Permanent Partial Disability in Toledo

Your life after a serious workplace injury is forever different. If you or a loved one has been left with a lasting impairment from a job accident you have the right to be compensated for that permanent change. A Permanent Partial Disability (PPD) award is Ohio’s way of acknowledging that you have not fully recovered. Yet, the process of securing this important financial recovery is very complex, and a simple mistake can mean leaving thousands of dollars on the table. The team of talented workers’ compensation attorneys at Charles E Boyk can help you navigate through the process of applying for permanent partial disability in Toledo.

Let’s say, you’re on the job at a factory, reaching for a bucket when a loose shelf suddenly gives way. The initial doctor’s visits and physical therapy are behind you, but you’re left with a sad reality of chronic pain, a stiff back, or a hand that doesn’t grip like it used to. You can still work, but you’re permanently changed.

In Ohio the workers’ compensation system recognizes this lasting impact through Permanent Partial Disability (PPD) benefits. While important, the PPD process is complex. A misunderstanding or a missed step can cost you thousands of dollars in rightful compensation.

This guide, backed by the experienced team at Charles Boyk Law, will help you understand how PPD works under Ohio law, how awards are calculated, and the key strategies to protect your financial recovery.

What Is Permanent Partial Disability (PPD)?

Governed by Ohio Revised Code § 4123.57, a PPD award compensates you for the permanent impairment resulting from a work related injury or illness.

Think of it this way:

Temporary Total Disability

Pays you while you are “healing” and completely off work. For example, Blake, a Toledo construction worker, falls from a ladder and breaks his femur. His surgeon says he cannot bear weight for 12 weeks. Blake receives Temporary Total Disability checks for those 12 weeks, calculated at 72% of his average weekly wage. This allows him to pay his bills while he heals. After 12 weeks, his bone has healed, but he has a permanent limp and cannot squat. He has reached Maximum Medical Improvement. His Temporary Total Disability stops, and he now files for a PPD percentage-based award for the permanent impairment to his leg.

Permanent Total Disability

For when you can “never” return to any form of work. For example, Maria, a line worker, suffers a catastrophic lower back injury when a machine malfunctions. After multiple surgeries, she is left with chronic, debilitating pain, leg weakness, and an inability to sit or stand for more than 15 minutes. Maria has reached Maximum Medical Improvement. She receives a PPD award for a 25% whole-person impairment. However her physical limitations, combined with her age (62) and lack of a high school diploma, make her unemployable. Her attorney files for Permanent Total Disability, submitting reports from her pain management doctor and a vocational expert. The expert testifies that no employer in the local economy would hire someone with Maria’s restrictions. The Industrial Commission awards her Permanent Total Disability benefits, providing her with financial security for the rest of her life.

Permanent Partial Disability (PPD)

For when you have reached Maximum Medical Improvement (MMI), but are left with a lasting impairment. It compensates for the permanent loss of your body’s function.

Importantly PPD award does not close your claim. You retain the right to future medical treatment for your injury and can even apply for an increase in your award if your condition worsens.

The Two Types of PPD: Understanding Your Award

Ohio law provides two distinct ways for PPD compensation. Understanding which applies to your situation is the first step for maximizing your recovery.

Percentage-Based Awards (Division A)

This is for a permanent condition that impairs your overall bodily function, such as a back injury, chronic pain syndrome, or a shoulder injury with lasting limitations.

It compensates the impact on your whole-person function, not necessarily a specific wage loss.

How It’s Calculated:

• 1.  A medical examiner assigns an impairment percentage (e.g., 10%, 15%).
• 2.  That percentage is applied to 200 weeks to determine your benefit weeks.
• 3.  You receive 66.6% of your average weekly wage for that number of weeks.

Example: A warehouse worker with a $900 average weekly wage is rated with a 15% impairment. The calculation would be

• 15% of 200 weeks = 30 weeks of benefits.
• Weekly Benefit: 66.6% of $900 = $600.
•  Total Award: $18,000.

Example: A Toledo hospital nurse injures her lower back while lifting a patient. She reaches Maximum Medical Improvement (MMI) but is left with chronic pain, stiffness, and a 20-pound lifting restriction.

• PPD Type: This is a percentage-based award for an injury to the body as a whole (the spine).
• Application: The BWC’s IME doctor rates her with an 8% whole-person impairment. Her attorney objects, presenting a report from her treating physiatrist that details her limited range of motion and pain, arguing for a 15% impairment.
• Potential Award: A 15% rating applied to 200 weeks equals 30 weeks of benefits. At her average weekly wage of $1,000, her total award would be $30,000, compared to just $16,000 at the 8% rating.

Scheduled Loss Awards (Division B)

This is a fixed benefit for the loss, or total loss of use, of specific body parts listed in the law, such as fingers, hands, eyes, or feet. The value is predetermined, much like a damages schedule.

It compensates the physical loss itself.

How It’s Calculated:

• The law provides a set number of weeks for each body part.
• You are paid based on the  Statewide Average Weekly Wage (SAWW), not your personal wage.

Schedule Examples:

• Loss of a Thumb: 60 weeks
• Loss of a Hand: 175 weeks
• Loss of a Foot: 150 weeks
• Loss of Sight in One Eye: 125 weeks

Example: A machinist suffers the amputation of an index finger. The SAWW is $1,000.

