Legal Opinion

Fedex Ground v. Indus. Com.

Ohio Court of Appeals

Decided August 15, 2008No. 07AP-959Published

1Opinion of the Court

{¶ 1} In this original action, relator, FedEx Ground Package System, Inc. ("FedEx Ground" or "relator"), requests a writ of mandamus ordering respondent Industrial Commission of Ohio ("commission") to vacate its order setting the average weekly wage ("AWW") and the full weekly wage ("FWW") of respondent Christopher J. Roper ("claimant") at $417.05 and $457.36 respectively, and to enter an order setting AWW and FWW without regard to the wages claimant earned in concurrent dissimilar employment during the year prior to the date of injury.

Findings of Fact:

{¶ 2} 1. In December 2004, claimant…

2Cases cited8 opinions

  1. State ex rel. Wireman v. Industrial CommissionOhio Supreme Court · 1990
  2. State ex rel. Clark v. Industrial CommissionOhio Supreme Court · 1994
  3. State ex rel. Johnson v. Rawac Plating Co.Ohio Supreme Court · 1991
  4. Riley v. Industrial CommissionOhio Court of Appeals · 1983
  5. State ex rel. Cawthorn v. Industrial CommissionOhio Supreme Court · 1997

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