Average Weekly Wage Cases: Basis of Computation

(Court of Appeals)

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.

Cassese, State ex rel. v. Indus. Comm. (12/20/05)

Commission did not abuse its discretion by refusing to include income from profit sharing when calculating average weekly wage.

Vote: 3-0
Opinion by: Judge Klatt
Appellate District: 10

FedEx Package Sys., Inc., State ex rel. v. Indus. Comm. (4/2/09)

Commission properly calculated average weekly wage when it considered income from two jobs according to standard calculation because average weekly wage is calculated based on all earnings for the year preceding the injury and is not limited to the earnings from the job the worker was performing when injured.

Vote: 3-0
Opinion by: Judge McGrath
Appellate District: 10

Huntsville, State ex rel. v. Indus. Comm. (12/9/04)

Commission properly calculated full and average weekly wage of employee with two jobs when it considered salary from both jobs in setting the wages; claimant's settlement agreement with one employer did not require that salary from that employer be excluded from wage calculations.

Vote: 3-0
Opinion by: Judge Bryant
Appellate District: 10