Ohio Admin. Code 4123-3-18 - Appellate procedure
(A) Administrative appeals.
(5)(4) Appeal applications
shall be signed by the party appealing or by an
authorized representative on behalf of such party. The same applies to the
administrator when filing an appeal.
(6)(5) Such applications
may be filed with any office of the bureau or of the industrial
commission.
(7)(6) The same time
limits apply to appeals filed from the decision of the staff hearing officers
to the industrial commission.
(8)(7) Appellate review
and determination of claims being within the exclusive jurisdiction of the
industrial commission, the conduct of hearings and other incidental matters are
governed by the rules of the industrial commission.
(9)(8) The bureau's legal
division shall act as attorney in appeals filed by the bureau on behalf of the
state insurance fund; it may also act as a representative of the administrator
in appeals filed by the bureau on behalf of the surplus fund. As a party to the
proceedings, the bureau's legal division shall
be
is entitled to proper notice of any
action taken by the appellate body on appeals filed by the bureau.
(10)(9)
The bureau shall
will make payment of an award of compensation in a
claim at the earliest time provided in division (H) of section
4123.511 of the Revised Code,
except that, in all cases of a determination made under division (A) of section
4123.57 of the Revised Code for
percentage permanent partial disability compensation,
no payment shall
will not be made
to the claimant until a final decision on reconsideration allows such
compensation.
(11)(10) In all other
cases, if the decision of the district hearing officer is appealed by the
employer or the administrator, the bureau shall
will withhold
medical benefits during the course of appeal to the staff hearing officer, but
where the staff hearing officer rules in favor of the claimant,
the bureau will pay medical benefits
shall be paid by the bureau immediately
upon the receipt of the order, regardless of whether or not further appeal is
taken. In self-insuring employers' claims, payment shall be made in accordance
with applicable laws and rules.
(12)(11) Payments of an
award of compensation and/or benefits made by the bureau pursuant to a decision
of a staff hearing officer shall
will commence immediately upon the bureau's receipt of
the order.
(1) The right of an administrative appeal is
limited to the claimant, the dependents of a deceased worker, the employer, and
the administrator, where the administrator or the administrator's
representative appeals on behalf of the state insurance fund
and/or
or the
surplus fund.
(2) The named
eligible appellants may appeal decisions of the district hearing officers, or staff hearing officers, in accordance with rule
4121-3-18 of the Administrative
Code.
(3) Decisions of
district hearing officers are appealable to the staff hearing officers. Decisions of the staff
hearing officers are appealable to the industrial commission.
(4) Appeals shall be filed in
accordance with rule 4121-3-18 of the Administrative Code.
(B) Appeals
to court.
(1) The claimant or the employer may
appeal an order of the industrial commission made under division (E) of section
4123.511 of the Revised Code in
any injury or occupational disease case, other than a decision as to the extent
of disability, to the court of common pleas of
the county in which the injury was inflicted or in which the contract of
employment was made if the injury occurred outside the state, or in which the
contract of employment was made if the exposure occurred outside the state. If
no common pleas court has jurisdiction for the purposes of an appeal by the use
of the jurisdictional requirements described in this division, the appellant
may use the venue provisions in the Rules of Civil Procedure to vest
jurisdiction in a court. If the claim is for an occupational disease, the
appeal shall be to the court of common pleas of the county in which the
exposure which caused the disease occurred. Like appeal may be taken from an
order of a staff hearing officer made under division (D) of section
4123.511 of the Revised Code
from which the commission has refused to hear an appeal. Except as otherwise
provided in paragraph (B)(2) of this rule, the appellant shall file the notice
of appeal with a court of common pleas within sixty days after the date of the
receipt of the order appealed from or the date of receipt of the order of the
commission refusing to hear an appeal of a staff hearing officer's decision
under division (D) of section
4123.511 of the Revised Code.
The filing of the notice of the appeal with the court is the only act required
to perfect the appeal.
(2) Either
the claimant or the employer may file a notice of intent to settle the claim
within thirty days after the date of the receipt of the order appealed from or
of the order of the commission refusing to hear an appeal of a staff hearing
officer's decision. The claimant or employer shall file notice of intent to
settle on the appropriate form with the administrator of workers' compensation,
and the notice shall be served on the opposing party and the party's
representative. The filing of the notice of intent to settle extends the time
to file an appeal to one hundred fifty days, unless the opposing party files an
objection on the appropriate form within fourteen days after the date of the
receipt of the notice of intent to settle. The party shall file the objection
with the administrator, and the objection shall be served on the party that
filed the notice of intent to settle and the party's representative.
(3) "Notice of Appeal" stating the names of
the administrator of workers' compensation, the
claimant, and the employer, the number of the
claim, the date of the decision
order appealed from, and
the fact that the appellant appeals from such order must be filed with the
industrial commission and with the court of common pleas within the timeframes
provided in paragraphs (B)(1) and (B)(2) of this rule.
(4) Such appeal or any other action filed
from a decision of the industrial commission in a claim in which an award of
compensation has been made shall not stay the payment of compensation under
such award or payment of compensation for subsequent periods of total
disability during the pendency of the appeal.
Notes
Promulgated Under: 119.03
Statutory Authority: 4121.12, 4121.121
Rule Amplifies: 4121.12, 4121.121, 4121.13, 4121.30, 4121.31, 4123.05, 4123.512
Prior Effective Dates: 10/17/1968, 01/16/1978, 08/22/1986 (Emer.), 11/08/1986, 02/10/2009, 04/01/2014, 07/01/2019, 10/08/2021
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