Average Weekly Wage Cases: Miscellaneous (Court of Appeals)

Ohio Workers’ Compensation Decisions
(Court of Appeals)

Average Weekly Wage: Miscellaneous

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.

Beck, State ex rel. v. Indus. Comm. (12/19/06)

Work relief employees entitled to have average weekly wage calculated in similar manner to other employees; statute providing for lesser amount has been declared unconstitutional by Supreme Court.

Vote: 3-0
Opinion by: Judge Brown
Appellate District: 10

Howard, State ex rel. v. Indus. Comm. (10/30/08)

Commission has discretion to adjust average weekly wage after order setting average weekly wage when order contained language indicating that issue could be reconsidered upon submission of further evidence, however the facts of this case do not constitute special circumstances which would justify recalculating the average weekly wage.

Vote: 3-0
Opinion by: Judge Brown
Appellate District: 10

Major, State ex rel. v. Indus. Comm. (5/7/02)

Caregiver had worked for long period of time earning minimum wage. Work done by caregiver for single patient for brief period of time prior to injury does not provide an indication of income that claimant would have received if not injured that requires adjustment of average weekly wage.

Vote: 3-0
Opinion by: Judge Deshler
Appellate District: 10

Warner, State ex rel. v. Indus. Comm. (6/3/10)

Commission improperly failed to consider payment of unemployment compensation when calculating average weekly wage; Commission also improperly failed to consider payment of unemployment compensation as proof that period of unemployment was period beyond injured worker’s control which should be excluded from average weekly wage calculation.

Vote: 3-0
Opinion by: Judge Tyack
Appellate District: 10

Witt, State ex rel. v. Indus. Comm. (2/16/17)

BWC has continuing jurisdiction to correct an error in the AWW (and FWW) calculation, and is not required to file a motion to have the Industrial Commission correct the error.

Vote: 3-0
Opinion by: Judge Brown
Appellate District:
 10