I Can Get Permanent Partial And Permanent Total Disability In The Same Claim Can’t I? The Ohio Supreme Court Emphatically Says No

In State ex rel. Ohio Presbyterian Retirement Services v. Indus. Comm. the Ohio Supreme Court addressed injured workers’ ability to receive permanent partial disability (“PPD”) compensation in workers’ compensation claims for which they had already been awarded permanent total disability (“PTD”).

When the case was initially addressed by the Court, it determined that when an injured worker was previously been determined to be entitled to permanent total disability compensation under R.C. 4123.58, the Industrial Commission of Ohio did not have authority to make a subsequent award of permanent partial disability compensation under R.C. 4123.57.  The injured worker moved for reconsideration, and the Ohio Supreme Court upheld its prior finding on reconsideration.

In Ohio Presbyterian Retirement Services, the injured worker’s claim was initially allowed for multiple physical conditions, as well as for depression.  The Industrial Commission eventually awarded permanent total disability based solely upon the impairment caused by the allowed psychological condition.

The injured worker subsequently filed a permanent partial disability application.  She conceded that she was not entitled to PPD compensation for her psychological condition (because of the PTD award), but maintained that she was entitled  to a permanent partial disability award for the allowed physical conditions in her workers’ compensation claim.

The Supreme Court disagreed, pointing out that the Ohio Legislature expressly authorized partial disability and total disability benefits to be paid concurrently in the limited circumstances set forth in R.C. 4123.58(E), which allows for scheduled loss payments pursuant to R.C. 4123.57(B) in the same claim for which the injured worker is receiving permanent total disability compensation.

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