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

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

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

Vocational rehabilitation is a program that is designed to help injured workers safely return to work in some fashion. In a recent decision from the 10th District Ohio Court of Appeals, a determination was made 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. See State ex rel. Gibbs v. Thistledown, Inc. 2014-Ohio-2731.

There, the injured worker was referred to vocational rehabilitation on three occasions yet refused to participate. On the first two occasions, extenuating circumstances prevented the worker from participating. The record indicates that on the third referral, the injured worker simply indicated she did not wish to participate in the services at that time. The commission determined this demonstrated a lack of a good-faith effort on her part to return to work and such weighed against her in the PTD application.

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

Written by Andrew Tobergte