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State ex Rel. Lewis v. Formica Corporation

Court of Appeals of Ohio, Tenth District
Dec 7, 1999
No. 99AP-40 (Ohio Ct. App. Dec. 7, 1999)

Opinion

No. 99AP-40.

Rendered on December 7, 1999.

ON OBJECTION TO THE MAGISTRATE'S DECISION IN MANDAMUS

Young, Reverman Napier Co., L.P.A., Martin M. Young and Stephen S. Mazzei, for relator.

Thompson, Hine Flory, LLP, Edna Scheuer and Lisa L. Dean, for respondent Formica Corporation.

Betty D. Montgomery, Attorney General, and Thomas W. Atzberger, for respondents Industrial Commission of Ohio and Administrator, Bureau of Workers' Compensation.


MEMORANDUM DECISION

Relator, Brenston Lewis, 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 issue an order granting such compensation, or, in the alternative, an order that complies with State ex rel. Noll v. Indus. Comm. (1991), 57 Ohio St.3d 203, and State ex rel. Stephenson v. Indus. Comm. (1987), 31 Ohio St.3d 167.

This court referred the matter to a magistrate, pursuant to Civ.R. 53(C) and Loc.R. 12(M) of the Tenth District Court of Appeals, who issued a decision, including findings of fact and conclusions of law. The magistrate concluded that the commission's decision was supported by some evidence and provided an adequate explanation of the commission's rationale, and that the requested writ should be denied.

Relator filed an objection 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 objection is overruled.

Following 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 conclusions of law contained in it. In accordance with the decision of the magistrate, the requested writ is denied.

Objection overruled; writ of mandamus denied.

TYACK and BROWN, JJ., concur.


Summaries of

State ex Rel. Lewis v. Formica Corporation

Court of Appeals of Ohio, Tenth District
Dec 7, 1999
No. 99AP-40 (Ohio Ct. App. Dec. 7, 1999)
Case details for

State ex Rel. Lewis v. Formica Corporation

Case Details

Full title:State of Ohio ex rel. Brenston Lewis, Relator, v. Formica Corporation, C…

Court:Court of Appeals of Ohio, Tenth District

Date published: Dec 7, 1999

Citations

No. 99AP-40 (Ohio Ct. App. Dec. 7, 1999)