State ex rel. Tantarelli v. Decapua Ents., Inc. (Slip Opinion)

*852 I. INTRODUCTION

*258 {¶ 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 justice," as R.C. 4123.61 permits in cases of "special circumstances." The commission denied the first motion on the merits and the second on grounds of res judicata as well as on the merits. Based solely on its agreement that Tantarelli had not established special…