|
(A) A state fund employer or the employee of such an employer may file an
application with the administrator of workers' compensation for approval of a final
settlement of a claim under this chapter. The application shall include the settlement
agreement, be signed by the claimant and employer, and clearly set forth the
circumstances by reason of which the proposed settlement is deemed desirable and that
the parties agree to the terms of the settlement agreement provided that the
agreement need not be signed by the employer if the employer is no longer doing
business in Ohio. If a state fund employer or an employee of such an employer has
not filed an application for a final settlement under this division, the
administrator may file an application on behalf of the employer or the employee,
provided that the administrator gives notice of the filing to the employer and the
employee and to the representative of record of the employer and of the employee
immediately upon the filing. An application filed by the administrator shall
contain all of the information and signatures required of an employer or an
employee who files an application under this division. Every self-insuring employer
that enters into a final settlement agreement with an employee shall mail, within
seven days of executing the agreement, a copy of the agreement to the administrator
and the employee's representative. The administrator shall place the agreement into
the claimant's file.
(B) Except as provided in divisions (C) and (D) of this section, a settlement
agreed to under this section is binding upon all parties thereto and as to items,
injuries, and occupational diseases to which the settlement applies.
(C) No settlement agreed to under division (A) of this section or agreed to by a
self-insuring employer and the self-insuring employer's employee shall take effect
until thirty days after the administrator approves the settlement for state fund
employees and employers, or after the self-insuring employer and employee sign the
final settlement agreement. During the thirty-day period, the employer, employee,
or administrator, for state fund settlements, and the employer or employee, for
self-insuring settlements, may withdraw consent to the settlement by an employer
providing written notice to the employer's employee and the administrator or by an
employee providing written notice to the employee's employer and the administrator,
or by the administrator providing written notice to the state fund employer and
employee.
(D) At the time of agreement to any final settlement agreement under division (A)
of this section or agreement between a self-insuring employer and the self-insuring
employer's employee, the administrator, for state fund settlements, and the
self-insuring employer, for self-insuring settlements, immediately shall send a
copy of the agreement to the industrial commission who shall assign the matter to a
staff hearing officer. The staff hearing officer shall determine, within the time
limitations specified in division (C) of this section, whether the settlement
agreement is or is not a gross miscarriage of justice. If the staff hearing officer
determines within that time period that the settlement agreement is clearly unfair,
the staff hearing officer shall issue an order disapproving the settlement
agreement. If the staff hearing officer determines that the settlement agreement is
not clearly unfair or fails to act within those time limits, the settlement
agreement is approved.
(E) A settlement entered into under this section may pertain to one or more claims
of a claimant, or one or more parts of a claim, or the compensation or benefits
pertaining to either, or any combination thereof, provided that nothing in this
section shall be interpreted to require a claimant to enter into a settlement
agreement for every claim that has been filed with the bureau of workers'
compensation by that claimant under Chapter 4121., 4123., 4127., or 4131. of the
Revised Code.
(F) A settlement entered into under this section is not appealable under section
4123.511 or 4123.512 of the Revised Code.
|