(A) Purpose
The purpose of this rule is to ensure that
applications for compensation for permanent total disability are processed and
adjudicated in a fair and timely manner. This rule applies to the adjudication
of all applications for compensation for permanent total disability filed on or
after the effective date of this rule.
(B) Definitions
The following definitions shall apply to the
adjudication of all applications for compensation for permanent total
disability:
(1) "Permanent total
disability" means the inability to perform sustained remunerative
employment due to the allowed condition(s) in the claim(s).
The purpose of permanent total disability
benefits is to compensate an injured worker for impairment of earning
capacity.
The term "permanent" as applied to
disability under the workers' compensation law does not mean that such
disability must necessarily continue for the life of the injured worker but
that it will, within reasonable probability, continue for an indefinite period
of time without any present indication of recovery therefrom.
(2) Classification of
physical demands of work:
(a) "Sedentary work" means exerting up to ten pounds of
force occasionally (occasionally: activity or condition exists up to one-third
of the time) and/or a negligible amount of force frequently (frequently:
activity or condition exists from one-third to two-thirds of the time) to lift,
carry, push, pull, or otherwise move objects. Sedentary work involves sitting
most of the time, but may involve walking or standing for brief periods of
time. Jobs are sedentary if walking and standing are required only occasionally
and all other sedentary criteria are met.
(b) "Light work" means exerting up to twenty pounds of
force occasionally, and/or up to ten pounds of force frequently, and/or a
negligible amount of force constantly (constantly: activity or condition exists
two-thirds or more of the time) to move objects. Physical demand may be only a
negligible amount, a job should be rated light work: (i) when it requires
walking or standing to a significant degree; or (ii) when it requires sitting
most of the time but entails pushing and/or pulling or arm or leg controls;
and/or (iii) when the job requires working at a production rate pace entailing
the constant pushing and/or pulling of materials even though the weight of
those materials is negligible.
(c) "Medium work" means exerting twenty to fifty pounds
of force occasionally, and/or ten to twenty-five pounds of force frequently,
and/or greater than negligible up to ten pounds of force constantly to move
objects. Physical demand requirements are in excess of those for light
work.
(d) "Heavy work" means exerting fifty to one hundred
pounds of force occasionally, and/or twenty to fifty pounds of force frequently
and/or ten to twenty pounds of force constantly to move objects. Physical
demand requirements are in excess of those for medium work.
(e) "Very heavy work" means exerting in excess of one
hundred pounds of force occasionally, and/or in excess of fifty pounds of force
frequently, and/or in excess of twenty pounds of force constantly to move
objects. Physical demand requirements are in excess of those for heavy
work.
(3) Vocational
factors:
(a) "Age" shall be determined at time of the
adjudication of the application for permanent total disability. In general, age
refers to one's chronological age and the extent to which one's age
affects the ability to adapt to a new work situation and to do work in
competition with others.
(b) "Education" is primarily used to mean formal
schooling or other training which contributes to the ability to meet vocational
requirements. The numerical grade level may not represent one's actual
educational abilities. If there is no other evidence to contradict it, the
numerical grade level will be used to determine educational
abilities.
(i) "Illiteracy" is the inability to read or write. An
injured worker is considered illiterate if the injured worker cannot read or
write a simple message, such as instructions or an inventory list, even though
the person can sign his or her name.
(ii) "Marginal
education" means sixth grade level or less. An injured worker will have
ability in reasoning, arithmetic, and language skills which are needed to do
simple unskilled types of work. Generally, formal schooling at sixth grade
level or less is marginal education.
(iii) "Limited
education" means seventh grade level through eleventh grade level. Limited
education means ability in reasoning, arithmetic and language skills but not
enough to allow an injured worker with these educational qualifications to do
most of the more complex job duties needed in semi-skilled or skilled jobs.
Generally, seventh grade through eleventh grade formal education is limited
education.
(iv) "High school
education or above" means twelfth grade level or above. The G.E.D. is
equivalent to high school education. High school education or above means
ability in reasoning, arithmetic, and language skills acquired through formal
schooling at twelfth grade education or above. Generally an individual with
these educational abilities can perform semi-skilled through skilled
work.
(c) "Work experience":
(i) "Unskilled
work" is work that needs little or no judgment to do simple duties that
can be learned on the job in a short period of time. The job may or may not
require considerable strength. Jobs are unskilled if the primary work duties
are handling, feeding, and off bearing (placing or removing materials from
machines which are automatic or operated by others), or machine tending and a
person can usually learn to do the job in thirty days and little specific
vocational preparation and judgment are needed.
