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Permanent
Partial Disability
Ohio Revised Code Section 4123.57(A) provides for
payment of an award called permanent partial disability (P.P.
or PP). The permanent partial award is an award for residual
disability. It is a damage-like award. The permanent partial award is
not a settlement, and the claim remains open after receipt of a
permanent partial award.
There is a waiting period before the initial application for permanent
partial disability can be filed. The waiting period is
calculated from the date of injury or the last payment of
temporary total or wage loss (whichever is later).
For claims arising before June 30, 2006, there is a 40 week waiting period. To see the chart for calculating the 40 week waiting period, click here. For claims arising on or after June 30, 2006, there is a 26 week
waiting period. To see the chart for calculating the 26 week waiting period, click here.
To see the maximum rates for permanent partial awards
from 1990 to the present, click here.
For summaries of permanent partial decisions by Ohio
Courts, with links to the cases, click
here.
Other information:
- Administrative: The
Commission issued an inter-office communication, dated
January 6, 2005, to clarify permanent partial procedure which indicates
that.Staff Hearing Officers will
consider medical evidence which was not on file at the District
Hearing Officer Hearing only at a reconsideration hearing on an initial
permanent partial application. Staff Hearing Officers cannot consider
new medical evidence in cases seeking an increase in the permanent
partial award. (February,
2005)
- Administrative: After public hearing on March
20, 2000, the Commission has withdrawn the proposed permanent partial rule. (April
2000)
- Court: Permanent Partial and Permanent Total Cannot Be Received for
Same Time. (March 2000)
- Administrative: Commission Considers Amending Permanent Partial Rule. (February
2000)
- Administrative: BWC Adopts New Permanent Partial Forms and Procedure.
(July, 1999)
- Administrative: Industrial
Commission issues resolution directing that Disability Factors Not Be
considered during Permanent Partial Disability Decisions. (July,
1996)
- Court: Supreme
Court holds that Permanent Partial Disability Award Does Not Include
Disability Factors. (July, 1996)
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