State ex rel. Wal-Mart Stores, Inc., Relator,
Industrial Commission of Ohio et al., Respondents.
& Associates, LLC, Shane M. Dawson, and Jared L. Buker,
Yost, Attorney General, and Natalie J. Tackett, for
respondent Industrial Commission of Ohio.
1} Relator, Wal-Mart Stores, Inc., has filed an
original action requesting this court issue a writ of
mandamus ordering respondent, Industrial Commission of Ohio
("commission") to: (1) vacate its order denying
relator's request to suspend the claim of respondent,
Bradley Dillon ("claimant"), pursuant to R.C.
4123.651(C), (2) vacate its order in which the commission
refused to exercise its continuing jurisdiction over the
above order, and (3) order the commission to suspend
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 of this court who issued the appended decision,
including findings of facts and conclusions of law. In that
decision, the magistrate recommended this court deny
relator's request for a writ of mandamus on the basis the
commission did not abuse its discretion in finding
relator's medical release was not substantially similar
to that provided by the Ohio Bureau of Workers'
Compensation; the magistrate further concluded the commission
did not abuse its discretion in refusing to exercise its
continuing jurisdiction over the matter. No objections have
been filed to that decision.
3} Pursuant to this court's independent review,
we adopt the magistrate's decision as our own, including
the findings of fact and conclusions of law contained
therein, with the exception of the language in the
magistrate's conclusions of law regarding assumptions
arising from the fact claimant was not represented by
counsel. In accordance with the magistrate's
recommendation, relator's request for a writ of mandamus
BRUNNER and NELSON, JJ., concur.
on March 13, 2019
STEPHANIE BISCA MAGISTRATE JUDGE.
4} Relator, Wal-Mart Stores, Inc., has filed this
original action requesting this court issue a writ of
mandamus ordering respondent Industrial Commission of Ohio
("commission") to (1) vacate its order denying
relator's request to suspend the claim of respondent
Bradley Dillon ("claimant") pursuant to R.C.
4123.651(C), (2) to vacate its order wherein the commission
refused to exercise continuing jurisdiction over the
aforementioned order, and (3) order the commission to suspend
5} 1. According to claimant, he sustained a
work-related injury on June 9, 2016 while working for
relator. Claimant asserts that, while reinstalling a ceiling
tile, a small piece of insulation fell into his left eye.
6} 2. On March 16, 2017, relator sent a letter to
claimant requesting he sign enclosed medical authorization
forms and provide the names and addresses of any medical
providers who had examined him since January 2004.
Specifically, that request provides:
The law firm of Dawson & Myers, LLC represents the
above-designated employer in all matters relating to the
workers' compensation claim referenced above. Enclosed
are medical authorizations which we ask you sign and return
to us, authorizing us to obtain complete copies of the
records from Groveport Occupational Health, Eye Specialists,
Inc., Dr. Daryl Kaswinkel, M.D., and Diley Ridge Medical
Center. Also, we are including an Identification of Medical
Providers form, and we ask that you provide us with the names
and addresses of any physicians, chiropractors, hospitals,
clinics, therapists or other medical providers who have
examined and/or treated you for the period January 1,
2004, through the present for any issues involving your
eyes. Finally, enclosed are blank authorizations which we ask
you to sign and date only.
Please return the releases and provider disclosure forms by
March 30, 2017. Thank you for your prompt attention to this
provided the following release for claimant to sign and
This will authorize you to permit Dawson & Myers, LLC or
its duly authorized representative, to examine and make
copies of my case records, inpatient and outpatient hospital
or clinic medical records, any medical records relating to
counseling, treatments and surgeries which you have rendered
to me, at any time, including, but not limited to, emergency
room records, histories, health history questionnaires,
findings, nurses notes, rehabilitation records, x-ray films,
x-ray readings and diagnosis, office notes, progress notes,
reports, all diagnostic tests results and reports, all
correspondence between physicians or attorneys or any other
records in your custody or control.
The authorization to release medical information shall remain
in effect for one year. However, I understand that I have the
right to revoke this authorization at any time by providing
written notice of such revocation to the employer or
employer's representative. My decision to revoke this
authorization will be effective, except in the case that any
provider referenced above has relied on my authorization and
release of information.
I understand the providers) referenced above may not make my
completing and signing this authorization a condition of my
I understand the parties I am authorizing the release of
information to are exempt from the federal privacy
requirements of the Health Insurance Portability and
Accountability Act of 1996 (HIPPA) as they administer
workers' compensation programs. Information disclosed
pursuant to this authorization may be redisclosed by them and
may no longer be protected by the federal privacy