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STATE EX REL. THOMPSON v. OHIO EDISON CO.

No. 96-1715.

85 Ohio St.3d 290 (1999)

THE STATE EX REL. THOMPSON, APPELLANT, v. OHIO EDISON COMPANY ET AL., APPELLEES.

Supreme Court of Ohio.

Decided April 7, 1999.

Attorney(s) appearing for the Case

Shapiro, Kendis & Associates Co., L.P.A., and Rachel B. Jaffy, for appellant.

Betty D. Montgomery, Attorney General, and Gerald H. Waterman, Assistant Attorney General, for appellees Industrial Commission and Bureau of Workers' Compensation.

Roderick, Myers & Linton, Robert F. Linton and Matthew W. Oby, for appellee Ohio Edison Company.

Stewart Jaffy & Associates Co., L.P.A., Stewart R. Jaffy and Marc J. Jaffy, urging reversal for amicus curiae, Ohio Academy of Trial Lawyers.

Per Curiam.

One question is before us: Is the rate of death benefits so substantially unjust as to merit a departure from R.C. 4123.61's standard AWW formula because "special circumstances" are found to exist? Upon review, we answer that question in the negative.

Death benefits are set at sixty-six and two-thirds percent of the decedent's AWW, subject to a statewide maximum and minimum. R.C. 4123.59. In an

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