Partial (TP) Compensation – Change of Election
4123.57 (prior to 08/22/86); Senate Bill (SB) 307-116th General
Assembly, approved 05/23/86 and codified into R.C. 4123.57 in which temporary
partial is no longer recognized as a compensation available in claims with a
date of injury 08/22/86 or later.
Percy, Chief of Operational Policy, Analytics & Compliance (Signature on
# CP-20-03 effective 11/17/2015
purpose of this policy is to ensure that BWC staff properly manages claims in
which compensation for temporary partial compensation – change of election (TP)
policy applies to Field Operations staff.
of election: Occurs when an injured worker (IW) requests an impairment of earning
capacity award paid bi-weekly until the maximum is reached or requests a
percentage of a permanent partial award for medical impairment paid in one lump
The estimated amount of money the IW could have earned or could now earn.
partial (TP) compensation: An award that, when requested, is payable in claims with a
date of injury (DOI) or date of disability (DOD) prior to 08/22/86 and is based on the IW’s whole body
impairment as the result of the allowed conditions in the claim. The award is
based on a comparison between the IW’s earning capacity prior to the injury and
the earning capacity after the injury.
A. It is the policy of BWC to process TP
claims that meet the following criteria:
1. The DOI or DOD was prior to 08/22/86;
2. The IW demonstrated impairment in
earning capacity; and
3. The IW has elected to receive TP;
4. The IW has a date of injury prior to
08/22/86, and he/she is receiving benefits under R.C. 4123.57(B), and has
requested a change of election pursuant to R.C. 4123.57(A).
B. It is BWC’s policy to refer new requests
for TP to the Industrial Commission of Ohio (IC).
C. TP Payments
1. State, ex rel. Bouchonville
v. Indus. Comm.,
(1988), 36 Ohio St.3d 50
a. It is BWC’s policy that claims with
previous IC or BWC orders awarding TP pursuant to the Bouchonville
court case be calculated in accordance with this case.
b. Pursuant to the Bouchonville
case, TP is paid up to the maximum amount for the injury year, less any
previously paid percent permanent partial (%PP).
c. The IW does not have to submit an Employer
Report of Earnings for Wage Loss Compensation (C-142).
d. BWC shall continue to pay TP when a wage
statement is filed to support the payment.
i. An employer’s objection to ongoing TP
payment, with or without evidence for the objection, shall be referred to the
IC for Hearing.
TP shall continue to be
paid with supporting wage statements pending the outcome of the hearing.
2. State, ex rel. Eaton corp., v.
(1993), 66 Ohio St. 3d 180
a. It is BWC’s policy that orders awarding
TP pursuant to the Eaton court case require the IW to demonstrate that
the IW’s earning capacity post-injury has been impaired compared to the
pre-injury earning capacity.
b. The determination of pre-injury and
post-injury earning capacity is based on both physical and non-medical factors
(e.g., age, level of education, work experience, training).
3. Concurrent Payments
a. Same claim:
i. It is BWC’s policy that the following
compensation types, when paid in the same claim, are payable concurrently with
a) Scheduled loss (SL);
b) Facial disfigurement (FD); and
c) Violation of specific safety
It is BWC’s policy that the
following compensation types, when paid in the same claim, are not payable
concurrently with TP:
a) Change of occupation (COO);
b) Death (accrued up to the date of death);
c) Disabled workers’ relief fund (DWRF);
d) Living maintenance (LM);
e) Living maintenance wage loss (LMWL);
% Permanent partial (%PP);
g) Permanent total disability (PTD);
h) Temporary total (TT); and
i) Wage loss (WL).
b. Different claim:
i. It is BWC’s policy that the following compensation
types, when paid in a different claim of the IW’s, are payable concurrently
c) FD; and
It is BWC’s policy that the
following compensation types, when paid in a different claim of the IW’s, are
not payable concurrently with TP:
h) TT; and
4. When the IW requests a change of
election, it is BWC’s policy to deduct any previously paid percentage of permanent
partial (%PP) compensation granted under R.C. 4123.57(B) from the TP award.
BWC staff may refer to
the corresponding procedure for this policy entitled “Procedure for Temporary
Partial Compensation – Change of Election” for further guidance.