Average Weekly Wage Cases: Special Circumstances (Supreme Court)

Ohio Workers’ Compensation Decisions
(Supreme Court)

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.

Lemke, State ex rel. v. Brush Wellman, Inc. (12/16/98)

Special circumstances provision justified recalculating average weekly wage of worker who suffered occupational disease in 1971, but kept working until his occupational disease caused him to be permanently and totally disabled in 1990. Note: This decision has been overruled by State, ex rel. Stevens v. Indus. Comm. (7/19/06).

Vote: 7-0
Opinion by: Per Curiam

Ohio State Univ. Hosp., State ex rel. v. Indus. Comm. (4/30/08)

Commission properly applied special circumstances provision of R.C. 4123.61 to recalculate average weekly wage of worker who was injured shortly after she began working full-time.

Vote: 7-0
Opinion by: Lanzinger

Stevens, State ex rel. v. Indus. Comm. (7/19/06)

Special circumstances provision of R.C. 4123.61 does not justify recalculating the average weekly wage for an injured worker who continues to work after injury and whose wages have increased over time.

Vote: 5-2
Opinion by: Per Curiam