Industrial Commission Considers Amending Rules

Industrial Commission Considers Amending Rules

Posted: April, 2011

The Industrial Commission will hold a hearing on Friday, April 29, 2011 to consider amendments to a number of rules. The hearing will be held at 1:00 p.m. in training room B on the third flooor of 30 W. Spring St. in Columbus.

The Commission is considering replacing O.A.C. 4121-3-18, Administrative Appeals with a new rule which sets forth filing requirements for administrative appeals. The Commission is eliminating O.A.C. 4121-3-27, Application (which provides that documents filed with the Commission shall be considered filed with the BWC and vice versa) “because it is no longer needed.”

The Commission is also considering the following amendments:

  • O.A.C. 4121-3-01: Office locations and office hours
    Adds that all rules apply to the BWC and Industrial Commission.
  • O.A.C. 4121-3-15: Percentage of permanent partial disability
    Provides that the procedure outlined in the rule applies to situations where the administrator determines that there is a conflict of interest.
  • O.A.C. 4121-3-16: Motions
    Removes language stating that a motion should not be used as a substitute for appeal or a permanent partial application and adds that a motion signed by anyone other than the injured worker, employer, BWC or their representative shall be dismissed.
  • O.A.C. 4121-3-17: Briefs
    Requires that briefs be filed on paper which is not larger than 8 ½ x 11.
  • O.A.C. 4121-3-20: Additional awards by reason of violations of specific safety requirements
    Provides that settling a claim abates action on a VSSR application; changes application of provision for holding action on a VSSR application in abeyance when a case is in court and the parties request it to exclude the initial processing, investigation and prehearing conference; and makes changes to the procedure to be followed when a state fund employer tries to settle VSSR liability.
  • O.A.C. 4121-3-21: Change of address
    Changes requirement that injured worker with multiple claims file change of address in each claim and provides that a change of address filed will attach to injured worker’s other claims.
  • O.A.C. 4121-3-22: Inspection of claim files
    Makes changes to listing of who is able to inspect claim files and what identifying information is necessary.
  • O.A.C. 4121-3-24: Fee controversies
    Adds criteria to be considered when determining attorney fees; adds requirement that representative file a copy of the fee agreement; and adds requirement that when the fee agreement is a contingent fee agreement, Commission must determine whether the contingency occurred.
  • O.A.C. 4121-3-25: Application for change of occupation allowance
    Specifies evidentiary requirement for change of occupation award after initial thirty weeks.
  • O.A.C. 4121-3-30: Emergency hearings
    Designates that written requests for emergency hearings should be made to the manager of Commission level hearings, or other individual designated by the Commission.

The text of these rules and proposed amendments can be viewed on the Industrial Commission’s web site.

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