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STATE EX REL. DRONE v. INDUS. COMM.

No. 00-911.

93 Ohio St.3d 151 (2001)

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

Supreme Court of Ohio.

Decided September 5, 2001.

Attorney(s) appearing for the Case

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

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

Per Curiam.

The average weekly wage ("AWW") of appellee-claimant, Evelyn Drone, was set by appellant, Bureau of Workers' Compensation ("BWC"), at $138.96. On September 1, 1998, the BWC discovered an error in its calculation. On December 18, 1998, it notified claimant that:

"The average weekly wage was incorrectly calculated resulting in an underpayment in your claim. Your corrected average weekly wage is $174.08. BWC will issue a payment...

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