Opinion
No. 98AP-1332.
Rendered on November 30, 1999.
IN MANDAMUS ON OBJECTIONS TO MAGISTRATE'S DECISION
Fell, Marcus Koder Co., L.P.A., and George N. Fell, II, for relator.
Betty D. Montgomery, Attorney General, and Dennis H. Behm, for respondent Industrial Commission of Ohio.
Bugbee Conkle, Gregory B. Denny and Richard L. Johnson, for respondent Tecumseh Products Company.
MEMORANDUM DECISION
Relator, Nancy Schmidt, has filed this original action in mandamus requesting this court to issue a writ of mandamus ordering respondent Industrial Commission of Ohio ("commission") to vacate its order denying his application for permanent total disability compensation, and to enter a new order granting said compensation.
This court referred the matter to a magistrate, pursuant to Civ.R. 53(C) and Section (M), Loc.R. 12 of the Tenth District Court of Appeals, who rendered a decision including findings of fact and conclusions of law. The magistrate concluded that the commission's order complied with the requirements of State ex rel. Noll v. Indus Comm. (1991), 57 Ohio St.3d 203, and that the requested writ should be denied.
Relator filed objections to the decision of the magistrate essentially rearguing issues already adequately addressed in that decision. For the reasons stated in the decision of the magistrate, the objections are overruled.
Following an independent review pursuant to Civ.R. 53, we find that the magistrate has properly determined the pertinent facts and applied the salient law to them. Accordingly, we adopt the decision of the magistrate as our own, including the findings of fact and a conclusions of law contained in it. In accordance with the decision of the magistrate, the requested writ is denied.
Objections overruled; writ of mandamus denied.
KENNEDY and YOUNG, JJ., concur.
YOUNG, J., retired, of the Tenth Appellate District, assigned to active duty under the authority of Section 6(C), Article IV, Ohio Constitution.