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Respectfully, this is not accurate, but I'd be interested in reviewing the applicable ORC code section and or case law that says differently.

@@maleklawfirm I dont know the ORC but I had a partial finger amputation at work 2 yrs ago, i got 1/3 loss of use check while i was still out on TT and after i went back to work a while my atty file for permanent pertial and i got a check for that too

@@imab-lever445 Yes, you can get a loss of use award and temporary total at the same time. In addition you can get a permanent partial award for other conditions as well. Sorry for your injury, but I'm glad you were compensated for your injury, and you are back working. Sounds like a reasonable outcome. Stay safe. Educate your fellow workers about their rights.

If you have an allowed workers comp claim, then you can pursue any condition. Typically the BWC treats pain as a symptom of a physical condition. For example you wouldn't pursue Radiculopathy, instead you'd pursue a herniated disc at L5-S1, or a herniated disc at L5-S1 with radiculopathy. Sometimes folks have severe injuries and in the affected body part they develop a condition called Complex Regional Pain Syndrome. You can pursue this condition through your claim. Bottomline you can pursue conditions through your workers comp claim, and via those conditions you can treat your symptoms.

@@maleklawfirmI had a accident and I crushed my hand broke both bones in my forearm and partially amputated now I have a lot of nerve pain and limited use of my hand I was already awarded loss of use for 2 of my fingers and I am gonna try for a loss of use for my arm and hand I wasn’t sure if I could file for nerve damage that is permanent

@@bigb3143 If there's a condition you can associate with the nerve damage, file for that condition. Simple rule in workers comp, you can seek the "right to participate" for conditions, but not pain or symptoms. You treat the pain or symptoms stemming from the condition. Reach out to your attorney, they'll be able to help you.

@@maleklawfirmthank you

If its easier, 2nd digit to the space where the 3rd digit previously existed. The idea was to eliminate the space on the hand for "aesthetic" reasons. Weird case, weird outcome.

This is definitely a "reach out to your attorney" question. The potential settlement value of your workers comp claim may be dependent on being found PTD. Your workers comp attorney sounds like they have been doing a good job for you thus far. You choose well. Sit down with them, they'll be able to explain to you their strategy going forward in relation to your claim.

Light duty job offers can be tricky. We run into this issue a lot at hearings. The decision will will turn on some little detail. I agree, about the issue with the IME's, less Independent more Defense Medical Exams. Anyways keep fighting !!!

Your experience is not uncommon. I'm going to start sending freedom of information requests to these IME docs. I'm curious how often they are used by the BWC/IC. Some of these doctors make half-a-million dollars a year doing IMEs and file reviews. Anyways, I wish you the best of luck with you claim. As hard as it might be, try to stay positive.

When did the dog bite occur, what state ?

Nope

@maleklawfirm I sent a email with videos I made Gerold.

Hi Jordan. I don't do unemployment hearings (I do workers comp hearings and trials). Attorney Greg has done these hearings on the employer's side in the past, email him greg@maleklawfirm.com. He might have some pointers/best practice. But hey, if what you are saying is true, then that's truth. I'm not suprised by much anymore. Some of the factual situations we run across border on the bizarre and incredible. I wish you the best of luck and success with your unemployment hearing !!

@@maleklawfirm Thank you sir. I knew what you were saying in your video wasn't unemployment but there was a lot of similar things that's why I asked. I might send an email to him. Legitimately no call off number. I was there a year I would know. If you missed days you would need to explain when you came in the next time and you would be excused. It was literally unreal. So how I was considered to have abandoned my job for violating the no call no show policy is one for the history books. How do you violate something that doesn't exist? The in person hearing is going to be rich. Especially if they have a representative show up. I'm gonna ask them to speak slowly and loudly for everyone to hear. What is the number to call off? Slam dunk. I demanded an in person hearing because of how incompetent they were. I want the 3 hearing officers to see me explain it in person. I'll update in a few weeks. Hearing is the 28th.

​@@maleklawfirm I did reach out to him. Gave me some really good detailed advice. Some pretty obvious and some not so much. So it will help. I will update whenever a decision is made. With the hearing date a few weeks away and another week or so to get a decision, I'll let ya know in about a month how it went. Thanks again

​@@maleklawfirm Won my case today 👍 $6k

Depends on your Average Weekly Wage. The %pp max rate for 2022 is $361.67, so if you got that %pp max rate, then yes a 32% ppd would be 64 x $361.67. Remember, this isn't a settlement. Its another form of comp. BTW, it sounds like you had a pretty significant injury. I'm sorry that happened to you. Hopefully you've made it out the other side.

