State ex rel. Shockley v. Industrial Commission

{¶ 4} R.C. 4123.61 states that “where there are special circumstances under which the average weekly wage cannot justly be determined by applying this section, the administrator * * * shall use such method as will enable the administrator to do substantial justice to the claimants.” Despite R.C. 4123.95, which provides that R.C. 4123.61 “shall be liberally construed in favor of employees,” this court recently narrowly construed R.C. 4123.61 as prohibiting claimants from showing that “a natural increase in wages over the course of an employee’s career” can ever be a special circumstance. State…