State ex rel. Huntington Bancshares Inc. v. Berry

Summary

The Tenth District Court of Appeals of Ohio denied Huntington Bancshares' request for a writ of mandamus challenging the Industrial Commission's calculation of Laura Berry's average weekly wage for workers' compensation benefits. The court held that the commission had some evidence supporting application of the special-circumstances exception under Ohio Revised Code section 4123.61, including Berry's recent reentry into the workforce after caring for an ill family member. The court overruled Huntington's objection to the magistrate's decision, with a modification correcting the number of excluded weeks from 42 to 46.

Holdings

1. The Commission did not abuse its discretion by finding that Berry's injury six weeks after re-entering the workforce, following a 46-week absence while caring for an ill family member, constituted a special circumstance under Ohio Revised Code section 4123.61 and by dividing her Huntington earnings by six weeks rather than 52.
2. Some evidence supported the Commission's finding that Berry was unemployed while caring for an ill family member and seeking work after the Commission rejected her unsupported evidence of caregiving wages.
3. Huntington failed to establish a clear legal right to relief or a clear legal duty by the Commission, and the requested writ of mandamus was properly denied.

Questions Presented

1. Whether the Industrial Commission abused its discretion by applying the special-circumstances exception in Ohio Revised Code section 4123.61 and excluding 46 weeks from the average weekly wage divisor.
2. Whether some evidence supported the Commission's characterization of Berry's pre-Huntington period as unemployment while she cared for an ill family member and sought employment.
3. Whether Huntington established a clear legal right to mandamus relief based on the Commission's average weekly wage calculation.

Disposition

writ_denied