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STATE EX REL. McDULIN v. INDUS. COMM.

No. 98-1593.

89 Ohio St.3d 390 (2000)

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

Supreme Court of Ohio.

Decided August 9, 2000.

Attorney(s) appearing for the Case

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

Betty D. Montgomery, Attorney General, and Gerald H. Waterman, Assistant Attorney General, for appellee.

Per Curiam.

"The average weekly wage of an injured employee at the time of the injury or at the time disability due to the occupational disease begins is the basis upon which to compute benefits." R.C. 4123.61.

The "standard formula for establishing [average weekly wage] is to divide claimant's earnings for the year preceding injury by fifty-two weeks." State ex rel. Clark v. Indus. Comm. (1994), 69 Ohio St.3d...

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