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STATE EX REL. v. C.R. O'NEIL

No. 2006-1572.

116 Ohio St.3d 22 (2007)

2007-Ohio-5504

THE STATE EX REL. POWELL, APPELLANT, v. C.R. O'NEIL & COMPANY; INDUSTRIAL COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided October 23, 2007.

Attorney(s) appearing for the Case

David Lancione, L.L.C., and David Lancione, for appellant.

Marc Dann, Attorney General, and Gerald H. Waterman, Assistant Attorney General, for appellee.

Per Curiam.

{¶ 1} At issue are the calculated amounts of appellant Delbert Gene Powell's full weekly wage and average weekly wage. Powell was injured on the job on September 30, 2000. After his workers' compensation claim was allowed, Powell moved appellee, Industrial Commission of Ohio, to set his full weekly wage at $848.26 and his average weekly wage at $869.18. In support, Powell submitted his IRS 1099 forms for 1999 and 2000.

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