(ii) "Semi-skilled
work" is work that needs some skills but does not require doing the more
complex work duties. Semi-skilled jobs may require close attention to watching
machine processes or inspecting, testing, or otherwise looking for
irregularities or tending or guarding equipment, property, material, or persons
against loss, damage, or injury and other types of activities which are
similarly less complex than skilled work but more complex than unskilled work.
A job may be classified as semi-skilled where coordination and dexterity are
necessary, as when hands or feet must be moved quickly in a repetitive
task.
(iii) "Skilled
work" is work that requires qualifications in which a person uses judgment
or involves dealing with people, factors or figures or substantial ideas at a
high level of complexity. Skilled work may require qualifications in which a
person uses judgment to determine the machine and manual operations to be
performed in order to obtain the proper form, quality, or quantity to be
produced. Skilled work may require laying out work, estimating quality,
determine the suitability and needed quantities of materials, making precise
measurements, reading blue prints or other specifications, or making necessary
computations or mechanical adjustments or control or regulate the
work.
(iv) "Transferability of skills" are skills that can be
used in other work activities. Transferability will depend upon the similarity
of occupational work activities that have been performed by the injured worker.
Skills which an individual has obtained through working at past relevant work
may qualify individuals for some other type of employment.
(v) "Previous work
experience" is to include the injured worker's usual occupation,
other past occupations, and the skills and abilities acquired through past
employment which demonstrate the type of work the injured worker may be able to
perform. Evidence may show that an injured worker has the training or past work
experience which enables the injured worker to engage in sustained remunerative
employment in another occupation. The relevance and transferability of previous
work skills are to be addressed by the adjudicator.
(4) "Residual
functional capacity" means the maximum degree to which the injured worker
has the capacity for sustained performance of the physical-mental requirements
of jobs as these relate to the allowed conditions in the claim(s).
(5) "Maximum medical
improvement" is a treatment plateau (static or well-stabilized) at which
no fundamental functional or physiological change can be expected within
reasonable medical probability in spite of continuing medical or rehabilitative
procedures. An injured worker may need supportive treatment to maintain this
level of function.
(C) Processing of applications for
compensation for permanent total disability
The following procedures shall apply to
applications for compensation for permanent total disability that are filed on
or after the effective date of this rule.
(1) Each application for
compensation for permanent total disability shall identify, if already on file,
or be accompanied by medical evidence from a physician, or a psychologist or a
psychiatric specialist in a claim that has been allowed for a psychiatric or
psychological condition(s), that supports an application for compensation for
permanent total disability. The medical examination upon which the report is
based must be performed within twenty-four months prior to the date of filing
of the application for compensation for permanent total disability. The medical
evidence used to support an application for compensation for permanent total
disability is to provide an opinion that addresses the injured worker's
physical and/or mental limitations resulting from the allowed conditions in the
claim(s). Medical evidence which provides an opinion addressing such
limitations, but which also contains a conclusion as to whether an injured
worker is permanently and totally disabled, may be considered by a hearing
officer. A vocational expert's opinion, by itself, is insufficient to
support an application for compensation for permanent total disability. If an
application for compensation for permanent total disability is filed that does
not meet the filing requirements of this rule, or if proper medical evidence is
not identified within the claim file, the application shall be dismissed
without hearing. Where it is determined at the time the application for
compensation for permanent total disability is filed that the claim file
contains the required medical evidence, the application for compensation for
permanent total disability shall be adjudicated on its merits as provided in
this rule absent withdrawal of the application for compensation for permanent
total disability.
(2) At the time the
application for compensation for permanent total disability is filed with the
industrial commission, the industrial commission shall serve a copy of the
application together with copies of supporting documents to the employer's
representative (if the employer is represented), or to the employer (if the
employer is not represented) along with a letter acknowledging the receipt of
the application for compensation for permanent total disability.
(3) A claims examiner
shall initially review the application for compensation for permanent total
disability.
(a) If it is determined there is a written agreement to award
permanent total disability compensation entered into between the injured
worker, the employer, and the administrator in claims involving state fund
employers, the application shall be adjudicated, and an order issued, without a
hearing.
