Commission Updates Hearing Officer Manual
Posted: August, 2010
The Commission has updated three memos in its Hearing Officer Manual, effective August 2, 2010. The Commission updated:
- Memo E.7: Processing Applications for Benefits Pursuant to O.R.C. 4123.57 when Allowance Question is in CourtThe Commission will not process a C-92 application while an employer’s appeal of the original allowance is in court. If the employer agrees to dismiss the complaint pursuant to Civil Rule 41, the Commission will process a C-92 application. If an additional allowance issue is in court the Commission will process a C-92 application relating to the allowed conditions which are not being contested.
- Memo I.5: Processing Compensation and Medical Benefits Issues in Claims When an Original Allowance or Additional Allowance Issue is in CourtThis hearing officer memo contains a chart listing different forms of compensation or medical benefits issues. The chart has two columns which indicate how the Commission will treat those issues.One column indicates how the Commission will treat issues (including whether or not the Commission will process those issues) when a claim is pending in court on an initial allowance. The other column indicates how the Commission will treat issues (including whether or not the Commission will process those issues) when a claim is pending in court on an additional allowance.
- Memo K.1: Allowance – Dismissal Order v. MeritsWhen considering an allowance issue, the hearing officer should either allow or deny and the order should contain express allowance or denial language. Decisions cannot be held for submission of additional evidence. Orders allowing a claim should contain a description of what is being allowed and the doctor’s report supporting the allowance. ICD codes are not to be included.A request can be dismissed before a hearing on the merits starts. However, once the merits have been discussed, no dismissal can occur. Requests for allowance of a symptom, rather than a condition, should be dismissed instead of disallowed.