State ex rel. Baker v. Industrial Commission
State ex rel. Baker v. Industrial Commission
Opinion of the Court
AWW is calculated by dividing a claimant’s earnings in the year prior to injury by fifty-two. R.C. 4123.61. Claimant asserts that the commission abused its discretion in excluding his alleged Pizza Hut earnings from his preinjury total earnings. We disagree. Claimant waited almost ten years before alleging that he had other income in the year prior to injury. He produced no evidence to corroborate these earnings. He also had two opportunities to testify on his own behalf, but did not attend either hearing.
Claimant does not explain his failure to testify but does contend that wage information was unavailable, citing the Pizza Hut letter as proof. That letter, however, was unsigned, undated, and did not identify claimant as the party to whom it was directed. We also note that Pizza Hut was not the only potential source of income verification. Claimant could have submitted tax records, income tax returns, or W-2 forms to substantiate additional income, but he did not.
We accordingly find that the commission did not abuse its discretion in denying claimant’s AWW adjustment request.
Claimant also contends that the commission improperly denied his request for reconsideration, requiring a return of the cause to the commission for further
Accordingly, the judgment of the court of appeals is affirmed.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.