Ohio Revised Code
Chapter 4123 | Workers' Compensation
Section 4123.62 | Consideration of Expected Wage Increases.

Effective: July 1, 2000
Latest Legislation: House Bill 471 - 123rd General Assembly
(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.

Structure Ohio Revised Code

Ohio Revised Code

Title 41 | Labor and Industry

Chapter 4123 | Workers' Compensation

Section 4123.01 | Workers' Compensation Definitions.

Section 4123.02 | Policemen and Firemen Excepted.

Section 4123.021 | State Active Duty Defined.

Section 4123.022 | Employment Status While on Active Duty.

Section 4123.023 | Benefits for Members of Organized Militia.

Section 4123.024 | Administrative and Other Costs to Be Paid From State Insurance Fund.

Section 4123.025 | Benefits for One Killed Performing Request or Order of a Duly Authorized Public Official.

Section 4123.026 | Costs of Post-Exposure Medical Diagnostic Services After Peace Officer, Firefighter, Emergency Medical Worker, or Detention Facility Employees' Exposure to Blood or Other Body Fluid.

Section 4123.03 | Employees Performing Special Services for the State or a Political Subdivision.

Section 4123.031 | Emergency Management Worker Definitions.

Section 4123.032 | Benefits for Emergency Management Workers.

Section 4123.033 | Compensation for Accidental Injury While Performing Emergency Management Duties.

Section 4123.034 | Unpaid Emergency Management Workers Qualify for Maximum Benefits.

Section 4123.035 | Finality of Decision as to Emergency Management Claimants.

Section 4123.036 | Participation in Emergency Management Benefits.

Section 4123.037 | Loyalty Oath for Emergency Management Workers.

Section 4123.038 | Apprentice Definitions.

Section 4123.039 | Eligibility for Benefits of Apprentices.

Section 4123.04 | Application to Intrastate, Interstate and Foreign Commerce.

Section 4123.05 | Rules.

Section 4123.06 | Rules Regarding Fees.

Section 4123.07 | Bureau to Prepare and Furnish Application Forms.

Section 4123.08 | Powers of Officers in Administrative Proceedings.

Section 4123.09 | Depositions.

Section 4123.10 | Industrial Commission Not Bound by Rules of Evidence.

Section 4123.11 | Stenographer's Copy Received in Evidence.

Section 4123.12 | Attachment Proceeding to Compel Obedience.

Section 4123.13 | Fees of Officers and Witnesses.

Section 4123.15 | Recognized Religious Sect Employer May Apply for Exemption.

Section 4123.19 | Expenditures to Establish Rate Classes - Salaries and Compensation Paid by Warrant.

Section 4123.20 | Publication and Distribution of Classifications, Rates, and Rules of Procedure.

Section 4123.21 | Injunction Shall Not Issue Suspending or Restraining Actions.

Section 4123.22 | Annual Report.

Section 4123.23 | Inspection of Books, Records, and Payrolls.

Section 4123.24 | Payroll to Be Kept.

Section 4123.25 | Misrepresentation as to Amount or Classification of Payroll or Amount of Compensation Paid.

Section 4123.26 | Annual Statement by Employer - Forfeiture.

Section 4123.27 | Use of and Access to Information Provided by Employers.

Section 4123.271 | Administrator May Request Report of Employer Payments From Tax Commissioner.

Section 4123.28 | Record of Injuries and Occupational Diseases - Report.

Section 4123.29 | Duties of Administrator.

Section 4123.291 | Appeal From Adjudicating Committee Decisions.

Section 4123.292 | Election to Obtain Other-States' Coverage.

Section 4123.30 | Public Fund - Private Fund - Contributions - Disbursements.

Section 4123.31 | Workers' Compensation Fund.

Section 4123.311 | Direct Deposit of Funds by Electronic Transfer - Debit Card Access.

Section 4123.32 | Rules for Administering State Insurance Fund.

