State ex rel. Old Dominion Freight Line, Inc. v. Indus. Comm.
Annotate this Case
Download PDF
[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Old Dominion Freight Line, Inc. v. Indus. Comm., Slip Opinion No. 2013-Ohio4655.] NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published. SLIP OPINION NO. 2013-OHIO-4655 THE STATE EX REL. OLD DOMINION FREIGHT LINE, INC., APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Old Dominion Freight Line, Inc. v. Indus. Comm., Slip Opinion No. 2013-Ohio-4655.] Appeals Workers compensation Mandamus R.C. 2505.02 Appellate court entry remanding case to court of appeals magistrate for further review of evidence not final, appealable order Order did not determine action Appeal dismissed. (No. 2012-1193 Submitted September 10, 2013 Decided October 24, 2013.) APPEAL from the Court of Appeals for Franklin County, No. 11AP-350, 2012-Ohio-2403. _______________________ Per Curiam. {¶ 1} Appellant, Old Dominion Freight Line, Inc., filed a complaint in the Franklin County Court of Appeals for a writ of mandamus that would require SUPREME COURT OF OHIO the appellee Industrial Commission to vacate its award of permanent-totaldisability compensation to appellee Robert L. Mason. {¶ 2} A magistrate determined that the court should issue a writ ordering the commission to vacate its order granting permanent-total-disability benefits. Both Mason and the Industrial Commission filed objections to the magistrate s report. The court of appeals sustained the objections and remanded the case to the magistrate for further review of the evidence to afford Old Dominion the full review available in mandamus. Old Dominion filed a notice of appeal from the court of appeals journal entry of June 5, 2012. {¶ 3} Because the court of appeals journal entry did not determine the action, it is not a final order pursuant to R.C. 2505.02. See VIL Laser Sys., L.L.C. v. Shiloh Industries, Inc., 119 Ohio St.3d 354, 2008-Ohio-3920, 894 N.E.2d 303, ¶ 8-9. We therefore sua sponte dismiss this cause for lack of a final, appealable order. Cause dismissed. O CONNOR, C.J., and PFEIFER, O DONNELL, LANZINGER, KENNEDY, and O NEILL, JJ., concur. FRENCH, J., not participating. ___________________ Eastman & Smith, Ltd., Mark A. Shaw, and Garrett M. Cravener, for appellant. Connor, Evans & Hafenstein, L.L.P., Nicole E. Rager, and Katie W. Kimmet, for appellee Robert L. Mason. Michael DeWine, Attorney General, and Eric Tarbox, Assistant Attorney General, for appellee Industrial Commission. ___________________ 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
