Should Special Circumstances of R C 4123.61 Be Applied Due to Proximity of Individual's Date of Injury and Reentry Into Workforce ?

In State ex rel. Clark v. Indus. Comm. (1994), 69 Ohio St.3d 563, 1994 Ohio 396, 634 N.E.2d 1014, the claimant had just returned to the workforce a few weeks prior to her injury and was working only a few hours per week to see how her granddaughter would adjust to her absence. Following her injury, the claimant obtained full-time employment. Her AWW was originally set at $20 per week, based upon her earnings in the year preceding her date of injury. Upon review, the court determined that the "special circumstances" of R.C. 4123.61 should have been applied due to the proximity of claimant's date of injury and her reentry into the workforce.