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State ex rel. Ado Staffing, Inc. v. Industrial Commission of Ohio

Court of Appeals of Ohio, Tenth District

January 23, 2018

State of Ohio ex rel. Ado Staffing, Inc., Relator,
v.
The Industrial Commission of Ohio and Julie L. Ledesma, Respondents.

         IN MANDAMUS

          On brief: Fisher & Phillips LLP, Robert M. Robenalt, and Meghan M. Delaney, for relator.

          On brief: Michael DeWine, Attorney General, and John Smart, for respondent Industrial Commission of Ohio.

          On brief: Bridges, Jillisky & Streng, LLC, Nancy L. Jillisky, and Mark A. Stine, for respondent Julie L. Ledesma.

          DECISION

          DORRIAN, J.

         {¶ 1} In this original action, relator, Ado Staffing, Inc., requests a writ of mandamus ordering respondent Industrial Commission of Ohio ("commission") to vacate its order which awarded temporary total disability compensation to respondent Julie L. Ledesma, and order the commission find that claimant is not entitled to said compensation.

          {¶ 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 finding it to be premature as relator has already filed a notice of appeal in the Union County Court of Common Pleas pursuant to R.C. 4123.512.

         {¶ 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.

          BROWN, P. J, and TYACK, J, concur.

          APPENDIX

          Rendered on August 25, 2017

         MAGISTRATE'S DECISION

          STEPHANIE BISCA, MAGISTRATE JUDGE

         {¶ 5} Relator, Ado Staffing, Inc., has filed this original action requesting this court issue a writ of mandamus ordering respondent Industrial Commission of Ohio ("commission") to vacate its order which awarded temporary total disability ("TTD") compensation to respondent, Julie L. Ledesma ("claimant"), and ordering the commission to find that she is not entitled to that compensation.

         Findings ...


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