Chronic Pain May Be Considered New And Changed Circumstances To Support An Additional Permanent Partial Disability Award

In State ex rel. Rocktenn Co. v. Indus. Comm., 2013-Ohio-5296, a claimant moved the Commission for an increase in permanent partial disability due to complaints of chronic pain.  The Commission awarded an increase in the award based on chronic pain, which award the employer challenged in a mandamus action.  To receive an award for an increase in permanent partial disability, the clamant must demonstrate new and changed circumstances.  Generally new and changed circumstances are demonstrated by the addition of new conditions in the claim.   The court of appeals held chronic may constitute new and changed circumstances supporting an increase in a permanent partial disability award.  Click here to read more.



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