State ex rel. Adams v. Aluchem, Inc.

{¶ 32} In my opinion, the two-year limit on retroactive payment of compensation in R.C. 4123.52 does not apply to awards of statutory permanent total disability (“PTD”) compensation under R.C. 4123.58(C). Disability under this *646subsection is referred to as “statutory” PTD because it depends not on actual disability but only on the injuries specified in the statute, which are deemed to constitute PTD. In contrast, “vocational” PTD is based on actual proven inability to perform sustained remunerative employment. The two-year limitation in R.C. 4123.52 applies to relief for which an application…