Average Weekly Wage Cases: Miscellaneous
(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.
Commission
did not abuse its discretion refusing to recalculate average weekly
wage where claimant waited almost ten years to allege that he had other
income in the year before his injury and provided no evidence to
support the allegation.
Vote: 7-0
Opinion by: Per Curiam
Commission
must consider intent of worker in determining whether to exclude
seasonal unemployment from average weekly wage calculation. Average
weekly wage is adjusted for periods of unemployment beyond a claimant's
control but is not adjusted if seasonal unemployment exists because
claimant made lifestyle choice.
Vote: 7-0
Opinion by: Per Curiam
Res judicata
bars second motion to increase average weekly wage where issues argued
in second motion could have been raised at time of first motion to
recalculate.
Vote: 7-0
Opinion by: Per Curiam
Injured at Work?
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