Permanent Total Disability is defined by the Ohio Administrative Code as "the inability to perform sustained remunerative employment due to the allowed conditions in the claim." O.A.C. §4121-3-34(B)(1). This simply means that an injured worker is considered permanently and totally disabled when he or she is incapable of performing a financially rewarding employment position as a result of the allowed conditions in the injured workers' claim. The Industrial Commission looks at the injured workers' residual functional physical limitations, psychological limitations, as well as any non-medical disability factors, in awarding permanent total disability compensation.
Although there is no law which says you need to hire a lawyer, in practical terms and regardless of how you feel about attorneys, it is difficult to handle a workers' compensation case on your own. With trained adjustors working for the insurance companies who have lawyers at their everyday disposal, hiring a qualified attorney is essential. Unless your case is extremely simple, a good lawyer is important to protect your rights. Trying to handle your own case may save you a penny but cost you a pound in the long run.
COLUMBUS -- Emergency responders diagnosed with post-traumatic stress disorder could be eligible for workers' compensation benefits even if they don't have physical injuries under proposed legislation being considered by an Ohio Senate panel.
The Workers' Compensation Act reflected a growing public sentiment that employees should receive compensation for work-related injuries and that compensation should be regarded as a charge upon the business in which the employee worked. Workers' compensation in the state of Ohio therefore attempts to accommodate the correlative rights and duties of employers and employees.
Chapter 4123 of the Ohio Revised Code prescribes the amount and duration of compensation payable to a claimant. The Industrial Commission lacks the power to adopt rules and regulations establishing a rate of compensation other than that prescribed by the statute, and compensation to which a claimant is entitled is a substantive right the amount of which is determined with reference to the statute in effect on the date of injury.
On Oct. 21, the Ohio Supreme Court issued a decision regarding the dual intent doctrine, allowing employers to sleep just a little better at night. In Friebel v. Visiting Nurse Assn. of Mid-Ohio, Slip Opinion 2014-Ohio-4531, the court found that the doctrine of dual intent or dual purpose is not applicable when determining eligibility for workers' compensation benefits in Ohio for injuries arising out of auto accidents.
The Ohio Bureau of Workers' Compensation has adopted a new rule meant to help injured workers get quicker access to medications needed to treat their injury.
Revised Code § 4123.025 extends workers' compensation coverage to persons requested or ordered to perform public service in an emergency. This section does not include persons who are volunteers and covered under R.C. § 4123.03, and application of R.C. § 4123.025 is expressly limited to emergency situations. A duly authorized public official of the state, one of its institutions or agencies, or a political subdivison, can request or order the public service. The statutorily expressed purpose is to encourage participation of all appropriate persons in an emergency.
The definition of "employee" under R.C. § 4123.01(A)(1)(b) expressly includes aliens, so no colorable distinction between workers exists on the basis of the alienage or citizenship. Even when an alien is subject to deportation, he or she is an employee. The law also extends coverage to all employees performing work in Ohio, regardless of their residence or domicile.
The Ohio Revised Code provides that every employee who is injured or who contracts an occupational disease is entitled to receive such medical, nursing, and hospital services as are authorized under Chapter 423 of the Revised Code. Section 4123.66 authorizes the Administrator of the BWC to pay such amounts from the State Insurance Fund for such medical services, nursing services, hospital services, and medicine as the Administrator "deems proper."