STATE EX REL. ANDERSONS v. INDUS. COMM.

No. 91-120.

64 Ohio St.3d 539 (1992)

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

Supreme Court of Ohio.

Decided September 2, 1992.


Attorney(s) appearing for the Case

Marshall & Melhorn and Michael S. Scalzo, for appellant.

Lee I. Fisher, Attorney General, Dennis L. Hufstader and Teresa Oglesby Mclntyre, for appellee Industrial Commission.

Gallon, Kalniz & Iorio Co., L.P.A., and Theodore A. Bowman, for appellee claimant.


Per Curiam.

Appellant challenges both the commission's award of wage loss compensation and the commission's computation of claimant's AWW. Our review reveals that the commission's order was based in part on an abuse of discretion and, accordingly, the judgment below is affirmed in part and reversed in part.

Effective August 22, 1986, R.C. 4123.56(B) states:

"Where an employee in a claim allowed...

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