Permanent Total Disability Compensation
Ohio Revised Code Section 4123.58 provides for payment
of permanent total disability compensation (PT). An injured worker
is
eligible for permanent total disability if they are not capable of
performing sustained remunerative employment. The Industrial
Commission rule governing permanent total
claims is Ohio Administrative Code 4121-3-34.Our rate chart provides the maximum rates for permanent total awards from 1990 to the present.
Our case index provides summaries of permanent total decisions by Ohio courts with links to the cases.
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)