State ex rel. Justice v. Dairy Mart, Inc.

Claimant-appellant David Justice was injured on June 14, 1986, while employed as a clerk for appellee Dairy Mart in Cleveland. His average weekly wage (“AWW”) was set, and compensation and benefits followed..

In 1998, claimant moved appellee Industrial Commission of Ohio to adjust his AWW to $265.27, claiming that wages that he had received from other jobs in the year prior to injury had not been included in the calculation. The commission granted the motion and raised claimant’s AWW to $258.96.

Pursuant to R.C. 4123.52, claimant’s rate of compensation was readjusted back to December 31, 1996 —…