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Permanent
Total Disability
Ohio Revised Code Section 4123.58 provides for payment
of an award called permanent total disability (P.T. or PT). An
injured worker is eligible for permanent total disability if they are
not capable of performing sustained remunerative employment.
The Industrial Commission has adopted a rule governing
permanent total claims. That rule is contained in Ohio Administrative
Code 4121-3-34.
To see the maximum rates for permanent total awards from
1990 to the present, click here.
For summaries of permanent total decisions by Ohio
Courts, with links to the cases, click
here.
Other information:
- Court:
The Supreme Court recognized that evidence that a worker has performed
(or has the
ability to perform) occasional activities is not evidence of an ability
to perform sustained remunerative employment and does not bar permanent
total. (January,
2005)
- Court: The Supreme Court has held that a permanent total claimant
was not entitled to take a doctor's deposition because the doctor
reached the same ultimate conclusion as the treating doctor. (June,
2002)
- Administrative:
Industrial Commission adopts Resolution R98-1-3, revising guidelines
for Commission determination to grant reconsideration. (May, 1998)
- Court: In State,
ex rel. Nicholls v. Indus. Comm. (1998), 81 Ohio St.3d 454, the
Supreme Court held that the Industrial Commission's authority to grant
reconsideration from a Staff Hearing Officer's order awarding permanent
total disability compensation is limited. (May, 1998)
- Administrative:
Ohio Industrial Commission Issues Instructions on Permanent Total
tentative orders. (April, 1996)
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