Learn About: Appeals to Court
Appeals to Court
The Ohio workers' compensation system can be confusing. Our learn about pages provide basic information about the Ohio workers' compensation system. You can find out more about the system from our Ohio Workers' Compensation Guide or our explanation of Ohio workers' compensation terms.
Learn about appeals to court:
- workers' compensation claims are initially processed by administrative agencies (the Bureau of Workers' Compensation and the Industrial Commission). Once the Industrial Commission makes a final decision, the losing party can challenge some issues through an appeal to court;
- the statute setting forth the procedure for appeals to court is R.C. §4123.512;
- only orders determining the right to participate (effectively allowing or denying a claim can be appealed to court). Orders relating to extent of disability (awarding or denying specific types of compensation or medical benefits) cannot be challenged through an R.C. §4123.512 appeal, but must be challenged by filing a mandamus action;
- the appeal to court should be filed in the county where the injury or occupational disease occurred, you will need to check with the Common Pleas Court to find out the filing fee, because filing fees differ;
- the time limit for filing the notice of appeal is 60 days after receipt of the final order. Either the employer or the injured worker can file the notice of appeal;
- the notice of appeal has to identify the parties (the administrator, employer and injured worker), the claim number, the date of the order being appealed and that the party is appealing the order;
- if the Industrial Commission refused an administrative appeal from a Staff Hearing Officer order, the order being appealed is the SHO's order, but the date for calculating the appeal deadline is the date of the Commission's refusal order;
- within 30 days of the filing of the notice of appeal, the injured worker has to file a complaint setting forth their right to participate in the workers' compensation fund;
- the injured worker becomes the plaintiff, and has the burden of proving their right to participate;
- only a party or an attorney can file an appeal to court, union compensation representatives or third party administrators cannot represent a party in court.
See our Ohio Workers' Compensation Guide for more information about the Ohio workers' compensation system.