(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 the surplus
named eligible appellants may appeal
decisions of the district hearing officers, or staff hearing
(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.
Appeals shall be filed in accordance with
of the Administrative Code.
Appeal applications shall be signed by the party appealing or by authorized
representative on behalf of such party. The same applies to the administrator
when filing an appeal.
applications may be filed with any office of the bureau or of the industrial
(7) The same time
limits apply to appeals filed from the decision of the staff hearing officers
to the industrial commission.
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
(9) 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 entitled to proper notice of
any action taken by the appellate body on appeals filed by the
(10) The bureau shall make
payment of an award of compensation in a claim at the earliest time provided in
division (H) of section
of the Revised Code, except that, in all cases of a determination made under
division (A) of section
of the Revised Code for percentage permanent partial disability compensation,
no payment shall be made to the claimant until a final decision on
reconsideration allows such compensation.
(11) In all other cases, if the decision of
the district hearing officer is appealed by the employer or the administrator,
the bureau shall 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, 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.
Payments of an award of compensation and/or benefits made by the bureau
pursuant to a decision of a staff hearing officer shall commence immediately
upon the bureau's receipt of the order.
Appeals to court.
(1) The claimant or the employer may appeal
an order of the industrial commission made under division (E) of section
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
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
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) For a claim arising on or after September
29, 2017, 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
(3) "Notice of
Appeal" stating the names of the claimant and the employer, the number of the
claim, the date of the decision 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.
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
Ohio Admin. Code
Five Year Review (FYR) Dates:
Prior Effective Dates: 10/17/1968, 01/16/1978, 08/22/1986 (Emer.),
11/08/1986, 02/10/2009, 04/01/2014,