Average Weekly Wage Cases: Miscellaneous (Supreme Court)

Ohio Workers’ Compensation Decisions
(Supreme Court)

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.

Baker, State ex rel. v. Indus. Comm. (9/22/99)

Commission did not abuse its discretion refusing to recalculate average weekly wage where claimant waited almost ten years to allege that he had other income in the year before his injury and provided no evidence to support the allegation.

Vote: 7-0
Opinion by: Per Curiam

Baker Concrete Constr. , Inc., State ex rel. v. Indus. Comm. (5/12/04)

Commission must consider intent of worker in determining whether to exclude seasonal unemployment from average weekly wage calculation. Average weekly wage is adjusted for periods of unemployment beyond a claimant’s control but is not adjusted if seasonal unemployment exists because claimant made lifestyle choice.

Vote: 7-0
Opinion by: Per Curiam

Warner, State ex rel. v. Indus. Comm. (3/22/12)

Commission should exclude weeks of unemployment beyond injured worker’s control from average weekly wage calculation rather than adding amounts of unemployment compensation benefits received to wages.

Vote: 7-0
Opinion by: Per Curiam

Washington, State ex rel. v. Indus. Comm. (12/27/06)

Res judicata bars second motion to increase average weekly wage where issues argued in second motion could have been raised at time of first motion to recalculate.

Vote: 7-0
Opinion by: Per Curiam