@maleklawfirm thank you ! My lawyer has been doing the best he can but at this point in exhausted 😅. It was a shoulder tear some lower lumbar damage fell about 12 ft head first. The commissioner ruled on it about 2 weeks ago. Now I'm just trying to figure out when I'll receive it since I finally figured out a ball park of what to expect

You can receive PTD compensation anywhere in the world. You want to move to Mexico, go ahead, you'll continue to receive PTD comp assuming you are otherwise qualified. The challenge will be if you need treatment in the other country for the conditions allowed in your claim. You'll need to find a doctor who will become Ohio BWC certified and submit the appropriate doctors to get the treatment authorized through the claim. Its not impossible, but it can be difficult. Similar challenge for folks with Ohio BWC claims who move to another state, but in this instance you add additionally layers of complexity: language, etc. It will also be a challenge for the BWC if they want to schedule an IME, and you've back to Uzbekistan. Ohio has folks from all over the world living/working here. Folks from all over the world get injured here. So we run into some unique situations. Nevertheless the same rules apply in Ohio as in anywhere in the United States or the world. If you are receiving TTD comp or PTD comp, you cannot work. Its not like ssd where you can work up to a certain point, with ttd/ptd comp you cannot work anywhere. if you work whilst receiving PTD comp then you may be found criminally liable for fraud.

Thanks for the information

@@BlueEyedIndian1 Any update ? Did you move to Mexico ?

No I’m in states still

Good question. Certainly there may be an intentional tort lawsuit. At some point I'll sit down and make a video about intentional torts suits in the context of a workers comp claim. A entire different dynamic comes into play, including the burden of proof, and the defenses available to the employer. Workers comp no fault system, so employer can't assert the injured worker is partially/wholly negligent for his own injury. These sorts of things can be used by the employer. If you think you have an intentional tort lawsuit, 1000% reach out to attorney about your situation. Very involved cases, a lot of moving parts.

I wish. Blind as a bat.

Is this a mandumus case, what's the cite ?

Thank The low AWW rates can be devastating to folks in Ohio. One of those things that folks tend to be gobsmacked about after they learn how much they'll get paid each week. BTW every once in a while we'll get contacted by folks with purely NY claims. I'll point them in your direction.

No problem. Hope it gives you some clarity.

I have this same scenario going on in my case

@@lisapeytonwilson441 Right on. New development. The 10th district rejected the employer's appeal. The employer has since appealed that decision to the Ohio S. Court. The Ohio S. Court is fairly conservative at this point. That's what the folks of Ohio voted for. Conservative benches tend to lean towards conservative decisions, conservative decisions typically favor employers. Will that pattern play out in this instance, we'll see how it plays out.

Hi Cole. Typical things requested in a C86: additional conditions, payment of treatment, back periods of temporary total disability comp, wage adjustments, and in the case of Self-Insured claims, payment of medical treatment, retro-active payment of bills.

If all you need is epidural injections to improve your quality of life, I'd limit yourself to those. Anytime you undergo surgery there's a potential for complications and negative outcomes, like post-laminectomy syndrome. In regards to a workers comp claim, if you have back surgery approved, but not undertaken, that would definately be something the company you are settling with would include in their settlement valuation. PI settlements are an entire different beast than workers comp settlements. (workers comp only considers economic damages, pi considers economic and things like pain and suffering, punitive damages). Talk to your PI attorney; if you settle your PI claim you'll like have to subrogate some or all the money the workers comp claim has paid out. Good luck.

@@maleklawfirm thanks so much for responding. My back surgeon recommended surgery but of course the insurance denied it and wants me to go with a epidural shot & physical therapy first. Really appreciate the info

I'm looking for a personal injury lawyer as of now I think you will get proper compensation that way

Hopefully you win ! If you are unsure whatsoever reach out for a workers comp attorney. Please, please, please get an attorney involved. Ask your friends what attorney they've used. You usually can't go wrong that way. Otherwise go on google. Established competent claimants attorney include but are not limited to: goodman law, larrimer larrimer, bainbridge, agee clymer, cox koltak gibson, knisley, zamora, etc. If the firm has been around for awhile they'll know their business. Again, good luck, I hope you win!!

Apologize for the late reply. Is this an Ohio claim ? If this is an Ohio claim, the calculation would be based on all wages earned during the snapshot period, divided by 52. For example, lets say you got injured on July 2, 2022. The snapshot period would be July 2, 2021 through July 2, 2022, divided by 52. They wouldn't take earnings outside of that snapshot period. Now lets say the only evidence you have for July 2, 2021 through December 31, 2021 is your W2's. You should take your W2's, divide by 52, that's your weekly rate. Then determine how many weeks you worked from July 2, 2021 through December 31, 2021. Multiply that weekly rate times those number of weeks. That's the money you earned in 2021. Add that to the paystubs or whatever in 2022. Divide everything by 52. Mutliple ways to skin a cat when calculating your AWW. If you believe your average weekly wage is low, ask your workers comp attorney to file a motion to calcuate your wage rate. What you need to give your attorney is: 1.) evidence of money you have earned over the snapshot period: w2's, paystubs, 1099's, deposit slips, etc. 2.) Precise weeks you were not working, and the exact, specific reason you were not working during these weeks. They file the motion, you go to a hearing, voila hopefully your AWW is higher and you catch the comp you should have been paid at this higher rate.

@@maleklawfirm Thanks so much

Yes. It is a point of frustration/misunderstanding for nearly everyone. Workers comp settlements should be more generous but non-economic damages and punitive damages don't come into the calculation.

It's really unfair to the employee. Designed to protect employers. They need to revamp

Thanks Kate. Same here!!