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State ex rel First Energy Corp. v. Stover6/11/2002
(REGULAR CALENDAR)
DECISION
IN MANDAMUS ON OBJECTION TO THE MAGISTRATE'S DECISION
. Relator, First Energy Corp., has filed an original action requesting this court to issue a writ of mandamus ordering respondent Industrial Commission of Ohio ("commission") to vacate its order granting permanent total disability ("PTD") compensation to respondent Barbara Stover ("claimant") and to either deny claimant's application for PTD compensation or issue an order granting or denying the requested compensation which complies with State ex rel. Stephenson v. Indus. Comm. (1987), 31 Ohio St.3d 167, and State ex rel. Noll v. Indus. Comm. (1991), 57 Ohio St.3d 203.
. 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. On March 22, 2002, the magistrate issued a decision, which included findings of fact and conclusions of law, and recommended that this court deny relator's request for a writ of mandamus. (Attached as Appendix A.) Relator has filed one objection to the magistrate's decision.
. Relator argues in its objection that the magistrate should have found the commission abused its discretion because it failed to analyze or discuss the effect of claimant's age. We note that a review of the brief submitted by relator to the magistrate shows that this argument has already been presented. In response to relator's argument, the magistrate found that claimant's "age was not a dispositive factor as the commission concluded she was not amenable to rehabilitation and her other vocational factors were negative." We agree with the magistrate's conclusion that the commission "adequately address the non-medical vocational factors, and relator has not demonstrated that the commission abused its discretion in this regard."
. After an examination of the magistrate's decision, an independent review of the stipulated evidence, and due consideration of relator's objection, this court overrules relator's objection and adopts the findings of fact and conclusions of law contained in the magistrate's decision. Since the magistrate sufficiently discussed and determined the issues raised by relator in its objection, further discussion is not warranted. Accordingly, relator's request for a writ of mandamus is denied. Objection overruled; writ denied.
LAZARUS and PETREE, JJ., concur.
APPENDIX A
IN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT
No. 01AP-1135
State ex rel. First Energy Corp., Relator, v. Barbara Stover and Industrial (REGULAR CALENDAR) Commission of Ohio, Respondents.
MAGISTRATE'S DECISION
Rendered on March 22, 2002
Roetzel & Andress, and Mark S. Barnes, for relator.
Gallon & Takacs Co., L.P.A., Theodore A. Bowman and Martha Wilson-Burres, for respondent Barbara Stover.
Betty D. Montgomery, Attorney General and Erica L. Bass, for respondent Industrial Commission of Ohio.
IN MANDAMUS
Relator, First Energy Corp., 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 granted permanent total disability ("PTD") compensation to respondent Barbara Stover ("claimant") and ordering the commission to either deny relator's application for PTD compensation or issue an order granting or denying the requested compensation in an order which complies with State ex rel. Stephenson v. Indus. Comm. (1987), 31 Ohio St.3d 167, and State ex rel. Noll v. Indus. Comm. (1991), 57 Ohio St.3
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