Industrial Commission Adopts Reconsideration Resolution 98-1-03

Posted: May, 1998

On May 6, 1998, the Industrial Commission adopted Resolution 98-1-3 which alters the Commission’s guidelines for determining reconsideration requests. The resolution will apply to all final orders published on or after June 1, 1998.

The Commission issued this resolution after the Supreme Court’s decision in Nicholls that the Commission does not have unlimited reconsideration authority.

The new Resolution provides that a reconsideration request must be filed within 14 days of receipt of the order being challenged (reconsideration may only be sought from certain orders). The party seeking reconsideration must send a copy of the request for reconsideration to the opposing party and its representative. The opposing party may respond within 14 days of receipt of the request for reconsideration.

The Resolution also requires that the request for reconsideration be accompanied by

1. recitation of the grounds for reconsideration;
2. copies of relevant orders; and
3. copies of relevant documents and proof.

The Resolution provides that the Commission will only grant reconsideration where:

1. there are “new and changed circumstances”, which occurred after the date of the order being challenged. One example given is “newly discovered evidence which by due diligence could not have been discovered” before the order;
2. there is evidence of fraud;
3. there is a “clear mistake of fact” in the order;
4. there is a “clear mistake of law” in the order; or
5. there is an error in the order which renders the order defective.

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