Refusal to Participate in Vocational Rehabilitation Can Cost Permanent Total Disability Claimant

Understanding Permanent Total Disability

Certain work injuries are so significant that they result in a permanent “inability to perform sustained remunerative employment.” If such inability is due to the allowed conditions in an Ohio workers’ compensation claim, then the worker is eligible for permanent total disability (PTD) benefits.

These benefits compensate an injured worker for impairment of earning capacity and are payable for life.

Factors for PTD Determination

When the Industrial Commission makes determinations on PTD applications, a number of factors are considered. These include, but are not limited to, medical, non-medical, work history, and vocational aspects.

Vocational Rehabilitation Explained

Vocational rehabilitation is a program designed to help injured workers safely return to work in some fashion.

A recent decision from the 10th District Ohio Court of Appeals determined that it was proper to hold that a claimant’s “unjustified” refusal of vocational rehabilitation services is a factor weighing against an award of PTD compensation.

“unjustified” refusal of vocational rehabilitation services is a factor weighing against an award of PTD compensation.

This ruling can be found in State ex rel. Gibbs v. Thistledown, Inc. 2014-Ohio-2731.

Impact on PTD Applications

In the Gibbs case, the injured worker was referred to vocational rehabilitation on three occasions but refused to participate. Extenuating circumstances prevented participation on the first two occasions.

However, the record indicates that on the third referral, the injured worker simply stated she did not wish to participate at that time. The commission determined this demonstrated a lack of a good-faith effort on her part to return to work, which weighed against her PTD application.

Winning Permanent Total Disability Claims

Permanent total disability applications can be very difficult to win. As the Gibbs case illustrates, participation in vocational rehabilitation, even if ultimately unsuccessful, is nearly a requirement.