Smith v. Industrial Commission

The within controversy concerns the manner in which the commission calculated appellant’s average weekly wage for the year preceding the injury. R.C. 4123.61 provides in relevant part:

“* * * In ascertaining the average weekly wage for the year previous to the injury, or the date the disability due to the occupational disease begins any period of unemployment due to sickness, industrial depression, strike, lockout, or other cause beyond the employee’s control shall be eliminated.

“In cases where there are special circumstances under which the average weekly wage cannot justly be determined by…