Legal Opinion

State ex rel. McDulin v. Industrial Commission

Ohio Supreme Court

Decided August 9, 2000No. 98-1593PublishedCited by 10 opinions

1Per curiam

“The average weekly wage of an injured employee at the time of the injury or at the time disability due to the occupational disease begins is the basis upon which to compute benefits.” R.C. 4123.61.

The “standard formula for establishing [average weekly wage] is to divide claimant’s earnings for the year preceding injury by fifty-two weeks.” State ex rel. Clark v. Indus. Comm. (1994), 69 Ohio St.3d 563, 565, 634 N.E.2d 1014, 1016. *392Claimant asks us to substitute the term “income” for the terms “wage” and “earnings.” In so doing, claimant seeks to include the amount of “miscellaneous income” —…

2Cases cited2 opinions

  1. Carrel v. Allied Products Corp.Ohio Supreme Court · 1997
  2. State ex rel. Clark v. Industrial CommissionOhio Supreme Court · 1994

3Cited by10 opinions

  1. State ex rel. Turner v. EberlinOhio Supreme Court · 2008
  2. State Ex Rel. Butler Township Board of Trustees v. Montgomery County Board of CommissionersOhio Supreme Court · 2010
  3. Runions v. BurchettOhio Court of Appeals · 2018
  4. State Ex Rel. Turner v. Eberlin, 07 Be 6 (9-20-2007)Ohio Court of Appeals · 2007
  5. State ex rel. Gunter v. Indus. Comm.Ohio Court of Appeals · 2017

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