Average Weekly Wage Cases: Special Circumstances
(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.
Special
circumstances provision justified recalculating average weekly wage of
worker who suffered occupational disease in 1971, but kept working
until his occupational disease caused him to be permanently and totally
disabled in 1990. Note: This decision has been overruled by State, ex rel. Stevens v. Indus. Comm. (7/19/06).
Vote: 7-0
Opinion by: Per Curiam
Commission
properly applied special circumstances provision of R.C. 4123.61
to recalculate average weekly wage of worker who was injured shortly
after she began working full-time.
Vote: 7-0
Opinion by: Lanzinger
Special
circumstances provision of R.C. 4123.61 does not justify recalculating
the average weekly wage for an injured worker who continues to work
after injury and whose wages have increased over time.
Vote: 5-2
Opinion by: Per Curiam
Injured at Work?
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