Ohio § 4123.61

§ 4123.61.

The average weekly wage of an injured employee at the time of the injury or at the

time disability due to the occupational disease begins is the basis upon which to

compute benefits. In cases of temporary total disability the compensation for the first twelve weeks

for which compensation is payable shall be based on the full weekly wage of the claimant

at the time of the injury or at the time of the disability due to occupational disease

begins;  when a factory, mine, or other place of employment is working short time

in order to divide work among the employees, the bureau of workers' compensation shall

take that fact into consideration when determining the wage for the first twelve weeks

of temporary total disability. Compensation for all further temporary total disability shall be based as provided

for permanent disability claims. In death, permanent total disability claims, permanent partial disability claims,

and impairment of earnings claims, the claimant's or the decedent's average weekly

wage for the year preceding the injury or the date the disability due to the occupational

disease begins is the weekly wage upon which compensation shall be based.  In ascertaining the average weekly wage for the year previous to the injury, or

the date the disability due to the occupational disease begins any period of unemployment

due to sickness, industrial depression, strike, lockout, or other cause beyond the

employee's control shall be eliminated. In cases where there are special circumstances under which the average weekly wage

cannot justly be determined by applying this section, the administrator of workers'

compensation, in determining the average weekly wage in such cases, shall use such

method as will enable the administrator to do substantial justice to the claimants,

provided that the administrator shall not recalculate the claimant's average weekly

wage for awards for permanent total disability solely for the reason that the claimant

continued working and the claimant's wages increased following the injury.