• The schedule awards “35 weeks” for an index finger.
• Total Award: $35,000 (paid in installments or a potential lump sum).

Example: A machine operator in a Perrysburg auto plant has his dominant hand crushed in a press. Despite multiple surgeries, he has no functional grip strength, constant numbness, and cannot perform fine motor tasks.

• PPD Type: This is a claim for the “total loss of use” of a hand, a scheduled loss under Division B.
• Application: His attorney argues that under the legal standard the hand is effectively “as good as gone” for all practical purposes. They submit functional capacity evaluations and testimony from his surgeon to prove this.
• Potential Award: The scheduled award for the loss of a hand is 175 weeks. Based on the current Statewide Average Weekly Wage (SAWW), this could result in a significant lump-sum payment.

Key Legal Insight:

For a scheduled loss, you must prove a “total and permanent loss of use for all practical intents and purposes.” This doesn’t require the body part to be 100% useless, but that its function is effectively lost, making it as good as gone.

Division A and B Hypothetical

Example: A warehouse worker in Maumee tears the rotator cuff in his shoulder when a heavy box falls from a shelf. The injury also causes permanent nerve damage, resulting in a loss of sensation and strength in his ring and pinky fingers.

• PPD Type: This case may involve two separate PPD claims.
• Application: The attorney files for:
  1. A Scheduled Loss (B) for the loss of use of the two fingers due to nerve damage.
  2. A Percentage-Based (A) award for the permanent impairment to the shoulder joint itself.

Here, this hypo demonstrates the “no concurrent awards for the same condition” rule, but shows how one accident can cause separate and distinct impairments that can be claimed independently to maximize the total recovery.

The PPD Process: A Step-by-Step Guide

1. The Waiting Period: You must wait at least 26 weeks after your injury or your last wage-loss payment before you can apply.
2. Filing the Application: You must proactively file an “Application for Determination of Percentage of Permanent Partial Disability” with the Ohio BWC. The money will not come automatically.
3. The Independent Medical Exam (IME): The BWC will schedule an IME. You must attend. The IME doctors report is critical and often the source of dispute if they downplay your impairment.
4. The Tentative Order: The BWC issues a proposal based on the IME. You have only 20 days to object if you disagree.
5. The Hearing (If You Object): If you challenge the order a District Hearing Officer will review evidence from both sides. This is where having your own medical evidence and legal representation becomes crucial.
6. Payment: Once a final order is in place, payments begin. Scheduled loss awards may be eligible for a lump-sum payment.

Common Challenges & How to Overcome Them

The path to a full and fair PPD award in Toledo is often filled with obstacles.

• Low IME Ratings: The BWC’s doctor may issue a low impairment rating that doesn’t reflect your reality. The impairment ratings used in these evaluations are often based on standardized guides, such as the AMA Guides to the Evaluation of Permanent Impairment. While these guides aim for objectivity, their application can be subjective. An experienced attorney can ensure the IME doctor correctly applies these complex standards and can counter a low rating with a robust, independent medical evaluation that also adheres to authoritative medical principles.
• Disputes Over “Loss of Use”: An insurer may argue you still have “some use” of a damaged hand or foot, trying to deny a scheduled loss award.
• The 100% Cap: The law states that all your PPD percentages from all claims cannot exceed 100%. A prior injury can limit your current award.
•  “No Concurrent Awards” Rule: You generally cannot receive both a Division (A) percentage award and a Division (B) scheduled loss award “for the same condition”. However, if one injury causes multiple impairments ( a hand injury that leads to a scheduled finger loss and a general shoulder impairment), you may have separate claims.

Maximizing Your Toledo PPD Recovery: 5 Key Strategies

1. Build a Powerful Medical Record. Your treating doctor is important. Ensure they document everything such as objective test results, range-of-motion limits, and your subjective pain and weakness.
2. Don’t Accept a Low IME Rating. The IME doctor’s word is not final. You have the right to submit a report from your own physician and challenge the findings at a hearing.
3. Claim Every Benefit. If your injury involves a scheduled body part ensure that award is pursued. Don’t let an insurer misclassify your injury to pay you less.
4. File Correctly and On Time. Missing the 20 day objection window or filing an incomplete application can severely damage your claim.
5. Consult an Experienced Attorney Early. A workers’ compensation lawyer at Charles Boyk Law in Toledo can:

• Ensure your application is strategically prepared.
• Help your doctor frame their report to meet legal standards.
• Secure independent medical opinions to counter a low IME rating.
• Navigate the complex hearing and appeal process, including filing a writ of mandamus if necessary.

Your Recovery is Our Priority

In Toledo, the Permanent Partial Disability award is the financial recognition of the permanent change to your life and abilities. The system is designed to be navigated with expert help. At Boyk Law, our experienced Toledo Permanent Partial Disability lawyers are dedicated to helping you through this challenging time.

If you are facing the long term consequences of a workplace injury, don’t leave your recovery to chance. Call Charles E. Boyk Law. The team at Boyk is focused on the small details and will work tirelessly to help you receive maximum recovery. A few percentage points on an impairment rating, or properly claiming a scheduled loss, can mean a difference of thousands of dollars.

Contact us today for a confidential consultation. Let our experienced team help you secure the maximum recovery you are owed.