Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

The State Ex Rel. Baroni, Appellant v. Colletti et al.

October 19, 2011

THE STATE EX REL. BARONI, APPELLANT,
v.
COLLETTI ET AL., APPELLEES.



APPEAL from the Court of Appeals for Summit County, No. 25334.

Per curiam.

[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Baroni v. Colletti, Slip Opinion No. 2011-Ohio-5351.]

NOTICE

This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published.

SLIP OPINION NO. 2011-OHIO-5351

[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Baroni v. Colletti, Slip Opinion No. 2011-Ohio-5351.]

R.C. 124.32--Ohio Adm.Code 123:1-30-04--Employee not entitled to back pay or vacation-leave credit--Public employer complied with timeline for reinstatement.

Submitted September 6, 2011--

{¶1} This is an appeal from a judgment dismissing a complaint for a writ of mandamus. The requested writ seeks to compel a public employer to provide an employee with either back pay or vacation-leave credit for the period between the employee's certification by his treating physician that he was able to return to work and his reinstatement to the payroll by his employer. Because the pertinent statutes and administrative rules do not authorize this relief under the circumstances of this case, we affirm the judgment of the court of appeals.

Facts

{¶2} Appellant, James E. Baroni, is employed by appellee Ohio Department of Mental Health ("ODMH") in the position of Building Superintendent I in its Northcoast Behavioral Healthcare Facility ("Northcoast") in Summit County, Ohio. Appellee Sandra Stephenson is ODMH's director, and appellee David Colletti is Northcoast's chief executive officer. Baroni was involuntarily separated from his employment due to disability.

{¶3} On December 10, 2009, Baroni applied to be reinstated to his position pursuant to Ohio Adm.Code 123:1-30-04. Baroni submitted with his application a November 25, 2009 letter from his treating physician, Michael E. Felver, M.D., that cleared him to return to work on December 28, 2009.

{¶4} ODMH referred Baroni to another physician, Dean W. Erickson,

M.D., for an independent medical examination. Dr. Erickson diagnosed him with a "[h]istory of osteomyelitis of the lumbar spine complicated by congestive heart failure, renal failure, pleural effusions, malnutrition, decubitus ulcers and gastrointestinal bleeding, all currently stable with minimal residual decubitus wound in the lower lumbosacral spine," "[p]re-existing bilateral shoulder rotator cuff weakness with severe loss of range of motion," "[r]ight knee degenerative arthritis with loss of range of motion," "[s]evere right thumb degenerative arthritis with loss of motion," "[p]re-existing cardiovascular disease with status post 3- vessel coronary artery bypass graft with hypertension, under good control," "Type II ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.