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State ex rel Gardner v. Industrial Commission of Ohio

December 4, 2008

STATE OF OHIO EX REL. RONALD L. GARDNER, RELATOR,
v.
INDUSTRIAL COMMISSION OF OHIO AND COLUMBUS DRYWALL & INSULATION, INC., RESPONDENTS.



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

(REGULAR CALENDAR)

DECISION

IN MANDAMUS

ON OBJECTIONS TO THE MAGISTRATE'S DECISION

{¶1} In this original action, relator, Ronald L. Gardner, requests a writ of mandamus ordering respondent Industrial Commission of Ohio ("commission"), to vacate its order denying his application for permanent total disability ("PTD") compensation, and to enter an order granting him the requested PTD compensation.

{¶2} This matter was referred to a magistrate of this court pursuant to Civ.R. 53 and Loc.R. 12(M) of the Tenth District Court of Appeals. The magistrate examined the evidence and issued a decision (attached as Appendix A), including findings of fact and conclusions of law. Therein, the magistrate concluded that relator has not demonstrated that the commission abused its discretion in denying his request for PTD compensation and, therefore, the magistrate recommended that this court deny relator's request for a writ of mandamus.

{¶3} In his objections, relator makes two arguments: (1) the magistrate failed to properly apply the definition of sedentary work found in Ohio Adm.Code 4121-3-34(B)(2)(a); and (2) the commission ignored evidence. Upon review, however, we do not find relator's objections to be well-taken.

{¶4} Following an independent review of the matter, we find that the magistrate has properly determined the facts and applied the appropriate law. Therefore, relator's objections to the magistrate's decision are overruled, and we adopt the magistrate's decision as our own, including the findings of fact and conclusions of law contained therein. In accordance with the magistrate's decision, we deny the requested writ of mandamus.

Objections overruled; writ denied.

SADLER and TYACK, JJ., concur.

APPENDIX A

MAGISTRATE ' S DECISION

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