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State ex rel. Daily Services LLC v. Industrial Commission of Ohio and Darion Stanford

Court of Appeals of Ohio, Tenth District

May 11, 2017

The State ex rel. Daily Services, LLC, dba Iforce, Relator,
v.
Industrial Commission of Ohio and Darion Stanford, Respondents.

          Pickrel Schaeffer & Ebeling, and Michele L. King, for relator.

          F. Christopher Oehl, for respondent Darion Stanford.

          Michael DeWine, Attorney General, and Lisa R. Miller, for respondent Industrial Commission of Ohio.

         IN MANDAMUS

          DECISION

          TYACK, P.J.

         {¶ 1} Daily Services, LLC, dba Iforce, filed this action in mandamus seeking a writ to compel the Industrial Commission of Ohio to overturn its order granting payment for rotator cuff repair surgery and related treatment.

         {¶ 2} In accord with Loc.R. 13(M) of the Tenth District Court of Appeals, the case was referred to a magistrate to conduct appropriate proceedings.

         {¶ 3} The parties stipulated the pertinent evidence and filed briefs. The magistrate, in turn, issued a magistrate's decision, appended hereto, which contains detailed findings of fact and conclusions of law. The magistrate's decision contains a recommendation that we deny the request for a writ of mandamus.

         {¶ 4} No party has filed objections to the magistrate's decision.

         {¶ 5} After careful review, we find no error of law or fact 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 denied.

          SADLER and DORRIAN, JJ., concur.

         APPENDIX

         Rendered on February 22, 2017

         IN MANDAMUS

         MAGISTRATE'S DECISION

          STEPHANIE BISCA MAGISTRATE

         {¶ 6} Relator, Daily Services, LLC, dba IForce, 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 authorized a second rotator cuff repair surgery, including preoperative testing and postoperative physical therapy as requested by Darion Stanford ("claimant"), and ordering the commission to find that claimant had an intervening injury to his right shoulder which broke the chain of causation.

         Findings of Fact:

         {¶ 7} 1. Claimant sustained a work-related injury on October 16, 2013, and his workers' compensation claim has been allowed for the following conditions: "lumbosacral contusion; right shoulder sprain; right upper arm sprain; right shoulder contusion; right upper arm contusion, tear supraspinatus, right; tear subscapularis, right."

         {¶ 8} 2. An MRI taken April 29, 2014 revealed the following:

[One] Full thickness supraspinatus tendon tear anterior leading edge of the tendon in the parafootprint location.
[Two] Chronic appearing attenuation involving portions of the mid to posterior supraspinatus tendon critical zone fibers with component of partial thickness tear.
[Three] Articular sided fraying of the subscapularis tendon with subtle low grade partial intrasubstance tear of the superior tendon.

         {¶ 9} 3. On July 15, 2015, Michael S. Knapic, D.O., performed arthroscopic surgery on claimant's right ...


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