STATE EX REL. BAKER v. INDUS. COMM.

No. 98-459.

86 Ohio St.3d 575 (1999)

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

Supreme Court of Ohio.

Decided September 22, 1999.


Attorney(s) appearing for the Case

Phillip J. Fulton & Associates and William A. Thorman III, for appellant.

Betty D. Montgomery, Attorney General, and Craigg E. Gould, Assistant Attorney General, for appellee.


Per Curiam.

AWW is calculated by dividing a claimant's earnings in the year prior to injury by fifty-two. R.C. 4123.61. Claimant asserts that the commission abused its discretion in excluding his alleged Pizza Hut earnings from his preinjury total earnings. We disagree. Claimant waited almost ten years before alleging that he had other income in the year prior to injury. He produced no evidence to corroborate these earnings. He also had two opportunities...

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