STATE, EX REL. PICKREL, v. INDUS. COMM.

No. 88-671.

43 Ohio St. 3d 128 (1989)

THE STATE, EX REL. PICKREL, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided June 7, 1989.


Attorney(s) appearing for the Case

James E. Buchan, Jr., for appellant.

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


MOYER, C.J.

Appellant claims an automatic entitlement to an award equal to the statewide average weekly wage at the time of her husband's death. We disagree with appellant's interpretation of R.C. 4123.59(B) and hereby affirm the judgment of the court of appeals.

R.C. 4123.59(B) establishes that weekly death benefits to wholly dependent persons "shall be sixty-six and two-thirds per cent of the average weekly wage * * *," subject to a statutory maximum and...

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