STATE EX REL. JUSTICE v. DAIRY MART INC.

No. 00-2147.

94 Ohio St.3d 34 (2002)

THE STATE EX REL. JUSTICE, APPELLANT, v. DAIRY MART, INC. ET AL., APPELLEES.

Supreme Court of Ohio.

Decided January 9, 2002.


Attorney(s) appearing for the Case

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

Hanna, Campbell & Powell and Lori A. Fricke, for appellee Dairy Mart, Inc.

Betty D. Montgomery, Attorney General, and Jacob Dobres, Assistant Attorney General, for appellee Industrial Commission.


Per Curiam.

Claimant-appellant David Justice was injured on June 14, 1986, while employed as a clerk for appellee Dairy Mart in Cleveland. His average weekly wage ("AWW") was set, and compensation and benefits followed.

In 1998, claimant moved appellee Industrial Commission of Ohio to adjust his AWW to $265.27, claiming that wages that he had received from other jobs in the year prior to injury had not been included in the calculation....

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