Commission Instructions on Permanent Total Tentative Orders

Commission Instructions on Permanent Total Tentative Orders

The Ohio Industrial Commission 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:

1. injured worker is relatively young.
2. injured worker has a recent work history.
3. injured worker’s education level or vocational report suggests that the injured worker could be retrained.
4. the Industrial Commission specialist is an out-of-state physician.
5. there is a prior Commission order denying permanent total.
6. the injured worker and the employer are the same, e.g., sole proprietorship or closely held corporation.
7. the employer’s medical evidence states that the injured worker is able to perform sustained remunerative employment.
8. 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.

If one of the exceptions apply the permanent total applications shall follow the regular procedure with the 45 day vocational letter being mailed to the parties and the file referred for a commission vocational evaluation.