 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
State ex rel Hutchins v. Industrial Commission of Ohio6/25/2002
(REGULAR CALENDAR)
DECISION
IN MANDAMUS
. Fred Hutchins filed this action in mandamus seeking a writ which compels the Industrial Commission of Ohio ("commission") to adjust the starting date for his permanent total disability ("PTD") compensation.
. In accord with Loc.R. 12(M), the case was referred to a magistrate to conduct appropriate proceedings. The parties stipulated the pertinent evidence and file briefs. The magistrate then issued magistrate's decision which includes a recommendation that we refuse the requested relief. (Attached as Appendix A.)
. No one has filed objections to the magistrate's decision. The case is now before the court for review.
. No error of law or fact is present on the fact of the magistrate's decision. We, therefore, adopt the findings of fact and conclusions of law contained in the magistrate's decision and deny the requested writ. Writ denied.
DESHLER and PETREE, JJ., concur.
APPENDIX A
MAGISTRATE'S DECISION
Rendered on March 27, 2002
IN MANDAMUS
Relator, Fred Hutchins, has filed this original action requesting that this court issue a writ of mandamus ordering respondent Industrial Commission of Ohio ("commission") to vacate its April 30, 2001 order which denied his motion to readjust the start date for his receipt of permanent total disability ("PTD") compensation, so that it would start October 7, 1996.
Findings of Fact:
1. Relator has sustained several work related injuries and his claims have been allowed as follows: " laim RL 208 has been allowed for: Aggravation of pre-existing lumbar disc displacement right side; aggravation of pre-existing low back injury ; and for lumbar disc displacement left side. * laim 79-30040 has been allowed for: Lower back and injury to right side, histidase nucleus pulpous L4-5. * laim 85-7789 has been allowed for: Left shoulder brachial plexus syndrome. * laim 85-52412 has been allowed for: Pulled muscle rib cage."
2. On March 25, 1998, relator filed an application for PTD compensation.
3. Relator submitted the November 14, 1997 report of Raymond J. Tesner, D.O., which provided, in pertinent part, as follows:
* Fred has been under my care for quite some time for chronic low back pain with radicular symptoms on both legs. I do feel at this point in time that he is permanently and totally disabled due to his industrial injury as you know. He has been under my care for quite a bit of time. He is in chronic pain and we have been unable to relieve it. We have sent him to several surgical specialists, both Neurologist and Neurosurgeon and Orthopedic back specialist and every one feels that there is no further surgery that can be done on him. He has had multiple surgical procedures done in the past. At this time his symptoms are controlled with activity modification, that includes no work as well as pain medication and home exercises. Due to the longstanding nature of his problems and the multiple surgeries that has been done, the fact that he has no operative options available to him and he continues to be debilitated with discomfort, I see no significant improvement in the future. The prognosis is poor and again I reiterate that the fact that he is totally and permanently disabled.
4. Relator also submitted the March 16, 1998 questionnaire completed by Dr. Jerry Guy who indicated that relator is unable to engage in sustained remunerative employment and is permanently and totally disabled.
5. Relator's application was heard before a staff hearing officer ("SHO") on Octo
Page 1 2 3 Ohio Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|