Percentage of Permanent Partial Disability
If an individual suffers permanent damage to a body part as a result of a work-related injury, he or she may be eligible for permanent partial disability benefits. There are two types of permanent partial disability benefits: percentage and scheduled losses. For more information on scheduled losses, please refer to the Permanent Partial Scheduled Losses Disability fact sheet.
Applying for benefits
Percentage of permanent partial disability awards are compensation for permanent impairments caused by a work-related injury. To apply for the award, the injured worker must file an Application for Determination of the Percentage of Permanent Partial Disability or Increase of Permanent Partial Disability (C-92). The Law Offices of Thomas Tootle can assist you with this process.
Injured workers may apply for a percentage of permanent partial disability 40 weeks after they receive their last temporary total or wage loss compensation payment, or 40 weeks from the date of injury if compensation is not paid for claims with dates of injury prior to June 30, 2006. You may file for permanent partial disability 26 weeks after receiving your last payment of temporary total compensation or wage loss, or 26 weeks from the date of injury if compensation is not paid for claims with dates of injury on or after June 30, 2006. Permanent partial disability awards are based on one-third of the statewide average weekly wage, not to exceed two-thirds of the average weekly wage.
BWC determines the initial percentage of permanent partial impairment award based on an independent medical examiner’s recommendation. BWC requires a medical exam to determine the extent of the injured worker’s permanent damage. A statewide network of physicians provides medical examinations for percentage of permanent partial disability applicants. After the medical exam, BWC issues a tentative order based on the medical exam report.
If an injured worker has received a percentage of permanent partial disability award totaling 100 percent collectively in his or her claims since Oct. 1, 1963, he or she is not eligible to fi le an application for additional percentage awards.
Filing an objection
An injured worker and his or her employer have 20 days from receiving the order to object to the percentage of disability awarded. If the injured worker and or the employer do not fi le an objection, the order becomes effective.
If an objection is filed, the Industrial Commission of Ohio (IC) will hear the objection and make a ruling based on the presented medical evidence. If all parties agree with the IC’s order, BWC will pay compensation. The IC may agree with the percent of disability previously awarded, or reduce or increase the percentage awarded based on the medical evidence.
Either party may then request the initial ruling be reconsidered. The IC will hear the reconsideration request. The decision on the reconsideration cannot be appealed.
Applying for an increase
When BWC receives a request for an increase (C-92), it fowards the request and the supporting documentation to the employer of record and the employer’s representative, and holds it for 60 days. BWC will usually conduct a medical file review before processing payment on a request for an increase of permanent partial disability. However, BWC may schedule the injured worker for an examination in exceptional situations only, such as highly complex injuries or if another condition has been allowed in the claim.
BWC will consider a request for an increase whether or not it has allowed an additional condition in the claim. The injured worker should check the third box on the application and submit medical documentation supporting the request for an increase. Once BWC evaluates the C-92 and supporting documentation, a medical review may be done to make the determination.
If BWC has allowed an additional condition in the claim since the last percentage of permanent partial disability award, the injured worker needs to submit only the C-92 and check the second box. BWC will schedule an exam.
If you have questions about percentage of permanent partial disability, fill out the form to the right, or call Tom Tootle today.
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