Permanent Total Compensation
The Ohio workers’ compensation system can be confusing. Our learn about pages provide basic information about the Ohio workers’ compensation system. You can find out more about the system from our Ohio Workers’ Compensation Guide or our explanation of Ohio workers’ compensation terms.
Learn about permanent total compensation:
- An injured worker is permanently and totally disabled if they are unable to perform any sustained remunerative employment due to their allowed conditions.
- The permanent total application is filed on form IC-2. You must attach all medical evidence you plan to use to support your case to the application. You are not allowed to file additional medical evidence later. You are required to file a doctor’s report from an exam within the last 24 months that indicates your limitations from the injury and finds you unable to work based on the allowed conditions.
- After the application and supporting medical evidence is filed, the employer receives a notice of the application and has 14 days from the notice to let the Industrial Commission know it intends to submit its own medical evidence. The employer has 60 days from the date they receive the notice to submit its medical exams.
- The Industrial Commission also will send the injured worker for a medical exam.
- If the Industrial Commission exam finds that the injured worker is permanent total, then the Hearing Administrator can issue a tentative order (without a hearing) awarding permanent total compensation.
- If the Industrial Commission exam finds the injured worker can do some work, then the Hearing Administrator will notify the parties that they have 14 days to submit written notice that they intend to file a vocational report and 45 days to file that vocational report.
- After all the reports have been filed, the matter will get set for a hearing in front of a Staff Hearing Officer. The SHO will issue an order which must explain the decision.
- If the SHO finds that the medical evidence indicates that the injured worker is physically or psychologically incapable of working as a result of the injury, then the SHO can award permanent total. If the SHO finds that the injured worker is physically capable of work, then the SHO must consider whether the disability factors (age, education, work history, transferability of skills) in combination with the physical and mental impairments make the injured worker capable of sustained remunerative employment.
See our permanent total page for more information about permanent total compensation.