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TANTARELLI v. DECAPUA ENTERPRISES, INC.

No. 2017-0922.

125 N.E.3d 850 (2019)

156 Ohio St.3d 258

2019-Ohio-517

The State ex rel. TANTARELLI, Appellant, v. DECAPUA ENTERPRISES, INC., et al., Appellees.

Supreme Court of Ohio.

Decided February 14, 2019.

Attorney(s) appearing for the Case

Jurus Law Office and Michael J. Muldoon , for appellant.

M. Soto Law Office, L.L.C., and Michael Soto , for appellee Decapua Enterprises, Inc.

Dave Yost , Attorney General, and Natalie J. Tackett , Assistant Attorney General, for appellee Industrial Commission.

I. INTRODUCTION

{¶ 1} This workers' compensation case involves the calculation of appellant Anthony Tantarelli's average weekly wage ("AWW"). Tantarelli twice moved appellee Industrial Commission to dispense with the standard statutory formula and to instead calculate his AWW using a method that would do him "substantial...

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