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STATE EX REL. BAKER CONCRETE CONSTRUCTION, INC. v. INDUS. COMM.

No. 2003-1242.

102 Ohio St.3d 149 (2004)

2004-Ohio-2114

The State ex rel. Baker Concrete Construction, Inc., Appellee, v. Industrial Commission of Ohio; Kinsler, Appellant.

Supreme Court of Ohio.

Decided May 12, 2004.

Attorney(s) appearing for the Case

Garvin & Hickey, L.L.C., Michael J. Hickey and Sandee E.B. Reim, for appellee.

Butkovich, Schimpf, Schimpf & Ginocchio Co., L.P.A., and Stephen P. Gast, for appellant.

Per Curiam.

{¶ 1} Appellant-claimant, Edward Kinsler, was industrially injured on December 16, 1997, while employed by appellee, Baker Concrete Construction, Inc. When the time came to set claimant's average weekly wage ("AWW"), controversy arose over how to handle the 16 weeks of unemployment that followed Baker's yearly seasonal slowdown and accompanying layoffs. The claimant sought to have both the amount of unemployment compensation...

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