How May Temporary Total Disability Payments be Terminated?

How May Temporary Total Disability Payments be Terminated?

There are generally 5 ways an injured worker may have his or her temporary total compensation terminated:


(1) The claimant returns to work;

(2) The treating physician has made a written statement indicating the claimant's capability to return to the former position of employment;

(3) The temporary disability has become permanent;

(4) Work is made available to the claimant by the affected employer or another employer within the claimant's capabilities;

(5) The employee has reached maximum medical improvement.

The practical effect of termination of temporary total disability payments may be absolutely devastating to an injured worker.  More specifically, number (5) may blindside an injured worker because the finding usually comes not from the injured worker's treating physician, but  from a doctor completing an Independent Medical Exam (IME) on behalf of Ohio BWC or the employer.

In most cases, the physician doing the IME examines the injured worker only once.  And often, that exam may be completed in less than 30 minutes.

If the physician reports that as a result of the IME the injured worker has reached Maximum Medical Improvement, a term of art defined under bwc guidelines as "a treatment plateau at which no fundamental functional or physiological change can be expected within reasonable medical probability in spite of continuing medical or rehabilitative procedures", the claim will be referred to the Industrial Commission for a hearing on the issue of termination of temporary total compensation.

At that point, the injured worker has the burden of proof showing that he or she is entitled to continuing temporary total benefits.  If this occurs, the injured workers' best move is to have his or her treating physician review the IME report and provide a rebuttal report.  This is the most effective way for the injured worker to succeed at hearing and keep temporary total payments ongoing.