(b) If it is determined that the injured worker is requesting an
award of permanent total disability compensation under division (C) of section
4123.58 of the Revised Code (statutory permanent total disability), the
application shall be adjudicated in accordance with paragraph (E) of this
rule.
(c) If a motion requesting recognition of additional conditions
is filed on or prior to the date of filing of the application for compensation
for permanent total disability, such motion(s) shall be processed prior to the
processing of the application for compensation for permanent total disability.
However, if a motion for recognition of an additional condition is filed
subsequent to the date of filing of the application for compensation for
permanent total disability, the motion(s) shall be processed subsequent to the
determination of the application for compensation for permanent total
disability.
(4)
(a) The injured worker shall ensure that copies of medical
records, information, and reports that the injured worker intends to introduce
and rely on that are relevant to the adjudication of the application for
compensation for permanent total disability from physicians who treated or
consulted the injured worker that may or may not have been previously filed in
the workers' compensation claim files, are contained within the file(s) at
the time of filing an application for compensation for permanent total
disability.
(b) The employer shall be provided fourteen days after the date
of the industrial commission acknowledgment letter provided for in paragraph
(C)(2) of this rule to notify the industrial commission if the employer intends
to submit to the industrial commission medical evidence relating to the issue
of permanent total disability compensation. Should the employer make such
written notification the employer shall submit such medical evidence to the
industrial commission within sixty days after the date of the industrial
commission acknowledgment letter unless relief is provided to the employer
under paragraph (C)(4)(d) of this rule. Should the employer fail to make such
written notification within fourteen days after the date of the industrial
commission acknowledgment letter, the employer shall be provided sixty days
after the date of the industrial commission acknowledgment letter to submit
medical evidence relating to the issue of permanent total disability
compensation to the industrial commission, but the scheduling of the injured
worker for appropriate medical examinations by physicians selected by the
industrial commission under paragraph (C)(5)(a)(iii) of this rule will proceed
without delay.
(c) If the injured worker or the employer has made a good faith
effort to obtain medical evidence described in paragraph (C)(4)(a) or (C)(4)(b)
of this rule and has been unable to obtain such evidence, the injured worker or
the employer may request that the hearing administrator issue a subpoena to
obtain such evidence. Prior to the issuance of a subpoena, the hearing
administrator shall review the evidence submitted by the injured worker or the
employer that demonstrates the good faith effort to obtain medical evidence.
Should a subpoena be issued, it shall be served by the party requesting the
issuance of a subpoena.
(d) Upon the request of either the injured worker or the employer
and upon good cause shown, the hearing administrator may provide an extension
of time, to obtain the medical evidence described in paragraphs (C)(4)(a) and
(C)(4)(b) of this rule. Thereafter, no further medical evidence will be
admissible other than additional medical evidence approved by a hearing
administrator that is found to be newly discovered medical evidence that is
relevant to the issue of permanent total disability compensation and which, by
due diligence, could not have been obtained under paragraph (C)(4)(a) or
(C)(4)(b) of this rule.
(5)
(a) Following the date of filing of the application for
compensation for permanent total disability, the claims examiner shall perform
the following activities:
(i) Obtain all the claim
files identified by the injured worker on the application for compensation for
permanent total disability and any additional claim files involving the same
body part(s) as those claims identified on the application.
(ii) Copy all relevant
documents as deemed pertinent by the industrial commission including evidence
provided under paragraphs (C)(1) and (C)(4) of this rule and submit the same to
an examining physician(s) to be selected by the claims examiner.
(iii) Schedule
appropriate medical examination(s) by physician(s) to be selected by the
industrial commission provided that the scheduling of said examination(s) shall
not be delayed where the employer fails to notify the industrial commission
within fourteen days after the date of the industrial commission acknowledgment
letter that it intends to submit medical evidence to the industrial commission
relating to the issue of permanent total disability compensation.
(iv) Prepare a statement
of facts. A copy of the statement of facts shall be mailed to the parties and
their representatives by the industrial commission.
(6)
(a) After the reports of the commission medical examinations have
been received, the hearing administrator may refer the claim to an adjudicator
to consider the issuance of a tentative order, without a hearing.
(i) Within fourteen days
of the receipt of the tentative order adjudicating the merits of an application
for compensation for permanent total disability, a party may file a written
objection to the order. Unless the party notifies the commission in writing of
the objection to the tentative order within fourteen days after the date of
receipt of the tentative order, the tentative order shall become final with
regard to the award of permanent total disability compensation. A party may
file a written request to change the start date or allocation of permanent
total disability compensation within thirty days of the receipt of the
tentative order adjudicating the merits of an application for compensation for
permanent total disability.
