Average Weekly Wage Cases: Adjustment, Time Limit

(Supreme Court)

Click on the case name to read the decision on the Ohio Supreme Court's web site. Decisions which adopt the decision of a lower court or Magistrate, or which decide a case based on a previous decision, are excluded.

Cobble, State ex rel. v. Indus. Comm. (6/13/01)

Adjustment to average weekly wage limited to two years before filing of motion to correct average weekly wage where claimant had waited 10 years to file motion.

Vote: 7-0
Opinion by: Per Curiam

Drone, State ex rel. v. Indus. Comm. (9/5/01)

Where BWC discovers error in average weekly wage calculation and corrects it, two year limitation of R.C. 4123.52 does not apply. Correction must be made to amount of all compensation previously paid.

Vote: 5-1, 1 concur in judgment
Opinion by: Per Curiam

Justice, State ex rel. v. Dairy Mart, Inc. (1/9/02)

Where claimant files motion to correct average weekly wage calculation, readjustment should be applied to compensation paid for two years prior to date of motion, but not for compensation paid more than two years prior to date of motion.

Vote: 5-2
Opinion by: Per Curiam

Lunsford, State ex rel. v. Indus. Comm.s (10/17/01)

Where claimant files motion to correct average weekly wage calculation, readjustment should be applied to compensation paid for two years prior to date of motion, but not for compensation paid more than two years prior to date of motion.

Vote: 7-0
Opinion by: Per Curiam

Average Weekly Wage Cases: Adjustment, Time Limit

(Supreme Court)

Cobble, State ex rel. v. Indus. Comm. (6/13/01)

Adjustment to average weekly wage limited to two years before filing of motion to correct average weekly wage where claimant had waited 10 years to file motion.

Vote: 7-0Opinion by: Per Curiam

Drone, State ex rel. v. Indus. Comm. (9/5/01)

Where BWC discovers error in average weekly wage calculation and corrects it, two year limitation of R.C. 4123.52 does not apply. Correction must be made to amount of all compensation previously paid.

Vote: 5-1, 1 concur in judgmentOpinion by: Per Curiam

Justice, State ex rel. v. Dairy Mart, Inc. (1/9/02)

Where claimant files motion to correct average weekly wage calculation, readjustment should be applied to compensation paid for two years prior to date of motion, but not for compensation paid more than two years prior to date of motion.

Vote: 5-2Opinion by: Per Curiam

Lunsford, State ex rel. v. Indus. Comm.s (10/17/01)

Where claimant files motion to correct average weekly wage calculation, readjustment should be applied to compensation paid for two years prior to date of motion, but not for compensation paid more than two years prior to date of motion.

Vote: 7-0Opinion by: Per Curiam

Injured at Work?

Vote: 7-0
Opinion by: Per Curiam

Vote: 5-1, 1 concur in judgment
Opinion by: Per Curiam

Vote: 5-2
Opinion by: Per Curiam

Vote: 7-0
Opinion by: Per Curiam