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  1. #1
    Join Date
    Feb 2018
    Posts
    1

    Default on Ohio Bwc Perminate Partial Disability

    I just have a general question for my wife. She was injured at work and her and her attorney are working on the PPD side of her case. We were trying to figure out the rough way to estimate. Here is what we were told

    Take her Disability Rating which is 11% you then times by 400 which would be 44 then you times that by the average weekly wage which is 1151 , Im coming up with $50644.

    Problem is I dont know if this is the proper equasion to use. Only one I could find online.

    Does anyone actually know how they actually calculate it in Ohio.

    Let me rephrase because i typed it out wrong

    Weekly pay is 767 (which is 66.7%) X 44 Im coming up around 40k

    We have gone and won all the court proceedings , the 11% is what we got from the C92, this is suppose to be the last step.

  2. #2
    Join Date
    Oct 1971
    Posts
    5,009

    Default Re: on Ohio Bwc Perminate Partial Disability

    bucksfan1976
    Take her Disability Rating which is 11% you then times by 400 which would be 44 then you times that by the average weekly wage which is 1151 , Im coming up with $50644.
    Where did you get 400 weeks from, it's 200 - this is why you need to post the source for the info you're posting.
    From what I see, it's the percentage of disability, which is 11 x 200 weeks (not 400) which would be 22 weeks x sixty-six and two-thirds per cent of the employee's average weekly (not the entire AWW)

    4123.57 Partial disability compensation.
    (A) The district hearing officer, upon the application, shall determine the percentage of the employee's permanent disability, except as is subject to division (B) of this section, based upon that condition of the employee resulting from the injury or occupational disease and causing permanent impairment evidenced by medical or clinical findings reasonably demonstrable. The employee shall receive sixty-six and two-thirds per cent of the employee's average weekly wage, but not more than a maximum of thirty-three and one-third per cent of the statewide average weekly wage as defined in division (C) of section 4123.62 of the Revised Code, per week regardless of the average weekly wage, for the number of weeks which equals the percentage of two hundred weeks.
    http://codes.ohio.gov/orc/4123.57

    DI 52120.195 Ohio Workers’ Compensation (WC)
    4. Permanent Partial (PP), Scheduled Loss (SL), Percentage of Permanent Partial (%PP)
    PP benefits are awarded as a Scheduled Loss Compensation (SL) or Percentage of Permanent Partial Disability (%PP).
    SL payments are calculated as 2/3 of the individual’s wage and subject to the regular State maximum that cannot exceed 100 percent of the State Average Weekly Wage (SAWW).
    %PP is calculated as 2/3 or the individual’s wage, but cannot exceed 1/3 of the SAWW. The maximum duration of payment is 200 weeks. The injured individual is typically granted an award as a percentage of the 200 weeks.
    Example:
    An injured individual is awarded $200 per month at a rate of 40 percent. They will receive $200 per month for 80 weeks (40 percent * 200 weeks = 80 weeks).
    https://secure.ssa.gov/poms.nsf/lnx/0452120195

    Tony
    Last edited by tony; 05-18-2018 at 06:57 AM.
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  3. #3
    Join Date
    May 2018
    Posts
    1

    Default Re: on Ohio Bwc Perminate Partial Disability

    Ohio BWC may have guide lines but they do the figures them self. What you showed was close but BWC has there own figures.
    I need to ask questions Has BWC treated you OK? Have they lost paperwork? Have they added wrong on your weeks and would not audit your claim? Hass BWC gone against ICO ruling and di what they wanted. Do you have any travel (C60) and not paid. Have they fought your doctors tooth and nail

  4. #4
    Join Date
    Apr 2012
    Location
    Ohio
    Posts
    119

    Default Re: on Ohio Bwc Perminate Partial Disability

    You really need to talk to the attorney as you are getting some bad information.

    For every percentage point you get TWO weeks. So 11% = 22 weeks.
    Each week is paid out at 66.67% of the average weekly wage - BUT there is a maximum permanent partial rate. This maximum changes from year to year, so it would depend on what year the claim is. The 2017 maximum permanent partial rate (for injuries occurring in 2017) is $300.67 per week. So, if her average weekly wage is $1151 she is well over the max and will only be entitled to $300.67 per week. (so 22 weeks x $300.67 = $6614.74)

    There may be other things going on though - like maybe appeals of the award? So again discuss with your attorney to make sure.
    Kristin A. Cool
    Ohio Workers' Compensation Attorney
    Practicing in Northeast Ohio, Central Ohio, and Mahoning Valley
    www.TheFriedmanLawFirm.com
    Workers' Compensation Blog

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