(ii) In the event a party
makes written notification to the industrial commission of an objection within
fourteen days of the date of the receipt of the tentative order, the
application for compensation for permanent total disability shall be set for
hearing.
(b) If the hearing administrator determines that the case should
not be referred for consideration of issuance of a tentative order by an
adjudicator, the hearing administrator shall notify the parties to the claim
that a party has fourteen days from the date that copies of reports of the
industrial commission medical examinations are submitted to the parties within
which to make written notification to the industrial commission of a
party's intent to submit additional vocational information to the
industrial commission that is relevant to the adjudication of the application
for compensation for permanent total disability.
(i) Unless a party
notifies the commission within the aforementioned fourteen-day period of the
party's intent to submit additional vocational information to the
commission, a party will be deemed to have waived its ability to submit
additional vocational information to the industrial commission that is relevant
to the adjudication of the application for compensation for permanent
total.
(ii) Should a party
provide timely notification to the industrial commission of its intent to
submit additional vocational information, the additional vocational information
shall be submitted to the industrial commission within forty-five days from the
date the copies of the reports of industrial commission medical examinations
are submitted to the parties. Upon expiration of the forty-five day period no
further vocational information will be accepted without prior approval from the
hearing administrator.
(7) If the employer or
the injured worker request, for good cause shown, that a pre-hearing conference
be scheduled, a pre-hearing conference shall be set. The request for a
pre-hearing conference shall include the identification of the issues that the
requesting party desires to be considered at the pre-hearing conference. The
hearing administrator may also schedule a pre-hearing conference when deemed
necessary on any matter concerning the processing of an application for
compensation for permanent total disability, including but not limited to,
motions that are filed subsequent to the filing of the application for
compensation for permanent total disability.
Notice of a pre-hearing conference is to be
provided to the parties and their representatives no less than fourteen days
prior to the pre-hearing conference. The pre-hearing conference may be by
telephone conference call, or in-person at the discretion of the hearing
administrator and is to be conducted by a hearing administrator.
The failure of a party to request a pre-hearing
conference or to raise an issue at a pre-hearing conference held under
paragraph (C)(8) of this rule, does not act to waive any assertion, argument,
or defense that may be raised at a hearing held under paragraphs (D) and (E) of
this rule.
(8) Should a pre-hearing
conference be held, the hearing administrator is not limited to the
consideration of the issues set forth in paragraphs (C)(8)(a) to (C)(8)(i) of
this rule, but may also address any other matter concerning the processing of
an application for compensation for permanent total disability. At a
pre-hearing conference the parties should be prepared to discuss the following
issues:
(a) Evidence of retirement issues.
(b) Evidence of refusal to work or evidence of refusal or failure
to respond to written job offers of sustained remunerative
employment.
(c) Evidence of job description.
(d) Evidence of rehabilitation efforts.
(e) Exchange of accurate medical history, including surgical
history.
(f) Agreement as to allowed condition(s) in the
claim.
(g) Scheduling of additional medical examinations, if
necessary.
(h) Ensure that deposition requests that have been granted
pursuant to industrial commission rules are completed and transcripts
submitted.
(i) Settlement status.
(9) At the conclusion of
the pre-hearing conference, a date for hearing before a staff hearing officer
shall be scheduled no earlier than fourteen days subsequent to the date of the
pre-hearing conference. After the pre-hearing conference, unless authorized by
the hearing administrator, no additional evidence on the issue of permanent
total disability compensation shall be submitted to the claim file. If the
parties attempt to submit additional evidence on the issue of permanent total
disability compensation, the evidence will not be admissible on the
adjudication the application for compensation for permanent total
disability.
(10) The time frames
established herein in paragraph (C) of this rule can be waived by mutual
agreement of the parties by motion to a hearing administrator, except where
otherwise specified.
(11) The applicant may
dismiss the application for compensation for permanent total disability any
time up to the determination of the hearing on the merits of the application.
Should a party dismiss an for compensation for permanent total disability
application prior to its adjudication, the industrial commission's medical
evidence obtained will be valid twenty-four months from the date of
dismissal.
