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State ex rel Allied Holdings, Inc. v. Industrial Commission of Ohio

December 4, 2008

[STATE EX REL.] ALLIED HOLDINGS, INC., RELATOR,
v.
INDUSTRIAL COMMISSION OF OHIO AND JAMES A. BRISTO, RESPONDENTS.



The opinion of the court was delivered by: Tyack, J.

(REGULAR CALENDAR)

DECISION

IN MANDAMUS

{¶1} Allied Holdings, Inc., filed this action in mandamus, seeking a writ to compel the Industrial Commission of Ohio to vacate its award of permanent total disability compensation to James A. Bristo.

{¶2} In accord with Loc.R. 12, the case was referred to a magistrate to conduct appropriate proceedings. The parties stipulated the pertinent evidence and filed briefs. The magistrate then issued a magistrate's decision which contains detailed findings of fact and conclusions of law. (Attached as Appendix A.) The magistrate's decision includes a recommendation that we deny the requested writ.

{¶3} No party has filed objections to the magistrate's decision. The case is now before the court for review.

{¶4} No error of law or fact is present on the face of the magistrate's decision. We, therefore, adopt the findings of fact and conclusions of law contained in the magistrate's decision. As a result, we deny the requested writ of mandamus.

Writ of mandamus denied.

McGRATH, P.J., and SADLER, J., concur.

APPENDIX A

MAGISTRATE ' S DECISION

Rendered on August 29, 2008

IN MANDAMUS

{ΒΆ5} Relator, Allied Holdings, Inc., 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 awarded permanent total disability ("PTD") compensation to respondent James A. Bristo ("claimant") and ...


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