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SMITH v. INDUS. COMM.

No. 86-21.

25 Ohio St. 3d 25 (1986)

SMITH, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided July 9, 1986.

Attorney(s) appearing for the Case

Larrimer & Larrimer and Craig Aalyson, for appellant.

Anthony J. Celebrezze, Jr., attorney general, and Dennis Hufstader, for appellee.

Per Curiam.

The within controversy concerns the manner in which the commission calculated appellant's average weekly wage for the year preceding the injury. R.C. 4123.61 provides in relevant part:

"* * * In ascertaining the average weekly wage for the year previous to the injury, or the date the disability due to the occupational disease begins any period of unemployment due to sickness, industrial depression, strike, lockout, or other cause beyond...

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