(D) Guidelines for adjudication of
compensation for applications for permanent total disability
The following guidelines shall be followed by the
adjudicator in the sequential evaluation of applications for compensation for
permanent total disability:
(1)
(a) If the adjudicator finds that the injured worker meets the
definition of statutory permanent total disability pursuant to division (C) of
section 4123.58 of the Revised Code, due to the loss or loss of use of both
hands or both arms, or both feet or both legs, or both eyes, or any two
thereof, the injured worker shall be found permanently and totally disabled,
and a tentative order shall be issued.
Should an objection be filed from a tentative
order, a hearing shall be scheduled. (Reference paragraph (E) of this
rule).
(b) If, after hearing, the adjudicator finds that the injured
worker is engaged in sustained remunerative employment, the injured
worker's application for compensation for permanent total disability shall
be denied, unless the injured worker qualifies for an award under division (C)
of section 4123.58 of the Revised Code.
(c) If, after hearing, the adjudicator finds that the injured
worker is medically able to return to the former position of employment, the
injured worker shall be found not to be permanently and totally
disabled.
(d) If, after hearing, the adjudicator finds that the injured
worker is not working for reasons unrelated to the allowed injury or
occupational disease, the injured worker shall be found not to be permanently
and totally disabled.
(e) If, after hearing, the adjudicator finds that the injured
worker was offered and refused and/or failed to accept a good-faith offer of
sustained remunerative employment that was made prior to the pre-hearing
conference described in paragraph (C)(9) of this rule where there is a written
job offer detailing the specific physical/mental requirements and the duties of
the job are within the physical/mental capabilities of the injured worker, the
injured worker shall be found not to be permanently and totally
disabled.
(f) If, after hearing, the adjudicator finds that the injured
worker's allowed medical condition(s) is temporary and has not reached
maximum medical improvement, the injured worker shall be found not to be
permanently and totally disabled because the condition(s) remains temporary. In
claims involving state fund employers, the claim shall be referred to the
administrator to consider the issuance of an order on the question of
entitlement to temporary total disability compensation. In claims involving
self-insuring employers, the self-insuring employer shall be notified to
consider the question of the injured worker's entitlement to temporary
total disability compensation.
(g) If, after hearing, the adjudicator determines that there is
appropriate evidence which indicates the injured worker's age is the sole
cause or primary obstacle which serves as a significant impediment to
reemployment, permanent total disability compensation shall be denied. However,
a decision based upon age must always involve a case-by-case analysis. The
injured worker's age should also be considered in conjunction with other
relevant and appropriate aspects of the injured worker's nonmedical
profile.
(h) If, after hearing, the adjudicator finds that the allowed
condition(s) is the proximate cause of the injured worker's inability to
perform sustained remunerative employment, the adjudicator is to proceed in the
sequential evaluation of the application for compensation for permanent total
disability in accordance with the provisions of paragraph (D) of this rule.
However, should the adjudicator finds that non-allowed conditions are the
proximate cause of the injured worker's inability to perform sustained
remunerative employment, the injured worker shall be found not to be
permanently and totally disabled.
(i) If, after hearing, the adjudicator finds that injured
worker's inability to perform sustained remunerative employment is the
result of a pre-existing condition(s) allowed by aggravation, the adjudicator
is to continue in the sequential evaluation of the application for compensation
for permanent total disability in accordance with the provisions of paragraph
(D) of this rule. However, should the adjudicator find that a non-allowed
pre-existing condition(s) is the proximate cause of the injured worker's
inability to perform sustained remunerative employment, the injured worker
shall be found not to be permanently and totally disabled.
(2)
(a) If, after hearing, the adjudicator finds that the medical
impairment resulting from the allowed condition(s) in the claim(s) prohibits
the injured worker's return to the former position of employment as well
as prohibits the injured worker from performing any sustained remunerative
employment, the injured worker shall be found to be permanently and totally
disabled, without reference to the vocational factors listed in paragraph
(B)(3) of this rule.
(b) If, after hearing, the adjudicator finds that the injured
worker, based on the medical impairment resulting from the allowed condition(s)
in the claim(s) is unable to return to the former position of employment but
may be able to engage in sustained remunerative employment, the non-medical
factors shall be considered by the adjudicator.
The non-medical factors that are to be
reviewed are the injured worker's age, education, work record, and all
other factors, such as physical, psychological, and sociological, that are
contained within the record that might be important to the determination as to
whether the injured worker may return to the job market by using past
employment skills or those skills which may be reasonably developed.
