Rose v. Indus. Comm., 06ap-529 (4-17-2007)

DECISION

IN MANDAMUS ON OBJECTIONS TO THE MAGISTRATE'S DECISION.

{¶ 1} Delmer Rose filed this action in mandamus, seeking a writ which compels the Industrial Commission of Ohio ("commission") to vacate its order denying him permanent total disability ("PTD") compensation and which compels the commission to enter a new order granting him PTD compensation.

{¶ 2} In accord with the local rules, the case was referred to a magistrate to conduct appropriate proceedings. The parties stipulated to pertinent evidence and filed briefs. The magistrate then issued a magistrate's decision which contains…