Ohio Rev. Code » Chapter 4123
Ohio Revised Code

Ohio Rev. Code § 4123.62 (2026)

Consideration of expected wage increases

✓ current as of May 2026
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Effective:
July 1, 2000
Latest Legislation:
House Bill 471 - 123rd General Assembly
PDF:
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(A) If it is established that an injured or disabled employee was of such age and experience when injured or disabled as that under natural conditions an injured or disabled employee's wages would be expected to increase, the administrator of workers' compensation may consider that fact in arriving at an injured or disabled employee's average weekly wage.

(B) On each first day of January, the current maximum monthly benefit amounts provided in sections 4123.412, 4123.413, and 4123.414 of the Revised Code in injury cases shall be adjusted based on the United States department of labor's national consumer price index. The percentage increase in the cost of living using the index figure for the first day of September of the preceding year and the first day of September of the year preceding that year shall be applied to the maximums in effect on the preceding thirty-first day of December to obtain the increase in the cost of living during that year.

In determining the increase in the maximum benefits for any year after 1972, the base shall be the national consumer price index on the first day of September of the preceding year. The increase in the index for the applicable twelve-month period shall be determined and shall be divided by the base used. The resulting percentage shall be applied to the existing maximums to arrive at the new maximums.

(C) Effective January 1, 1974, and each first day of January thereafter, the current maximum weekly benefit amounts provided in sections 4123.56, 4123.58, and 4123.59, and division (B) of section 4123.57 of the Revised Code shall be adjusted based on the increase or decrease in the statewide average weekly wage.

"Statewide average weekly wage" means the average weekly earnings of all workers in Ohio employment subject to Chapter 4141. of the Revised Code as determined as of the first day of September for the four full calendar quarters preceding the first day of July of each year, by the director of job and family services.

The statewide average weekly wage to be used for the determination of compensation for any employee who sustains an injury, or death, or who contracts an occupational disease during the subsequent calendar year beginning with the first day of January, shall be the statewide average weekly wage so determined as of the prior first day of September adjusted to the next higher even multiple of one dollar.

Any change in benefit amounts is effective with respect to injuries sustained, occupational diseases contracted, and deaths occurring during the calendar year for which adjustment is made.

