Posted: April, 1996
Commission Issues Instructions on Permanent Total Tentative Orders
The Ohio Industrial Commission has adopted a procedure for permanent total tentative orders in situations where all doctors (i.e., both the injured worker's doctor and the employer's doctor) agree that the injured worker is unable to perform sustained remunerative employment. A tentative permanent total order issues unless one of the following exceptions apply:- injured worker is relatively young.
- injured worker has a recent work history.
- injured worker's education level or vocational report suggests that the injured worker could be retrained.
- the Industrial Commission specialist is an out-of-state physician.
- there is a prior Commission order denying permanent total.
- the injured worker and the employer are the same, e.g., sole proprietorship or closely held corporation.
- the employer's medical evidence states that the injured worker is able to perform sustained remunerative employment.
- Bureau of Workers' Compensation examination
which addresses the issue of permanent total disability states that
based upon the allowed conditions the injured worker is able to return
to sustained remunerative employment.
This information was provided courtesy
of the Ohio
Workers'
Compensation Bulletin.