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STATE EX REL. CAWTHON v. INDUS. COMM.

No. 94-2734.

78 Ohio St.3d 112 (1997)

THE STATE EX REL. CAWTHORN, APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO, APPELLANT.

Supreme Court of Ohio.

Decided April 2, 1997.

Attorney(s) appearing for the Case

Betty D. Montgomery, Attorney General, and Cheryl J. Nester, Assistant Attorney General, for appellant.

Per Curiam.

R.C. 4123.61, at the time of the initial injury herein, read:

"* * * [T]he claimant's or the decedent's average weekly wage for the year preceding the injury or the date the disability due to the occupational disease begins shall be the weekly wage upon which compensation shall be based. In ascertaining the average weekly wage for the year previous to the injury, or the date the disability due to the occupational disease begins any period...

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