In Lipsky v. Barry (Dec. 11, 1990), Franklin App. No. 90AP-07, 1990 Ohio App, the Court had occasion to address the Smith case in a mandamus action brought by relator, Ralph Lipsky, who was injured while tending bar at Lee's Cafe. The claim was allowed and Lipsky was awarded TTD compensation. An Ohio Bureau of Workers' Compensation claims examiner set Lipsky's AWW at $ 100 based upon Lipsky's yearly income at Lee's Cafe divided by 52 weeks. Lipsky moved for a recalculation of his AWW based upon his earnings from working two days a week at a second bar, Bill's Open Door. A commission hearing officer reset AWW at $ 111.65 and the decision was administratively affirmed. The order contained no reference to the wages Lipsky allegedly earned at Bill's Open Door. The Lipsky court noted that one issue before it was "whether wages received in employment concurrent with but separate from the employment in which the injury occurred are included when calculating the average weekly wage under R.C. 4123.61."