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STATE EX REL. GILLETTE v. INDUS. COMM.

No. 01-652.

95 Ohio St.3d 20 (2002)

THE STATE EX REL. GILLETTE, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided April 3, 2002.

Attorney(s) appearing for the Case

Agee, Clymer, Mitchell & Laret, C. Russell Canestraro and Gregory Mitchell, for appellant

Betty D. Montgomery, Attorney General; Lee M. Smith & Associates Co., L.P.A., Lee M. Smith and Jetta Mencer, Special Counsel, for appellee Ross Correctional Institution.

Betty D. Montgomery, Attorney General, and Thomas L. Reitz, Assistant Attorney General, for appellee Industrial Commission.

Per Curiam.

Appellant-claimant, Glenn R. Gillette, injured his knee on September 10, 1990 while working as a food service worker for appellee Ross Correctional Institution. A workers' compensation claim was allowed, and claimant's average weekly wage ("AWW") was set at $379.20 based on earnings for the year prior to injury.

Claimant had surgery on September 24, 1990. He was unable to return to his former position of employment and was paid...

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