SUPREME COURT – EMPLOYEE ON PTD NOT ENTITLED TO PPD IN SAME CLAIM
In State ex rel. Ohio Presbyterian Retirement Services, Inc. v. Industrial Commission of Ohio, the Supreme Court of Ohio held that it was an abuse of the Industrial Commission’s discretion to award a claimant, who was already receiving permanent total disability benefits, compensation for permanent partial disability in the same claim.
Because PTD benefits are paid for “the inability to perform sustained remunerative employment due to the allowed conditions in the claim,” a claimant receiving PTD is not eligible to also receive concurrent permanent partial disability compensation in the same claim. 150 Ohio St.3d 102, 2016-Ohio-8024.