Average Weekly Wage Cases: Adjustment, Time Limit (Supreme Court)

Ohio Workers’ Compensation Decisions
(Supreme Court)

Average Weekly Wage: Adjustment, Time Limit

Select the case name to read the decision on the Ohio Supreme Court’s web site. For other issues, see our topic index to Ohio workers’ compensation decisions.

Cobble, State ex rel. v. Indus. Comm. (6/13/01)

Adjustment to average weekly wage limited to two years before filing of motion to correct average weekly wage where claimant had waited 10 years to file motion.

Vote: 7-0
Opinion by: Per Curiam

Drone, State ex rel. v. Indus. Comm. (9/5/01)

Where BWC discovers error in average weekly wage calculation and corrects it, two year limitation of R.C. 4123.52 does not apply. Correction must be made to amount of all compensation previously paid.

Vote: 5-1, 1 concur in judgment
Opinion by: Per Curiam

Justice, State ex rel. v. Dairy Mart, Inc. (1/9/02)

Where claimant files motion to correct average weekly wage calculation, readjustment should be applied to compensation paid for two years prior to date of motion, but not for compensation paid more than two years prior to date of motion.

Vote: 5-2
Opinion by: Per Curiam

Lunsford, State ex rel. v. Indus. Comm.s (10/17/01)

Where claimant files motion to correct average weekly wage calculation, readjustment should be applied to compensation paid for two years prior to date of motion, but not for compensation paid more than two years prior to date of motion.

Vote: 7-0
Opinion by: Per Curiam