Section 4123.321 | Disposition of Insurance Fund Excess Surplus.

Section 4123.322 | Rules for System of Prospective Payment of Workers' Compensation Premiums.

Section 4123.323 | Payment Due Dates.

Section 4123.324 | Waiver or Reduction of Experience Transfer.

Section 4123.33 | Certificate of Protection for Period of Less Than One Year.

Section 4123.34 | Solvency of Funds - Premium Rates.

Section 4123.341 | Contributions Toward Payment of Administrative Costs and Expenses.

Section 4123.342 | Allocating Costs.

Section 4123.343 | Employing and Retaining Handicapped Employees.

Section 4123.344 | Suspension of Premium Increase Pending Conclusion of Subrogation Claims.

Section 4123.35 | Payment of Premiums by Employers; Self-Insurance.

Section 4123.351 | Self-Insuring Employers' Guaranty Fund.

Section 4123.352 | Self-Insuring Employers Evaluation Board.

Section 4123.353 | Public Employer Granted Self-Insuring Employer Status.

Section 4123.36 | Covering Default When Account Uncollectible.

Section 4123.37 | Failure to Pay Premiums by Amenable Employer.

Section 4123.38 | Contributions to Public Insurance Fund.

Section 4123.39 | Contributions by State and Subdivisions.

Section 4123.391 | Remedies for Learn to Earn Participants.

Section 4123.40 | Estimating State's Contribution.

Section 4123.401 | Estimated Number of State Employees.

Section 4123.402 | Department of Administrative Services - Powers and Duties.

Section 4123.41 | Annual Payments by County, Taxing District and Institution to Public Insurance Fund.

Section 4123.411 | Levying Assessments for Disabled Workers' Relief Fund.

Section 4123.412 | Disabled Workers' Relief Fund.

Section 4123.413 | Eligibility for Participation in Fund.

Section 4123.414 | Receiving Payments From Fund.

Section 4123.415 | Payments Made to Show Source of Funds.

Section 4123.416 | List of Names and Addresses of Person Receiving Compensation.

Section 4123.417 | Investigation and Determination of Right of Persons to Participate in Disabled Workers' Relief Fund.

Section 4123.418 | Bureau Employees.

Section 4123.419 | Establishing Assessment Rate.

Section 4123.42 | Custodian of State Insurance Fund.

Section 4123.43 | Deposit of Funds Not Required for Immediate Use.

Section 4123.44 | Investment of Surplus or Reserve of State Insurance Fund.

Section 4123.441 | Chief Investment Adviser for Bureau - Duties.

Section 4123.442 | Development of Investment Policy - Duties of Committee.

Section 4123.443 | Rental Payments for Leased Buildings.

Section 4123.444 | Duties of Administrator Regarding Investment Manager Contracts.

Section 4123.445 | Contract With Investment Manager Convicted of Financial Crime Prohibited.

Section 4123.446 | Report Regarding Minority and Women's Business Enterprises.

Section 4123.45 | Printing or Lithographing of Bonds - Denomination - Compliance by Taxing Authorities.

Section 4123.452 | No Compensation for Injury Sustained in Ridesharing Arrangement.

Section 4123.46 | Payments From State Insurance Fund.

Section 4123.47 | Actuarial Analysis of Fund; Audits of Effectiveness of Administration - Retention of Actuary.

Section 4123.48 | Individual Accounts to Be Kept by Bureau - Default in Payment.

Section 4123.50 | Failure to Comply With Law.

Section 4123.51 | Place for Filing Claims or Appeals - Required Statement.

Section 4123.511 | Notice of Receipt of Claim.

Section 4123.512 | Appeal to Court.

Section 4123.52 | Continuing Jurisdiction of Commission.

Section 4123.521 | Appeal for Purpose of Delay or Other Vexatious Reason and Without Reasonable Ground.

Section 4123.522 | Right to Receive Written Notice of Action.

