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STATE EX REL. OHIO STATE UNIVERSITY HOSPITAL v. INDUS. COMM.

No. 2007-0881.

118 Ohio St.3d 170 (2008)

2008-Ohio-1969

THE STATE EX REL. OHIO STATE UNIVERSITY HOSPITAL, Appellant, v. INDUSTRIAL COMMISSION OF OHIO ET AL., Appellees.

Supreme Court of Ohio.

Decided April 30, 2008.

Attorney(s) appearing for the Case

Kegler, Brown, Hill & Ritter Co., L.P.A., Randall W. Mikes, and Katherine Connor Ferguson, for appellant.

Michael J. Muldoon, for appellee Melissa Burns.

Marc Dann, Attorney General, and Kevin J. Reis, Assistant Attorney General, for appellee Industrial Commission.

LANZINGER, J.

{¶ 1} In this case, we affirm appellee Industrial Commission of Ohio's use of the "special circumstances" provision of R.C. 4123.61 to determine the calculation of appellee Melissa D. Burns's average weekly wage.

{¶ 2} After graduation in June 2003 from a program in radiology technology at Wheeling Hospital, Burns began working full time at the Ohio...

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