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STATE EX REL. LEMKE v. BRUSH WELLMAN, INC.

No. 96-1353.

84 Ohio St.3d 161 (1998)

THE STATE EX REL. LEMKE, APPELLEE, v. BRUSH WELLMAN, INC.; INDUSTRIAL COMMISSION OF OHIO, APPELLANT.

Supreme Court of Ohio.

Decided December 16, 1998.

Attorney(s) appearing for the Case

Calhoun, Benzin, Kademenos & Heichel Co., L.P.A., and Philip J. Gauer, for appellee.

Betty D. Montgomery, Attorney General, and Michael A. Vanderhorst, Assistant Attorney General, for appellant.

Stewart Jaffy & Associates Co., L.P.A., Stewart R. Jaffy and Marc J. Jaffy, urging affirmance for amici curiae, AFL-CIO and Ohio Academy of Trial Lawyers.

Per Curiam.

Under R.C. 4123.61, permanent total disability compensation ("PTD") for an occupational disease must be based on the employee's average weekly wage ("AWW") for the year before the disability began, unless "special circumstances" justify another basis. Appellant, Industrial Commission of Ohio, calculated appellee Galen Lemke's PTD based on his AWW in 1969, the year before he was diagnosed with berylliosis. In this appeal as of right...

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