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ARTICLE · 21 JUNE 2010

Ohio Supreme Court Determines that Workers' Compensation Rate Includes Wages from Second Job

Littler Mendelson
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On June 8, 2010, the Ohio Supreme Court held in State ex rel. FedEx Ground Package Sys., Inc. v. Industrial Commission, No, 2010-Ohio-2451, that it was not an abuse of discretion for the Industrial Commission to include wages from a second job in the calculation of an injured worker's temporary total disability benefits.

United StatesEmployment and HR
Bonnie Kristan
Bonnie Kristan
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On June 8, 2010, the Ohio Supreme Court held in State ex rel. FedEx Ground Package Sys., Inc. v. Industrial Commission, No, 2010-Ohio-2451, that it was not an abuse of discretion for the Industrial Commission to include wages from a second job in the calculation of an injured worker's temporary total disability benefits.

Facts

At the time he was injured while working for FedEx Ground Package Systems, Inc. ("FedEx Ground") on October 24, 2006, Christopher Roper held two jobs. He worked part-time at FedEx Ground and also worked at Integrated Pest Control, where he earned significantly more than he did from his FedEx Ground employment.

In computing his compensation rate, FedEx Ground, a self-insured employer, set Roper's average weekly wage1 (AWW) and his full weekly wage2 (FWW) based solely on his earnings from FedEx Ground.

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