What is Temporary Total Disability (TTD)? How is it paid?

TEMPORARY TOTAL DISABILITY (TTD)

TTD is the compensation payable when an injured worker is not able to work due to the allowed conditions in their claim. TTD is requested when the physician of record (POR) completes a C84. Once a period of temporary total disability has been authorized, it will generally continue as long a the POR continues to complete C84's.

TTD will end when:

1. The POR releases an injured worker to full duty
2. The injured worker actually returns to work or
3. the injured worker is found Maximum Medical Improvement (MMI).
   

HOW IS TEMPORARY TOTAL PAID?

TTD is paid at 72% of the Full Weekly Wage (FWW) for the first twelve (12) weeks of compensation. The FWW is based upon the average over all earnings for six (6) weeks prior to the date of injury. After the first twelve (12) TTD is paid at 66 2/3% of the Average Weekly Wage (AWW). The AWW is based upon the average over all earnings for one (1) year prior to the date of injury.

Loss of Use Awards- Ohio BWC Workers' Comp

PARTIAL DISABILITY COMPENSATION

ORC 4123.57(B) provides for a lump sum amount of monies to be paid out over a period of weeks for an amputated digit or limb. For example: a thumb 60 weeks, a hand 175 weeks or an arm 225 weeks. This award is paid for the number of weeks at the maximum statewide Average Weekly Wage (AWW) for the year of the injury.

LOSS OF USE AWARDS & AMPUTATION

To attain a loss of use award does not require an amputation. If you can demonstrate that the digit or limb has ankylosed (i.e. as if it were amputated) you will also qualify for a loss of use award.

TOTAL LOSS OF USE OF THE HAND

A little used provision of this statute provides (at the discretion of the hearing officer) for the the total loss of use of the hand when you have lost the use of two or more fingers. This requires a finding that the claimant's disability is greater than another's based upon the nature of the claimant's employment at the time of the injury.

One Accident. Multiple Claims. Ohio Workers' Comp.

Generally speaking, when an injury occurs during the course and scope of employment, the only recourse an injured worker has is a worker's compensation claim. The only exceptions are when the negligence of a third party caused the injury or if you can prove that the employer intended to injure the employee.

THIRD PARTY CLAIM
The most common third party claim we see is a motor vehicle accident that occurs during the course and scope of employment. If one is involved in a motor vehicle accident that is a result of another drivers' negligence, they have the right to pursue an insurance claim against the negligent party. This is in addition to the worker's compensation claim.

SUBROGATION RIGHTS IN WORKERS COMP

The BWC (or self insured employer), however, does have a subrogation right in any recovery gained from the third party. This means that the injured worker must pay back the BWC (or self insured employer) at least what they have paid in the claim worker's comp claim.

INTENTIONAL TORT
An intentional tort is an extraordinarily difficult claim to pursue and has been the cause of much litigation and statutory changes in the law over the years. Under the current law, we must prove that the employer intended to cause injury to their employee.

EMPLOYER INTENDED CAUSE OR INJURY- EXAMPLE

The most common example of this would be if an employer intentionally removes a guard on a piece of machinery and that results in the employee's arm being pulled into the machine. This type of an injury often results in an amputations of fingers, hand or even the entire arm. These cases are not only difficult but extremely costly to pursue. Generally speaking these cases are only worth pursuing if there is a significant injury.

MMI (Maximum Medical Improvement) with Self Insured Employers

It seems as though self insured employers have all of a sudden came up with a rather conniving way to declare their employees MMI (Maximum Medical Improvement). I've run into this situation a few times recently and it deserves some attention.

Self Insured Employers- Light Duty Work

Self insured employers quickly get their employee's back to work light duty and simultaneously have an IME (Independent Medical Examination) scheduled. Obviously their doctor finds the injured worker MMI and the employer files a motion to have the TTD (Temporary Total Disability) terminated. Very soon after filing the motion the self insured employer decides that they can no longer provide light duty. This is not exclusively a tactic by the self insured's as I have seen state fund employers use this very same tactic.

Defense Against MMI Finding and TTD Termination

There are plenty of arguments that can be made when this matter comes to hearing. Primarily the appropriateness of the IME itself and the timeliness of employer's motion. Be careful if you encounter this situation.

City of Cleveland Stops ALL Workers Comp Settlements

The City of Cleveland recently announced that they are refusing to settle workers compensation claims for injuries occured while employed for the city. At this point the reasoning is unclear and their position may change in the future.

As set forth in the Ohio Revised Code 4123.65, an employee can file an application for settlement of their workers comp claim. However, the employer of record has the right to intervene and reject the settlement at any time. This creates an undue burden on both the injured worker and the BWC.

WELCOME TO THE INJURED WORKERS BLOG

Every day I search for a method to reach my clients and other injured workers in Ohio. Spending my days and weekends helping injured workers, this attorney has helpful and usefull information to share. If you have been injured at work or you are an attorney with a workers' comp client, please bookmark this blog and check regularly for current trends, thoughts and ideas for new strategies.