STATE EX REL. KING v. INDUS. COMM.

No. 2002-0592.

99 Ohio St.3d 85 (2003)

2003-Ohio-2451

THE STATE EX REL. KING, APPELLANT AND CROSS-APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE AND CROSS-APPELLANT, et al.

Supreme Court of Ohio.

Decided May 16, 2003.


Attorney(s) appearing for the Case

Butler, Cincione & DiCuccio and Matthew P. Cincione, for appellant and cross-appellee.

Jim Petro, Attorney General, and Gerald H. Waterman, Assistant Attorney General, for appellee and cross-appellant.


COOK, J.

{¶ 1} Decedent, David King, was industrially injured in 1974 and his average weekly wage ("AWW") was set at $434.92. A declaration of permanent total disability ("PTD") followed. Thereafter he received PTD benefits until his injury eventually caused his death in 2000, some 22 years later. The Bureau of Workers' Compensation allowed a death claim by the claimant, decedent's widow, and weekly payments of $289.95 (66 2/3 percent of claimant...

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