JaffyLaw.com: Average Weekly Wage/Special Circumstances (Supreme Court) Cases

Rate Information
(1987 to present)

News Archives
(1996 to present)

Average Weekly Wage Cases: Special Circumstances
(Supreme Court)

To see the full text of a case on the Ohio Supreme Court's web site, click on the case name. To return to the Case Index, click here.

Lemke, State ex rel. v. Brush Wellman, Inc. (12/16/98)
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. For a more detailed summary, click here. Note: This decision has been overruled by State, ex rel. Stevens v. Indus. Comm. (7/19/06).
Vote: 7-0 Opinion by: Per Curiam

Ohio State Univ. Hosp., State ex rel. v. Indus. Comm. (4/30/08)
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

Stevens, State ex rel. v. Indus. Comm. (7/19/06)
"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