Industrial Commission Adopts Resolution Applying Greene Decision
The Industrial Commission adopted Resolution R98-1-02 on February 12, 1998. The Resolution instructs Commission hearing officers how to apply the Franklin County Court of Appeals’ decision in Greene v. Conrad (8/21/97), Franklin Co. App. No. 96APE12-1780.The Greene decision held that a BWC decision to deny a claim for lack of evidence did not bar consideration of a subsequent claim.
The resolution applies:
- where the BWC issues a disallowance order in response to the original claim application on the basis claimant did not provide all the information requested by the BWC; or, there was insufficient information submitted to establish a claim;
- the claimant does not file an appeal from the BWC order;
- the claimant filed a new claim;
- the BWC denies the second claim, dismisses the second claim or refers the second claim to a DHO.
In the above situation, the resolution instructs hearing officers to decide the claim on the merits.
Editor’s Comment: Greene v. Conrad stands for the proposition that the original BWC order is not res judicata.