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State ex rel. McGurr v. Industrial Commission of Ohio and Time Warner Cable, Inc.

Court of Appeals of Ohio, Tenth District

May 23, 2017

State of Ohio ex rel. James M. McGurr, Relator,
v.
The Industrial Commission of Ohio and Time Warner Cable, Inc., Respondents.

         IN MANDAMUS

          On brief: Leah VanderKaay, and Robert C. Ochs, for relator.

          On brief: Michael DeWine, Attorney General, and LaTawnda N. Moore, for respondent Industrial Commission of Ohio.

          DECISION

          DORRIAN, J.

         {¶ 1} In this original action, relator, James M. McGurr, requests a writ of mandamus ordering respondent Industrial Commission of Ohio ("commission") to vacate the January 21, 2016 order of its staff hearing officer which denied relator's June 26, 2015 motion for reimbursement from the self-insured employer, respondent, Time Warner Cable, Inc. for relator's out-of-pocket costs for the dispensing of the prescription drug Xaralto on five occasions during the period beginning two years prior to the date of relator's motion.

         {¶ 2} Pursuant to Civ.R. 53 and Loc.R. 13(M) of the Tenth District Court of Appeals, this matter was referred to a magistrate who issued a decision, including findings of fact and conclusions of law, which is appended hereto. The magistrate recommends that this court deny relator's request for a writ of mandamus.

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

         {¶ 4} No error of law or other defect is evident on the face of the magistrate's decision. Therefore, we adopt the findings of fact and conclusions of law contained therein. Accordingly, relator's request for a writ of mandamus is denied.

         Writ of mandamus denied.

          TYACK, P.J., and SADLER, J., concur.

         APPENDIX

         Rendered on February 7, 2017

         IN MANDAMUS

         MAGISTRATE'S DECISION

          KENNETH W. MACKE, MAGISTRATE

         {¶ 5} In this original action, relator, James M. McGurr, requests a writ of mandamus ordering respondent Industrial Commission of Ohio ("commission") to vacate the January 21, 2016 order of its staff hearing officer ("SHO") that denied relator's June 26, 2015 motion for reimbursement from the self-insured employer for relator's out-of-pocket costs for the dispensing of the prescription drug Xarelto on five occasions during the period beginning two years prior to the date of relator's motion.

          {¶ 6} 1. On May 24, 1986, relator sustained an industrial injury while employed as an "installer" for respondent, Time Warner Cable, Inc., a self-insured employer under Ohio's workers' compensation laws.

         {¶ 7} 2. The industrial claim (No. 916690-22) is allowed for:

Multiple rib fractures; fractured transverse process L3, L4, L5; aggravation of pre-existing lumbar spondylolisthesis; gout; laceration right upper arm; pulmonary embolism.

         Dr. Shoemaker's Medical Records

         {¶ 8} 3. Relator was treated by Kathleen Shoemaker, D.O., from June 2, 2011 through July 15, 2013. Eighty pages of office notes generated by multiple office visits are contained in the stipulated record. During the period of her treatment of relator, Dr. Shoemaker was employed by Pioneer Physicians Network.

         {¶ 9} 4. The record contains a seven-page office note that was generated by an April 4, 2013 office visit. At that office visit, Dr. Shoemaker stopped the prescription of ...


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