Permanent Partial and Permanent Total Cannot Be Received for Same Time

Permanent Partial and Permanent Total Cannot Be Received for Same Time

Posted: March, 2000

State, ex rel. Hoskins v. Indus. Comm. (1/26/00), 87 Ohio St.3d 560.

Issue: Did the Commission properly reduce a permanent total award by deducting the amount of a permanent partial award paid over the same period?

Background: Hoskins was awarded permanent partial on August 21, 1990. He received the percentage of permanent partial award for the dates of November 11, 1988 to May 24, 1990.

In 1993 he was granted permanent total, back-dated to December 2, 1988. The order deducted the permanent partial paid from December 2, 1988 through May 29, 1990. Hoskins filed a mandamus, alleging abuse of discretion in deducting permanent partial from the permanent total award. Court of Appeals denied writ.

Decision: Supreme Court affirms.

The Court states that the same conditions cannot simultaneously be partially disabling and totally disabling, so Hoskins cannot receive permanent total compensation and permanent partial compensation for the same conditions at the same time.

Hoskins argued that permanent partial is a damage award and that contemporaneous payment does not result in double recovery. The Court says that R.C. 4123.57(D) demonstrates that the special character of permanent partial does not immunize it from offset from other types of compensation.

Information courtesy of the Ohio Workers’ Compensation Bulletin. Subscribe to the Ohio Workers’ Compensation Bulletin to keep informed about the Ohio workers’ compensation system.