State ex rel. Stevens v. Industrial Commission

{¶ 15} I dissent from the majority’s decision to overrule State ex rel. Lemke v. Brush Wellman, Inc. (1998), 84 Ohio St.3d 161, 702 N.E.2d 420, and State ex rel. Price v. Cent. Servs., Inc., 97 Ohio St.3d 245, 2002-Ohio-6397, 779 N.E.2d 195. Those cases properly reflect the underlying objective of the “special circumstances” provision in R.C. 4123.61, which is to reach a just determination of an employee’s probable future earning capacity.

{¶ 16} Contrary to the majority’s assertions, Lemke and Price do not require a readjustment of the average weekly wage as originally set whenever there is *36ev…