State ex rel Logan v. Indus. Comm

In State ex rel Logan v. Indus. Comm. (1995), 72 Ohio St.3d 599, 601, 1995 Ohio 71, 651 N.E.2d 1008, the claimant was injured while in the course of and arising out of his employment. The commission derived at claimant's AWW by dividing his total wages for the year prior to the injury by 52. The claimant argued he was only employed full time for 16 of the 52 weeks preceding his injury and that his weeks of unemployment and part-time employment be omitted from the calculation. The DHO excluded periods of the claimant's unemployment, but included amounts earned at this part-time employment. The claimant filed a mandamus action in this court contending his AWW was too low. The Court rejected claimant's attempt to exclude the weeks of part-time employment. The Supreme Court of Ohio stated, "we also reject claimant's entreaty to exclude his weeks of part-time work. Part-time work is not listed among those situations that R.C. 4123.61 decreed must be excluded from the AWW computation. Elimination, therefore, can be accomplished only through the 'special circumstances' provision of R.C. 4123.61." Id. at 601.