Commission Issues New Hearing Officer Memos

Posted: June, 2008

The Industrial Commission issued six new or amended hearing officer memos on May 5, 2008:

1. Memo A5 –– Substantial Aggravation
   Instructs hearing officers to state what standard of aggravation applies in their order. Also instructs hearing officers to cite the evidence documenting substantial aggravation when allowing a claim for substantial aggravation.
2. Memo C5 –– Temporary Total Disability/Treatment Due to Psychological Conditions
   Indicates that psychologists, medical doctors, doctors of osteopathy, licensed professional clinical counselors, or licensed independent social workers can make treatment requests for psychological conditions, but evidence of disability can only be provided by psychologists, medical doctors, doctors of osteopathy.
3. Memo K1 –– Allowance – Dismissal Order v. Merits
   Indicates that allowance orders should expressly allow or deny a claim and indicate a written description of what the order allows (but not the ICD-9 code). Also indicates an appeal can only be dismissed if the request is made before a discussion of the merits and that a request for allowance of a “symptom” as opposed to a “condition” should be dismissed.
4. Memo O3 –– Staff Hearing Officers Review of Settlements
   Indicates the documents an SHO must review when ensuring that a settlement agreement is fair (basically the settlement agreement and documentation relied on by the BWC). Also indicates that an SHO should disapprove of the settlement if there is not sufficient documentation to review the settlement, or if a review indicates that the settlement is “clearly unfair.”
5. Memo P2 –– Civil Penalty
   Discusses when a civil penalty should be assessed for an employer’s failure to correct a safety violation.
6. Memo P4 –– Corrective Orders
   Indicates that all VSSR orders which find a violation must address correction of the violation.

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