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The MMI Trap: Why an Ohio BWC “Plateau” can be a Financial Crisis

The MMI Trap: Why an Ohio BWC “Plateau” can be a Financial Crisis

The MMI Trap: When the BWC Cuts Your Checks Before You’re Ready

For an Ohio injured worker, “Maximum Medical Improvement” (MMI) isn’t a medical milestone—it’s a financial cliff. Under Ohio Revised Code 4123.56(A), the system prepares to cut you off the moment a doctor decides you have “plateaued.”

Legal Authority: Under Ohio Administrative Code 4121-3-32(A)(1), MMI is a “treatment plateau” where no further functional improvement is expected.

⚠️ The Financial Crisis of MMI

When you are declared MMI, your TTD checks stop. You are stuck waiting for 26 weeks to file for your PPD award. This is when injured workers may wind up in foreclosure and find they can’t afford groceries for their families.

⚖️ The Supreme Court “Retroactive” Trap

In State ex rel. Dillon v. Industrial Commission, 2024-Ohio-744, the Supreme Court of Ohio ruled that the IC can terminate TTD retroactively to the date of the medical report. This leaves you with a massive overpayment debt.

How a Board Certified Specialist Fights Back

As a Board Certified Ohio Workers’ Compensation Specialist Attorney, Mike Gruhin helps by dismantling biased reports by obtaining rebuttal medical reports and citing to the defense doctor’s missing medical records review. Additionally, when appropriate, filing for flow-through conditions to keep your compensation moving.

Need Help Navigating the Process?

Make sure you are up to date on the New Forms. If you need legal representation for your Ohio Workers’ Compensation Claim, contact Mike Gruhin for your Free, No-Obligation Consultation.

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Or call us directly: 216-861-5555

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Disclaimer: This article provides general information and should not be considered legal advice. Case law cited: State ex rel. Dillon v. Indus. Comm., 2024-Ohio-744.

DISCLAIMER: THIS IS NOT LEGAL ADVICE.

By accessing any website page or website post, the reader agrees that (1) The information above is general in nature and is not legal advice; (2) No attorney-client relationship is created; (3) Each claim is unique and must be carefully evaluated on its specific facts under current Ohio law and the most recent court decisions; and, (4) Such evaluations require advice from an experienced Ohio Workers' Compensation Lawyer.