Industrial Commission Adopts Resolution Applying Greene Decision

Posted: March, 1998

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:

1. 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;
2. the claimant does not file an appeal from the BWC order;
3. the claimant filed a new claim;
4. 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.

Information courtesy of the Ohio Workers’ Compensation Bulletin. Subscribe to the Ohio Workers’ Compensation Bulletin to keep informed about the Ohio workers’ compensation system.