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Court of Appeals Finds PTD Application May Be Processed Even When Some Allowed Conditions Have Not Reached MMI

In State ex rel. Martin v. Springfield Twp., 2014-Ohio-1186, a claimant filed for PTD benefits despite the fact that all the allowed conditions had not reached maximum medical improvement (MMI).  The Commission denied the application under Ohio Admin.Code 4121-3-34(D)(1)(f), which provides a hearing officer shall deny a PTD application if “the condition remains temporary.”  The claimant filed a petition for writ of mandamus, which the court of appeals granted, vacating the Commission’s order.  In this instance, the claimant had an allowed psychological condition, which rendered him PTD, but also had allowed physical conditions which remained temporary.  The court of appeals reasoned the PTD application should have been adjudicated because the psychological condition alone would support an award of PTD benefits.  Read the full decision here.

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