Section 4123.53 | Medical Examinations - Vocational Evaluation or Questionnaire.

Section 4123.54 | Compensation in Case of Injury or Death - Agreement if Work Performed in Another State.

Section 4123.541 | Reduction of Benefits in Proportion to Benefits Received Under Other Act or Program.

Section 4123.542 | Successful Claimant Not to File Duplicative Claim.

Section 4123.55 | No Compensation for First Week After Injury.

Section 4123.56 | Compensation in Case of Temporary Disability.

Section 4123.57 | Partial Disability Compensation.

Section 4123.571 | Prior Claims.

Section 4123.58 | Compensation for Permanent Total Disability.

Section 4123.59 | Benefits in Case of Death - Dependency.

Section 4123.591 | Providing List of Person Receiving Spousal Death Benefit to Tax Commissioner.

Section 4123.60 | Persons Eligible for Death Benefits - Limitations.

Section 4123.61 | Basis for Computation of Benefits.

Section 4123.62 | Consideration of Expected Wage Increases.

Section 4123.63 | Service-Connected Injury.

Section 4123.64 | Commutation to Lump Sum.

Section 4123.65 | Application for Approval of Final Settlement.

Section 4123.651 | Employer Initiating Medical Examinations.

Section 4123.66 | Making Additional Payments for Medical or Funeral Expenses.

Section 4123.67 | Compensation Exempt From Attachment or Execution.

Section 4123.68 | Schedule of Compensable Occupational Diseases.

Section 4123.69 | Persons Entitled to Benefits.

Section 4123.70 | Preexisitng Disease.

Section 4123.71 | Time for Report of Physician.

Section 4123.73 | Participation by Employers of Less Than Three Persons.

Section 4123.74 | Immunity of Employer.

Section 4123.741 | Immunity of Fellow Employees.

Section 4123.75 | Remedy of Employee Against Noncomplying Employer.

Section 4123.751 | Service on Nonresident Employer.

Section 4123.752 | Manner of Service.

Section 4123.753 | Service Fee.

Section 4123.754 | Continuance.

Section 4123.755 | Applicability to Residents Who Become Nonresidents.

Section 4123.756 | Death of Employer Prior to Commencement of Civil Action.

Section 4123.76 | Claim Against Noncomplying Employer a Lien.

Section 4123.77 | Common Law Defenses Denied to Noncomplying Employers.

Section 4123.78 | Recording of Certificate of Noncompliance.

Section 4123.79 | Party May Enjoin Operation of Noncomplying Employer - Construction Contractor or Subcontractor.

Section 4123.80 | Agreement to Waive Rights Void - Exceptions.

Section 4123.81 | Prohibition Against Deduction for Premium.

Section 4123.82 | Contracts Indemnifying or Insuring Employer Void.

Section 4123.83 | Posting of Notice by Employer.

Section 4123.84 | Claims for Injury or Death Barred After One Year - Exceptions.

Section 4123.85 | Claims for Compensation or Benefits in Cases of Occupational Diseases.

Section 4123.86 | Report Regarding Cancer Claims.

Section 4123.88 | False Representation or Solicitation of Authority.

Section 4123.89 | Minor Is Sui Juris - Additional Award for Violation.

Section 4123.90 | Discrimination Against Alien Dependents Unlawful.

Section 4123.91 | Information From Consular Officials.

Section 4123.92 | Attorney General, Prosecuting Attorney - Prosecution and Defense of Actions.

Section 4123.93 | Subrogation Definitions.

Section 4123.931 | Statutory Subrogee Subrogated to Rights of Claimant Against Third Party.

Section 4123.932 | Claims Likely to Be Subrogated by a Third Party.

Section 4123.94 | Preference of Judgments.

Section 4123.95 | Liberal Construction of Chapter.

Section 4123.96 | Solicitation of Claims Prohibited.

Section 4123.99 | Penalty.