Average Weekly Wage Cases: Special Circumstances (Court of Appeals)

Ohio Workers’ Compensation Decisions
(Court of Appeals)

Average Weekly Wage: Special Circumstances

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.

DPWN Holdings (USA) Inc., State ex rel. v. Indus. Comm., 2017-Ohio-8148 (10/10/17)

Some evidence supported Commission decision that special circumstances justified excluding period of unemployment from AWW calculation.

Vote: 3-0
Opinion by: Luper Schuster
Appellate District: 10

Huff, State ex rel. v. Group Mgt. Servs. (12/2/08)

Fact that injury occurred shortly after worker returned to job market after staying home with her children justified application of special circumstances provision to recalculate average weekly wage.

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

Kidwell, State ex rel. v. Indus. Comm. (8/26/03)

Time claimant voluntarily spent not working in order to remodel a house does not constitute special circumstances which justify recalculating average weekly wage.

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