In determining the change in the maximum benefits for any year after 1978, the base shall be the statewide average weekly wage on the first day of September of the preceding year.
Notes of Decisions
Cited in 42 cases (4 in the last 5 years), 1975–2025 · leading case: State Ex Rel. Patterson v. Indus. Comm'n, 1996 Ohio 263 (Ohio 1996).
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State Ex Rel. Patterson v. Indus. Comm'n, 1996 Ohio 263 (Ohio 1996). · cites it 12× “13 specifically excludes from application to work- relief claims the foundational statute (R.C. 4123.62[C]) for calculating benefits under R.”
State ex rel. Liposchak v. Indus. Comm'n, 737 N.E.2d 519 (Ohio 2000). · cites it 8× ““(B) If there are wholly dependent persons at the time of the death, the weekly payment is sixty-six and two-thirds per cent of the average weekly wage, but not to exceed a maximum aggregate amount of weekly compensation which is equal to sixty-six and two-thirds per cent of the…”
State ex rel. Doersam v. Indus. Comm'n, 543 N.E.2d 1169 (Ohio 1989). · cites it 6× “and to the persons following: * * “(B) If there are wholly dependent persons at the time of the death, the weekly payment shall be sixty-six and two-thirds per cent of the average weekly wage, but not to exceed a maximum aggregate amount of weekly compensation which is equal to…”
State ex rel. Liposchak v. Indus. Comm., 2000 Ohio 73 (Ohio 2000). · cites it 8× ““(B) If there are wholly dependent persons at the time of the death, the weekly payment is sixty-six and two-thirds per cent of the average weekly wage, but not to exceed a maximum aggregate amount of weekly compensation which is equal to sixty-six and two-thirds per cent of the…”
Swallow v. Indus. Comm'n, 521 N.E.2d 778 (Ohio 1988). · cites it 4× “57[B]) provided, in pertinent part, that: “In cases included in the following schedule the compensation payable per week to the employee shall be sixty-six and two-thirds per cent of his average weekly wage, but not more than a maximum of fifty per cent of the statewide average…”
State Ex Rel. Valley Pontiac Co. v. Indus. Comm'n, 594 N.E.2d 52 (Ohio Ct. App. 1991). · cites it 6× “Relator commenced this original action contending that the only figure supported by the evidence is that obtained by the bureau, $77.”
State ex rel. Gen. Motors Corp. v. Indus. Comm'n, 328 N.E.2d 387 (Ohio 1975). · cites it 4× “58 states: “In cases of permanent total disability, the employee shall receive an award to continue until his death in the amount of sixty-six and two-thirds per cent of his average weekly wage, but not more than a maximum amount of weekly compensation which is equal to…”
State ex rel. Hammond v. Indus. Comm'n, 416 N.E.2d 601 (Ohio 1980). · cites it 4× “57(C) provides, in relevant part: “In cases included in the following schedule the compensation payable per week to the employee shall be sixty-six and two-thirds per cent of his average weekly wage, but not more than a maximum of fifty per cent of the statewide average weekly…”
State ex rel. Kincaid v. Allen Refractories Co., 114 Ohio St. 3d 129 (Ohio 2007). · cites it 2× “Section (B) provides: {¶ 11} “In cases included in the following schedule the compensation payable per week to the employee is the statewide average weekly wage as defined in division (C) of section 4123.62 of the Revised Code per week and shall continue during the periods…”
State ex rel. Johnson v. Indus. Comm'n, 533 N.E.2d 775 (Ohio 1988). · cites it 2× “vided for under division (C) of this section, the employee shall receive per week sixty-six and two-thirds per cent of the impairment of his earning capacity which results from the injury or occupational disease during the continuance thereof, not to exceed a maximum amount of…”
State ex rel. Horne v. Great Lakes Constr. Co., 480 N.E.2d 753 (Ohio 1985). · cites it 2× “vided for under division (C) of this section, the employee shall receive per week sixty-six and two-thirds per cent of the impairment of his earning capacity which results from the injury or occupational disease during the continuance thereof, not to exceed a maximum amount of…”
State Ex Rel. Columbus & S. Ohio Elec. Co. v. Indus. Comm'n, 416 N.E.2d 629 (Ohio Ct. App. 1979). · cites it 4× “the persons following: U * * “(B) If there are wholly dependent persons at the time of the death, the weekly payment shall be sixty-six and two-thirds per cent of the average weekly wage, but not to exceed a maximum aggregate amount of weekly compensation which is equal to…”
Show all 42 citing cases →
— Ohio Rev. Code § 4123.62(A) — 3 cases
State Ex Rel. Valley Pontiac Co. v. Indus. Comm'n, 594 N.E.2d 52 (Ohio Ct. App. 1991). “Relator commenced this original action contending that the only figure supported by the evidence is that obtained by the bureau, $77.”
State ex rel. Washington v. Indus. Comm'n, 858 N.E.2d 353 (Ohio 2006).
State ex rel. Brown v. Indus. Comm., 2016 Ohio 662 (Ohio Ct. App. 2016).
— Ohio Rev. Code § 4123.62(C) — 4 cases
State Ex Rel. Patterson v. Indus. Comm'n, 1996 Ohio 263 (Ohio 1996). “13 specifically excludes from application to work- relief claims the foundational statute (R.C. 4123.62[C]) for calculating benefits under R.”
Warren v. Morrison, 2017 Ohio 660 (Ohio Ct. App. 2017).
Kljun v. McCloud (Slip Opinion), 2019 Ohio 1334 (Ohio 2019).
State ex rel. Patterson v. Indus. Comm., 1996 Ohio 263 (Ohio 1996).
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