Following a Cincinnati work injury, an injured worker may suffer from permanent or “residual” damage or impairment. An injured employee may then be compensated for this damage through what is commonly referred to as a “C-92” or “PPD” award. For example, an Ohio worker may fracture his tailbone after falling at work and suffer permanent loss of mobility. He or she may then be eligible for an award based on that impairment or loss. Impairments can be physical or psychological.
How is an Ohio Workers Comp “PPD” Award Determined?
To determine the extent of disability or impairment, Ohio injured workers are examined and provided a percentage of whole person impairment (%PP) based upon the American Medical Association’s “Guides to the Evaluation of Permanent Impairment. An examining physician will utilize the AMA Guide as well as available medical documentation in the injured workers’ BWC claim file to come up with a percentage of impairment.
When Can an Injured Worker File for a PPD Award in Ohio?
Generally speaking, a C-92 or PPD application can be filed twenty-six weeks after the date of termination of the latest period of temporary total disability payments, or twenty-six weeks after the date of injury or contraction of an occupational disease if no temporary total disability payments have been made.
What happens after a PPD Application is filed with the Ohio BWC?
After the PPD application is filed, the BWC sends a copy of the application to the injured employee’s employer or representative and schedules the employee for a medical examination. A copy of the examination report will then be sent to the employee, the employer, and the employer’s representative. The BWC will then issue a tentative order. The employee, the employer, or their representative has a right to object to this tentative order. If their is a conflict in evidence (typically because another physician has determined a different percentage of disability), the application will be set for a hearing with the Ohio Industrial Commission. The Industrial Commission is headquartered in Columbus and has offices in downtown Cincinnati and Dayton, among others.
How is an Ohio PPD Award Paid?
An injured Ohio worker shall receive sixty-six and two-thirds percent of his/her average weekly wage, up to thirty-three and one-third percent of the statewide average weekly wage for the number of weeks equaling the percentage of two hundred weeks. In the rare case that the percentage of disability is ninety percent or higher, the award shall be paid out for two hundred weeks.
If an injured worker loses a finger or limb, the award is paid out according to a fixed schedule. For example, for loss of a thumb, compensation is paid at the statewide average weekly wage for sixty weeks. If an Ohio injured worker loses a hand, compensation is paid for one hundred seventy-five weeks. This fixed schedule applies to other losses, such as loss of eyesight or loss of hearing as well as such things as facial disfigurement.
Do I need a Cincinnati Attorney for My Ohio Workers Comp Claim?
Hiring an experienced Cincinnati workers’ comp attorney can help you receive the PPD award you deserve and assist you in navigating through the confusion of the Ohio workers compensation system.
Call McKenzie & Snyder LLP today at 513-737-5180 to set up a free consultation. Andrew R. Tobergte, Esq. is a Senior associate at McKenzie & Snyder skilled in workers’ compensation and personal injury law.
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Written by Andrew Tobergte