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State of Ohio Ex Rel. v. Industrial Commission of Ohio and Michael S. Hegedus

November 1, 2011

STATE OF OHIO EX REL.
AMG RESOURCES, INC., FKA G & W LEASING, INC., RELATOR,
v.
INDUSTRIAL COMMISSION OF OHIO AND MICHAEL S. HEGEDUS, RESPONDENTS.



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

Cite as State ex rel. AMG Resources, Inc. v. Indus. Comm.,

(REGULAR CALENDAR)

DECISION

IN MANDAMUS

{¶1} AMG Resources, Inc. ("AMG"), filed this action in mandamus, seeking a writ to compel the Industrial Commission of Ohio ("commission") to grant AMG handicap reimbursement.

{¶2} In accord with Loc.R. 12, this 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 including detailed findings of fact and conclusions of law, which is appended to this decision. The magistrate's decision includes a recommendation that we deny the request for a 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 request for a writ of mandamus.

Writ of mandamus denied.

BROWN and DORRIAN, JJ., concur.

A P P E N D I X

IN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT

State of Ohio ex rel. AMG Resources, Inc., fka G & W Leasing, Inc., Relator, v. Industrial Commission of Ohio and Michael S. Hegedus, Respondents.

No. 10AP-759

(REGULAR CALENDAR)

MAGISTRATE ' S DECISION

Rendered on August 12, 2011

Ross, Brittain & Schonberg Co., L.P.A., Brian K. Brittain, Michael J. Reidy, Scott W. Gedeon and Meredith L. Ullman, for relator.

Michael DeWine, Attorney General, and John R. Smart, for respondent Industrial Commission of Ohio.

IN MANDAMUS

{¶5} In this original action, relator, AMG Resources, Inc. ("AMG"), requests a writ of mandamus ordering respondent Industrial Commission of Ohio ("commission") to vacate its order denying its R.C. 4123.343 application for handicap reimbursement and to enter an order awarding handicap reimbursement.

Findings of Fact:

{¶6} 1. On February 8, 2007, respondent Michael S. Hegedus ("claimant") sustained an industrial injury while employed with relator, a state-fund employer. The industrial claim (No. 07-309640) is allowed for "sprain left shoulder/arm NOS; tear left rotator cuff."

{¶7} 2. By letter dated July 29, 2009, relator applied for handicap reimbursement with the Ohio Bureau of Workers' Compensation ("bureau"). The application was filed September 8, 2009.

{¶8} 3. In support of the application, relator submitted a three-page narrative report dated August 12, 2009 from Mark Berkowitz, M.D. The report states:

At your request I have done a medical record review on the above-named Claimant, Michael Hegedus in order to determine in percentage terms the extent of the Claimant's handicap due to pre-existing arthritic, diabetic, and cardiac conditions[.]

The Claimant was employed as a "burner" with the employer when he sustained an injury to his left shoulder on 2/8/07[.] On that date he was getting into position to use a torch to cut part of a "dome," he tripped over a piece of scrap, and fell to the ground on his left arm[.]

The Claimant subsequently filed a BWC claim which has been approved for the allowed conditions of tear of the left rotator cuff and a sprain of the left shoulder and arm[.]

I have reviewed the extensive medical records provided to me[.] I accept the clinical findings of the treating physicians but not necessarily their findings[.] I will now give my expert medical opinion based upon a reasonable ...


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