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Average
Weekly Wage
Under R.C. 4123.61, the Average Weekly Wage
(A.W.W. or AWW) is the basis of compensation payments, except for the
first twelve weeks of temporary total. The average weekly wage is
determined by dividing the injured worker's total earnings for the year
before the injury by 52 weeks. There is a statewide maximum average
weekly wage which cannot be exceeded. In certain situations, the
average weekly wage may be recalculated due to special circumstances.
For summaries of average weekly wage decisions by Ohio
Courts, with links to the cases,click
here.
Other information:
- Court: The Supreme Court has determined that the "special circumstances"
provision of R.C. 4123.61 does not apply to increase the average weekly
wage of an injured worker worked for 15 years after the initial injury
before dying because of that injury. In its ruling, the Supreme Court
overruled its previous decision in State ex rel. Lemke v. Brush Wellman, Inc. (1998), 84 Ohio St.3d 161. (August, 2006)
- Court: Supreme
Court finds that average weekly wage should be recalculated due to
special circumstances in Lemke case involving 1970
occupational disease which caused disability in 1990. (January,
1999)
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