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The Industrial Commission of Ohio (IC) is the adjudicatory branch of the workers' compensation system. In addition
to establishing adjudicatory policies, the IC has original jurisdiction on claims
matters, such as determining levels of disability and resolving disputed claims
issues. The IC has five regional offices located in Akron, Cincinnati, Cleveland,
Columbus and Toledo. Additionally, district offices are located in Dayton,
Fairfield, Canton, Youngstown, Lima, Bridgeport, Logan, Mansfield, Portsmouth,
and Zanesville.
Hearings are held at the Industrial Commission service office that is closest to the
injured worker's residence. The injured worker/injured worker's authorized representative,
employer/employer's authorized representative, and BWC will be given adequate written notice
as to the time and place that the hearing will be held so that they may attend and present
evidence at the hearing.
The IC is the adjudicating body in the Ohio workers compensation system. The IC
adopts rules (Ohio Administrative Code) governing the conduct of hearings and rendering
decisions by any of the three levels of hearings, the district hearing officer
(DHO), staff hearing officer (SHO) and commissioners.
The rules provide for the following:
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Adequate notice of a hearing to all parties and their representatives so
they have the opportunity to attend and present evidence at the hearing;
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Pre-hearing issues such as discovery, depositions and the exchange of
claim information. Hearings that are open to the public;
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Appeals that are impartially assigned to the DHO or SHO;
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Hearings held in the service office closest to the injured workers
residence.
The decisions of the DHO, SHO or commissioners according to ORC 4121.36(B), will
be in writing and contain the following:
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A description of the claim issues, determined by the order;
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Notation of the notice provided and appearance of the parties;
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Description and nature of the allowed conditions recognized in the claim;
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Signatures of each commissioner or appropriate hearing officer on the
original copy of the decision only, verifying the commissioner's or hearing
officer's vote.
The IC is comprised of three hearing levels.
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District Hearing Officer
The DHO has jurisdiction to hear and decide all
appeals to determinations under Ohio Revised Code (ORC) 4123.511(B) and all other contested claim
matters under ORC 4121; 4123; 4127; and 4131 except those matters under the
jurisdiction of the SHO.
- According to ORC 4123.511(C), the DHO will notify the parties of
the time and place of the hearing.
- The DHO will hear a disputed issue or claim within 45 days
after the filing date of the appeal.
- An order will be issued within seven days of the hearing.
- The DHO Order may be appealed to the SHO within 14 days
after its receipt.
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Staff Hearing Officer
According to ORC 4121.35(B) the SHO has jurisdiction to
hear and decide the following issues:
- Appealed DHO Orders;
- Applications for Permanent Total Disability (PTD) awards and
applications for Violation of Specific Safety Regulations (VSSR) awards;
- Applications for reconsideration of compensation awards made under
ORC 4123.57;
- Review of settlement agreements made according to ORC 4123.65(D).
Decisions made by the SHO according to ORC 4123.65 are final and
are not appealable to the IC or to the Court.
According to ORC 4123.511(D), the SHO will hold a hearing within 45 days following date of the appeal. An order will be issued no later than
seven days after the hearing. The SHO order may be appealed to the IC
commissioners within 14 days after its receipt.
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IC Commissioners Panel
The Commissioners Panel is a governor-appointed, three-member board representing
employers, employees and the public.
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The IC Commissioners will determine whether to hear an appeal on a
case-by-case basis.
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According to ORC 4123.511(E) the IC Commissioners, at their
discretion, will hear appeals to SHO Orders.
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If the commissioners decide to hear an appeal, a hearing will be
held within 45 days after the filing date of the appeal.
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An order will be issued no later than seven days after the hearing.
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If the commissioners decide to not hear an appeal, an order will be issued within 14 days of the appeals filing date.
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Orders issued by the IC commissioners, with the exception of those determining the extent of disability, can be appealed to Court of Common Pleas.
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