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STATE EX REL. v. INDUS. COMM.

No. 2005-1105.

110 Ohio St.3d 32 (2006)

2006-Ohio-3456

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

Supreme Court of Ohio.

Decided July 19, 2006.

Attorney(s) appearing for the Case

Portman, Foley & Flint, L.L.P., and Frederic A. Portman, for appellant.

James Petro, Attorney General, and Dennis L. Hufstader, Assistant Attorney General, for appellee Industrial Commission.

Per Curiam.

{¶ 1} We are once again asked to consider whether a natural increase in earnings over the course of time is a "special circumstance" under R.C. 4123.61 that is sufficient to justify recalculation of an individual's average weekly wage. We hold that it is not, and in so doing, overrule both State ex rel. Lemke v. Brush Wellman, Inc. (1998), 84 Ohio St.3d 161

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