Commission Issues New Salary Continuation Policy

Posted: June, 2006

The Commission issued a new Hearing Officer Manual provision relating to salary continuation. New Hearing Officer Manual Memo C4, issued May 10, 2006 in response to “[n]umerous questions and concerns [which] have been raised as to how hearing officers should handle Salary Continuation and what impact salary continuation has on the payment of temporary total.” According to Memo C4:

• a hearing officer should indicate that temporary total benefits are paid “less wages received” when the hearing officer knows that wages were paid. The order should also indicate that the condition was temporary total even though salary continuation was paid. The memo also points out that the injured worker is entitled to receive the full amount of temporary total, so if the salary continuation is less than the amount of temporary total, the difference should be paid as temporary total;
• hearing officers cannot terminate salary continuation, nor can they make a finding of MMI when there is no temporary total being paid or requested; and
• if salary continuation is being paid instead of temporary total, there is no R.C. § 4123.56 compensation being paid. Therefore, the 40 week waiting period for filing for permanent partial benefits starts from the date of injury.

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