(A) Form C-86
motion shall be used to request action from the bureau or commission.
(B) A motion may be submitted by the employee
or the employer to seek a determination by the bureau or the commission on any
matter not otherwise provided for in this chapter. It is appropriate to file a
motion in order to secure allowance of a disability or condition not previously
considered in a claim. A motion shall not be used as a substitute for an
untimely appeal.
(C) A motion shall
fully set forth the question presented together with a succinct statement of
the action or relief sought.
(D) A
motion shall be accompanied by substantial competent proof conforming to the
standards established in paragraph (C) of rule
4123-3-09 of the Administrative
Code.
(E)
Where required, a motion shall contain citations to
the legal authorities relied upon.
Except in matters not affecting the
rights of the opposite party, the applicant filing a motion shall provide a
copy of the motion to the opposite party and the copy of the motion filed with
the bureau or the commission shall indicate that a copy has been so provided.
When in doubt, the applicant shall provide a copy of the motion to the opposite
party.
(F) Except in matters not affecting
the rights of the opposite party, the applicant filing a motion shall mail a
copy of the motion to the opposite party and the copy of the motion filed with
the bureau board or the commission shall indicate that a copy has been so
mailed. When in doubt, the applicant shall mail a copy of the motion to the
opposite party.
(G)
(F) A motion shall
bear the signature of the applicant or the applicant's authorized
representative.
(H)
(G) Failure to comply with the provisions of this rule
shall be sufficient reason for the dismissal of the motion.
(I)(H)
Motions shall be adjudicated in the same manner as provided in paragraph (A)(7)
of rule
4123-3-15 of the Administrative
Code, except motions for allowance of a psychiatric disability (paragraph
(J)
(I) of
this rule).
(J)
(I) Procedure governing motions for allowance of a
psychiatric disability:
(1) A motion
requesting that a claim be additionally recognized for a psychiatric
or psychological condition shall include a
typed or printed statement, personally
signed and dated by the claimant,
setting forth the
following declaration: "I am
acknowledging the
claimant is aware
that this
the motion is being filed to request that the
bureau or commission recognize
my emotional problem,
nervous condition, or
a psychiatric
disability
or
psychological condition as being a result of the injury for which
this
the
claim is allowed.
"
(2) A motion requesting the recognition of an
additional condition of a psychiatric
or
psychological nature shall be accompanied by supporting evidence
consisting of a report by a licensed psychiatric specialist, a clinical
psychologist, a licensed professional clinical counselor (LPCC), or a licensed
independent social worker (LISW).
(3) The bureau may have the claimant
scheduled for an examination by an independent specialist.
(4) If the claimant fails to comply with the
bureau's request relating to the motion as provided in paragraphs
(J)(1) to (J)(3)
(I)(1) to (I)(3) of this rule, the bureau shall refer
the motion to the commission with a recommendation to dismiss the
motion.
(5) If there is no conflict
in the evidence or the motion is not contested or disputed, the bureau shall
adjudicate the motion. If there is a conflict in the evidence or the motion is
contested or disputed, the bureau shall refer the motion to the commission for
further consideration.
Notes
Ohio Admin. Code
4123-3-16
Effective:
7/1/2019
Five Year Review (FYR) Dates:
4/8/2019 and
07/01/2024
Promulgated
Under: 119.03
Statutory
Authority: 4123.05,
4121.13,
4121.31,
4121.30,
4121.121,
4121.12
Rule
Amplifies: 4121.12,
4123.05,
4121.13,
4121.121
Prior
Effective Dates: 10/17/1968, 01/16/1978, 02/10/2009,
04/01/2014
