State ex rel. Stevens v. Industrial Commission

{¶ 1} We are once again asked to consider whether a natural increase in earnings over the course of time is a “special circumstance” under R.C. 4123.61 that is sufficient to justify recalculation of an individual’s average weekly wage. We hold that it is not, and in so doing, overrule both 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.

*33{¶2} Charles Stevens had a heart attack at work in 1982, and a workers’ compensation claim was allowed. His average weekly…