State ex rel. Burrows v. Industrial Commission

Two issues are presented for our review: (1) Did the commission err in dismissing Burrows’s PPD application as untimely? and (2) Are claimants eligible for PPD under R.C. 4123.57(A) if receiving living maintenance wage loss compensation under R.C. 4121.67(B)? For the reasons that follow, we hold that R.C. 4123.57(A) imposes the forty-week waiting period for TTD paid specifically pursuant to R.C. 4123.56, notwithstanding that claimants cannot be paid living maintenance wage loss compensation and R.C. 4123.57(A) PPD at the same time. Accordingly, we affirm.

*80 R.C. 4123.57 Waiting Period

The…