The Supreme Court of Ohio recently agreed to reconsider its decision in State ex rel. Ohio Presbyterian Retirement Services, Inc., v. Industrial Commission of Ohio. After hearing further arguments from both sides, the Court affirmed its earlier decision that the Industrial Commission is without authority to grant permanent partial disability benefits when a claimant is already receiving permanent total disability benefits in the same claim. This again is a significant decision for Ohio employers.

After this decision, employers are once again encouraged to re-evaluate any previous claims where an injured worker was awarded permanent partial disability while already on permanent total disability in the same claim. If this is the case in any claim, employers should consider filing C-86 motions for continuing jurisdiction based on a mistake of law and request an overpayment.

For more insight regarding this decision, please read our original Reminger Report on this matter, published in January, 2017.

If you have any questions related to matters of Workers’ Compensation, please feel free to contact one of our Workers’ Compensation Practice Group attorneys.

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