Average Weekly Wage Cases: Basis of Computation

(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.

FedEx Ground Package Sys., Inc., State ex rel. v. Indus. Comm. (6/8/10)

Commission properly included wages from the two jobs the injured worker held before the injury when calculating the average weekly wage upon which compensation for the injury is paid.

Vote: 5-0
Opinion by: Per Curiam

Gillette, State ex rel. v. Indus. Comm. (4/3/02)

Average weekly wage for injured worker is properly based on the wages for the year before injury.

Vote: 7-0
Opinion by: Per Curiam

McDulin, State ex rel. v. Indus. Comm. (8/9/00)

Average weekly wage calculation is based on wages and earnings, not income. Therefore, Commission was not required to include amounts reimbursed by employer for lodging, meals, tool and trucking expenses where evidence did not indicate that these amounts were part of the wage package provided to the injured worker by the employer.

Vote: 6-1
Opinion by: Per Curiam

Common Ohio Workers' Compensation Terms Explained

Injured at Work?

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