STATE EX REL. WARNER v. INDUS. COMM.

No. 2010-1283.

131 Ohio St.3d 366 (2012)

2012-Ohio-1084

THE STATE EX REL. WARNER, Appellee, v. INDUSTRIAL COMMISSION OF OHIO ET AL., Appellants.

Supreme Court of Ohio.

Decided March 22, 2012.


Attorney(s) appearing for the Case

The Stocker Pitts Law Firm and Dana M. Debski , for appellee.

Michael DeWine , Attorney General, and Gerald H. Waterman , Assistant Attorney General, for appellant Industrial Commission.

Kastner, Westman & Wilkins, L.L.C., and James W. Ellis , for appellant Central Allied Enterprises, Inc.

Philip J. Fulton Law Office, Philip J. Fulton , and Chelsea J. Fulton , urging affirmance for amici curiae Ohio Association of Claimants' Counsel and Ohio Association for Justice.


Per Curiam.

{¶ 1} Appellee, Rick D. Warner, is a construction worker who has periods of unemployment each year that are the result of seasonal layoffs. After being injured at work, Warner asked appellant Industrial Commission of Ohio to establish his average weekly wage ("AWW") for the purpose of awarding future compensation. At issue is the treatment to be accorded those weeks of unemployment in calculating his AWW.

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