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

No. 90-105.

58 Ohio St. 3d 100 (1991)

THE STATE, EX REL. TRUSLOW, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided March 20, 1991.


Attorney(s) appearing for the Case

Elliott, Heller & Maas Co., L.P.A., Rush E. Elliott and Richard L. McGill; Stewart Jaffy & Associates Co., L.P.A., and Stewart R. Jaffy, for appellant.

Lee I. Fisher, attorney general, Michael L. Squillace and Peter E. DeMarco, for appellee Industrial Commission.

Henderson, Covington, Stein, Donchess & Messenger and Christopher J. Newman, for appellee Austintown Township Trustees.


Per Curiam.

We are asked to review the commission's calculation of decedent's average weekly wage. For the reasons to follow, we find that the wage was properly set.

R.C. 4123.59 states:

"In case an injury * * * to an employee causes his death, benefits shall be in the amount and to the persons following:

"* * *

"(B) If there are wholly dependent persons * * *, the weekly payment shall be sixty-six and two-thirds percent of the...

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