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 cited "some evidence" to support its award of permanent total disability compensation and provided an adequate explanation of its reasons 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.

BROWN, J., concurs.

BOWMAN, J., dissents.

Being unable to agree with the majority, I respectfully dissent.

In this court's earlier decision in State ex rel.Southern Ohio Coal Co. v. Sheridan (Dec. 16, 1997), Franklin App. No. 97APD02-190, unreported (Memorandum Decision), this court clearly found the report of Dr. Kissel to be inconsistent or contradictory and remanded the matter to the Industrial Commission for further consideration. Once this court decided Dr. Kissel's report was inconsistent, the commission could not rely on it. Further, the magistrate may not ignore this court's earlier decision and, by interpreting a decision rendered by the magistrate in this matter, come to a conclusion different from that of this court.

It is this court's decision that is binding, not the magistrate's decision or her interpretation of that decision. Inasmuch as the commission relied only on the report of Dr. Kissel, which this court has earlier found to be inconsistent or contradictory, I would sustain relator's objections and grant the requested writ of mandamus.