
Reviewed by Peter Gibson
Managing Partner
Peter Gibson is the managing partner of Cox, Koltak & Gibson. Admitted to the Ohio Bar in 1992, he represents injured workers before the Ohio Bureau of Workers’ Compensation and the Ohio Industrial Commission. He earned his J.D. from Capital University Law School in 1991.
Read Peter Gibson’s biographyOhio permanent partial disability benefits compensate qualifying permanent impairment caused by an allowed work injury or occupational disease. A percentage award, often called a C-92 award, is different from weekly wage replacement and from a settlement that closes benefits.
Cox, Koltak & Gibson helps workers in Columbus and throughout Ohio evaluate filing eligibility, review impairment ratings and respond to disputed awards. The important questions are what conditions are allowed, what permanent impairment the medical evidence supports and which type of award applies.
Percentage PPD and scheduled-loss awards are different
Ohio Revised Code § 4123.57 provides two important forms of permanent partial compensation. Division (A) addresses a percentage of permanent impairment supported by medical or clinical findings. Division (B) lists scheduled awards for specified losses, with separate requirements.
| Type | What determines the award | Key distinction |
|---|---|---|
| Percentage PPD | A medically supported impairment percentage and the applicable weekly rate. | A percentage of impairment is not a percentage of lost wages. |
| Scheduled loss | A qualifying loss and the statutory schedule for that loss. | The schedule uses its own weeks and payment rules. |
| Settlement | A negotiated agreement resolving specified claim rights. | A settlement is a separate transaction, not another name for PPD. |
For the body-part schedule and the distinction from settlement value, see our Ohio workers’ comp settlement and award guide. A knee, shoulder or back diagnosis does not automatically produce a fixed settlement amount.
To compare impairment awards with wage-replacement benefits, read our TTD, PPD and PTD comparison.
Who can apply, and when can a C-92 be filed?
A percentage award requires lasting impairment tied to the claim’s allowed conditions. You can be back at your job and still have an impairment. The assessment focuses on the permanent medical consequences of the work injury, rather than simply whether your current wages are lower.
Section 4123.57 generally requires waiting at least 26 weeks after the latest period of payments under § 4123.56, or wages paid in their place, ends. If there were no such payments, the period generally runs from the injury or contraction of the occupational disease. Temporary total, wage-loss and salary-continuation history therefore matter when determining the filing date.
Collect the actual payment record before calculating eligibility. Do not use the date of your last doctor visit or the day you returned to work as an automatic substitute. Older claims, prior awards and the claim’s jurisdiction can also affect what request remains available.
How is an Ohio percentage PPD award calculated?
Under § 4123.57(A), the ordinary calculation translates each percentage point into two weeks of compensation. The weekly rate is 66⅔% of average weekly wage, capped at one-third of the applicable statewide average weekly wage. The resulting award depends on both the percentage and the correct rate.
| Impairment percentage | Weeks before other applicable limits | Illustration using a $300 weekly rate |
|---|---|---|
| 5% | 10 weeks | $3,000 |
| 10% | 20 weeks | $6,000 |
| 20% | 40 weeks | $12,000 |
The $300 rate is hypothetical. These examples are not settlement offers or predictions about any injury. Prior awards and the statute’s aggregate limits must be considered; special treatment also applies at percentages of 90% or more. A scheduled-loss award uses a different calculation.
Ask to see the wage determination and rating used in your own claim. Comparing your award with a coworker’s check can be misleading if the injury year, wages, allowed conditions or prior percentages differ.
What happens after you file a C-92 application?
The C-92 is the application for a determination or increase of percentage permanent partial disability. BWC’s percentage PPD policy and procedure describes how applications and supporting information are processed.
For an initial determination, BWC schedules a medical examination and provides the resulting report to the parties. Review whether the examiner considered the correct allowed conditions and accurately recorded the findings. If you cannot attend, address the scheduling problem promptly; ignoring the examination can lead to dismissal of the application.
The rating should be based on medical findings, not on how persuasively you can describe a dollar amount you need. Explain your limitations accurately, bring requested information and avoid minimizing or exaggerating symptoms. Your attorney can assess whether additional medical evidence is needed to address a disputed rating.
Disputing a percentage award: watch the correct deadline
A BWC tentative percentage order can be challenged by a written objection within 20 days after receipt under § 4123.57. If an objection is filed on time, the dispute proceeds to a district hearing officer. The employer can object as well as the worker.
After a district hearing officer’s percentage decision, the statute provides a different, 10-day period after receipt for a request for reconsideration, review or modification. Do not assume the 14-day deadline used for many other workers’ compensation orders applies here. Read the particular order and obtain advice promptly.
A challenge should explain the medical disagreement. The issue might be an omitted allowed condition, a finding the report did not address or conflicting examination evidence. Our Industrial Commission hearing guide explains how to prepare for a contested proceeding.
Can PPD increase, and does an award close the claim?
A percentage award does not itself settle the claim. A later request for an increased percentage must meet the applicable evidentiary requirements; the passage of time alone does not establish an increase. New findings or an additional allowed condition may warrant review of whether another C-92 request is supported.
If a settlement has already been signed, its terms matter. Ohio Revised Code § 4123.65 permits agreements resolving specified claims or parts of claims. Have the agreement reviewed before assuming another award remains available.
PPD is also distinct from temporary total compensation, wage-loss benefits and permanent total disability. Each addresses a different legal question, and payment interactions should be evaluated in the actual claim.
Prepare for a PPD review in Columbus
- Claim number and a complete list of allowed conditions.
- Prior percentage awards, including awards in other claims.
- Temporary total, wage-loss and salary-continuation payment dates.
- The current examination report and relevant treating-provider records.
- Any tentative order or hearing decision, with the date received.
- Wage determinations and any previous settlement agreement.
Our Columbus workers’ compensation attorneys can use those records to evaluate timing, the type of award and whether a medical disagreement needs to be addressed. If you already have an order, call before the objection or reconsideration period expires.
Frequently Asked Questions
Can I receive PPD if I am still working?
Potentially, yes. A percentage PPD award addresses lasting impairment from allowed conditions, rather than simply replacing missed wages. Returning to work does not automatically defeat that claim. The medical findings, waiting period, prior awards and other statutory requirements still need to be evaluated.
Is an Ohio PPD award the same as a workers’ comp settlement?
No. A percentage award is a statutory benefit based on impairment and the applicable rate. A settlement is a negotiated agreement resolving specified claim rights. Receiving PPD does not by itself close the claim, while a settlement may limit future benefits depending on its terms.
How long do I have to object to a BWC tentative PPD order?
The percentage PPD statute provides 20 days after receipt of a tentative order to submit a written objection. A later district hearing officer decision has a different review procedure and deadline. Save the order and receipt information and have the specific decision reviewed promptly.
Does a 10% PPD rating mean I receive 10% of my wages?
No. In the ordinary percentage calculation, a 10% rating corresponds to 20 weeks of compensation at the applicable PPD weekly rate. That rate has its own statutory cap. Prior awards and other limits must also be reviewed; the rating does not set the value of a negotiated settlement.
Can I apply for a higher percentage later?
Possibly. A request for an increase needs appropriate support, such as medical evidence of new and changed circumstances or review of an additional allowed condition. A previous award, claim jurisdiction and any settlement affect the analysis. Time passing by itself is not proof of greater permanent impairment.