(Vocational factors are defined in paragraph (B) of this rule).
(c) If, after hearing and review of relevant vocational evidence
and non-medical disability factors, as described in paragraph (D)(2)(b) of this
rule the adjudicator finds that the injured worker can return to sustained
remunerative employment by using past employment skills or those skills which
may be reasonably developed through retraining or through rehabilitation, the
injured worker shall be found not to be permanently and totally
disabled.
(3) Factors considered in
the adjudication of all applications for compensation for permanent total
disability:
(a) The burden of proof shall be on the injured worker to
establish a case of permanent total disability. The burden of proof is by
preponderance of the evidence. The injured worker must establish that the
disability is permanent and that the inability to work is causally related to
the allowed condition(s) in the claim(s).
(b) In adjudicating an application for compensation for permanent
total disability, the adjudicator must determine whether the disability is
permanent, the inability to work is due to the allowed condition(s) in the
claim(s), and the injured worker is not capable of sustained remunerative
employment.
(c) The industrial commission has the exclusive authority to
determine disputed facts, the weight of the evidence, and
credibility.
(d) All medical evidence of impairment shall be based on
objective findings reasonably demonstrable and medical reports that are
submitted shall be in conformity with the industrial commission medical
examination manual.
(e) If the adjudicator concludes from evidence that there is no
proximate causal relationship between the industrial injury and the inability
to work, the order shall clearly explain the reasoning and basis for the
decision.
(f) The adjudicator shall not consider the injured worker's
percentage of permanent partial impairment as the sole basis for adjudicating
an application for compensation for permanent total disability.
(g) The adjudicator is to review all relevant factors in the
record that may affect the injured worker's ability to work.
(h) The adjudicator shall prepare orders on a case by case basis
which are fact specific and which contain the reasons explaining the decision.
The orders must specifically state what evidence has been relied upon in
reaching the conclusion and explain the basis for the decision. In orders that
are issued under paragraphs (D)(2)(b) and (D)(2)(c) of this rule the
adjudicator is to specifically list the non-medical disability factors within
the order and state how such factors interact with the medical impairment
resulting from the allowed condition(s) in the claim(s) in reaching the
decision.
(i) In claims in which a psychiatric condition(s) has been
allowed and the injured worker retains the physical ability to engage in some
sustained remunerative employment, the adjudicator shall consider whether the
allowed psychiatric condition(s) in combination with the allowed physical
condition(s) prevents the injured worker from engaging in sustained
remunerative employment.
(E) Statutory permanent total
disability
Division (C) of section 4123.58 of the Revised
Code provides that the loss or loss of use of both hands or both arms, or both
feet or both legs, or both eyes, or any two thereof, constitutes total and
permanent disability.
(1) In all claims where
the evidence on file clearly demonstrates actual physical loss, or the
permanent and total loss of use occurring at the time of injury secondary to a
traumatic spinal cord injury or head injury, of both hands or both arms, or
both feet or both legs, or both eyes, or any two thereof, the claim shall be
referred to be reviewed by a staff hearing officer of the commission.
Subsequent to review, the staff hearing officer shall, without hearing, enter a
tentative order finding the injured worker to be entitled to compensation for
permanent total disability under division (C) of section 4123.58 of the Revised
Code. If an objection is made, the claim shall be scheduled for
hearing.
(a) Within thirty days of the receipt of the tentative order
adjudicating the merits of an application for compensation for permanent total
disability, a party may file a written objection to the order. Unless the party
notifies the industrial commission in writing of the objection to the tentative
order within thirty days after the date of receipt of the tentative order, the
tentative order shall become final.
(b) In the event a party makes written notification to the
industrial commission of an objection within thirty days of the date of the
receipt of the tentative order, the application for compensation for permanent
total disability shall be set for hearing and adjudicated on its
merits.
(2) In all other cases
filed under division (C) of section 4123.58 of the Revised Code, if the staff
hearing officer finds that the injured worker meets the definition of statutory
permanent and total disability pursuant to division (C) of section 4123.58 of
the Revised Code, due to the loss of use of both hands or both arms, or both
feet or both legs, or both eyes, or any two thereof, the staff hearing officer,
without a hearing, is to issue a tentative order finding the injured worker to
be permanently and totally disabled under division (C) of section 4123.58 of
the Revised Code. An objection to the tentative order may be made pursuant to
paragraphs (E)(1)(a) and (E)(1)(b) of this rule.
