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Court Rejects Magistrate's Recommendation, Worker's Challenge to AWW

Tuesday, October 17, 2023 | 0

An Ohio appellate court rejected an injured worker’s challenge to the calculation of his average weekly wage. Case: State ex rel. Lott v. Industrial Commission, No. 21AP-552, 09/29/2023, published. Facts: Jason Lott worked for CPG International LLC. He suffered a broken leg at work in January 2021. The Ohio Bureau of Workers' Compensation awarded Lott temporary disability benefits based on an average weekly wage of $197.01. The BWC calculated Lott’s AWW based on his 15 weeks of earnings prior to his injury, totaling $10,244.67, and dividing the earnings by 52 weeks. Procedu...

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