALENDAR)
MAGISTRATE'S DECISION
Rendered on July 30, 2002
Stephen E. Mindzak Law Offices, L.L.C., and Stephen E. Mindzak, for relator.
Roth, Blair, Roberts, Strasfeld & Lodge, and Christopher P. Lacich, for respondent Fyda Freightliner, Inc.
Betty D. Montgomery, Attorney General, and Lisa R. Miller, for respondent Industrial Commission of Ohio.
IN MANDAMUS
. Relator, Deborah K. Bowman, 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 relator temporary total disabili
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