ZUPP v. CITY OF YOUNGSTOWN FIRE DEPT.

No. 86-1998.

37 Ohio St. 3d 202 (1988)

ZUPP, APPELLANT, v. CITY OF YOUNGSTOWN FIRE DEPARTMENT ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 22, 1988.


Attorney(s) appearing for the Case

John A. Jeren, Jr., for appellant.

Edwin Romero, law director, and Cheryl L. Waite, for appellee city of Youngstown.

Anthony J. Celebrezze, Jr., attorney general, and Gerald H. Waterman, for appellee Industrial Commission.


Per Curiam.

Appellant contends that the commission improperly applied R.C. 4123.59(B) in determining her weekly death benefits. We disagree. As to wholly dependent persons, this section provides for benefit calculation as follows:

"* * * [T]he weekly payment shall be sixty-six and two-thirds per cent of the average weekly wage, but not to exceed a maximum aggregate amount of weekly compensation which is equal to sixty-six and two-thirds per cent of...

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