If you’ve been denied the disability payments you need to get through life after an injury, it’s important you know that you still have options. When you suffer a disability that prevents you from engaging in work permanently, you are able to apply for permanent total disability. There are some particular guidelines that you will need to meet to get this kind of disability, so your paperwork should be in order and reviewed by your attorney before it’s submitted to make sure you get the compensation you need.
First, you’ll need to present a physician’s report from within the last two months that addresses all your injuries. You will need to place all the evidence you want the Industrial Commission to review inside the application when you turn it in. If not, you won’t be able to provide any further evidence unless your application is denied, and you make an appeal.
Your employer has 60 days to present evidence to the Industrial Commission after the initial IC letter is sent. An extension could be granted in necessary cases, which can prolong your case. If for some reason you can’t access your medical records despite making efforts to do so, you can have the IC Hearing Administrator subpoena those documents.
The Industrial Commission will want to have you scheduled for its own medical exam for the conditions in the claim following those actions. At that point, you may receive a tentative order for disability if you appear disabled at the time of the medical review. If not, then you have a right to appeal by providing further information to the IC.
Source: Ohio Industrial Commission, “Industrial Commission Appeals Process,” accessed Aug. 23, 2016