Ohio Administrative Code › Title 4121 - Industrial Commission › Chapter 4121-3 - Claims Procedures › Section 4121-3-18 - Administrative appeals

Current through all regulations passed and filed through July 1, 2024
(A) This rule applies to administrative
			 appeals filed to district hearing officers, staff hearing officers, and the
			 commission under section
			 4123.511 of the Revised
			 Code.
(B) Filing requirements for
			 administrative appeals.
(1) Appeals may be
			 filed electronically with the commission. Appeals filed electronically with the
			 commission shall only be filed online through the industrial commission online
			 network (I.C.O.N.). Appeals electronically filed through I.C.O.N. after
			 commission business hours or on days the commission offices are closed, are
			 considered filed on the next state business day that the commission offices are
			 open. The appellant filing an appeal electronically shall certify that the
			 appellant has notified the opposing party of the appeal by U.S. mail, by
			 facsimile, by telephone, or by e-mail.
(2) Appeals may also be filed in writing with
			 the commission. Written appeals should be submitted on forms made available by
			 the commission. In lieu thereof, district hearing officers, staff hearing
			 officers and the commission will accept a written statement from a party,
			 signed in handwriting, as such an appeal, provided that the statement is filed
			 within the period specified by section
			 4123.511 of the Revised Code and
			 provided that it contains the names of the injured worker and the employer, the
			 number of the claim, the date of the decision appealed from, and the fact that
			 the appellant appeals therefrom.
(a) All such
			 written notices of appeal shall be signed in handwriting by the party appealing
			 or authorized representative on behalf of such party. Such notices of appeal
			 may be filed with any office of the bureau or of the commission.
(b) An appellant filing a written notice of
			 appeal shall mail a copy of the notice of appeal to the opposing party's
			 representative, if the opposing party is represented, or to the opposing party,
			 if the opposing party is not represented, at the time the notice of appeal is
			 filed with the commission and the notice of appeal shall indicate that a copy
			 has been so mailed. An appellant filing a written notice of appeal shall
			 certify that the appellant has mailed a copy of the notice of appeal to the
			 opposing party.
(3) It
			 shall be a rebuttable presumption that the order that is the subject of the
			 appeal was received within three days of the date of mailing of the
			 order.
(4) In claims where a party
			 has elected to receive e-mail notification from the commission of orders issued
			 by the commission, it shall be a rebuttable presumption that the order that is
			 the subject of the appeal was received within three days of the date of
			 mailing of the order, unless the day of receipt is a Saturday, Sunday, legal
			 holiday, or a day the commission offices are closed, in which event the order
			 will be presumed received on the next succeeding commission day of business
			 which is not a Saturday, Sunday, legal holiday, or a day the commission offices
			 are closed.
(5) The last day
			 of the period for filing an appeal shall be included as part of the appeal
			 period, unless it is a Saturday, Sunday, legal holiday, or a day the commission
			 offices are closed, in which event the period runs until the close of business
			 of the next day which is not a Saturday, Sunday, legal holiday, or a day the
			 commission offices are closed.
(6)
			 On any day that the commission is closed for the entire day or closes earlier
			 than its usual closing time, and this day constitutes the last day for the
			 filing of an appeal, then such filing may be performed on the next succeeding
			 commission business day which is not a Saturday, Sunday, legal holiday or a day
			 the commission offices are closed.
(7) Upon application of a party who resides
			 in an area in which an emergency or disaster has been declared, as set forth in
			 division (O) of section
			 4123.511 of the Revised Code,
			 the commission may waive the time frames within which an appeal from an order
			 of the bureau or of the commission must be filed.
(a) Upon the application of a party for
			 relief under division (O) of section
			 4123.511 of the Revised Code, a
			 hearing officer is to determine whether the requesting party was unable to
			 comply with the filing time frames of section
			 4123.511 of the Revised Code due
			 to the existence of an emergency or disaster as described in division (O) of
			 section 4123.511 of the Revised Code. If
			 the hearing officer finds that a party was unable to comply with the filing
			 deadlines set forth within section
			 4123.511 of the Revised Code due
			 to an emergency or disaster as described in division (O) of section
			 4123.511 of the Revised Code,
			 the hearing officer shall waive the time frames of section
			 4123.511 of the Revised Code
			 within which a claim or an appeal of a claim must be filed.
(b) The party that makes application for
			 relief under division (O) of section
			 4123.511 of the Revised Code
			 shall make application for such relief no later than thirty days after the
			 termination of the state of emergency or disaster as described within division
			 (O) of section 4123.511 of the Revised Code
			 that the party asserts caused the party to be unable to comply with the filing
			 time frames of section
			 4123.511 of the Revised
			 Code.
(c) "Emergency" is defined as
			 any occasion or instance for which the governor of Ohio or the president of the
			 United States publicly declares an emergency and orders state or federal
			 assistance to save lives and protect property, the public health and safety, or
			 to lessen or avert the threat of a catastrophe.
(d) "Disaster" is defined as any natural
			 catastrophe or fire, flood, or explosion, regardless of the cause, that causes
			 damage of sufficient magnitude that the governor of Ohio or the president of
			 the United States, through a public declaration, orders state or federal
			 assistance to alleviate damage, loss, hardship, or suffering that results from
			 the occurrence.
(8) The
			 right of administrative appeal is limited to the injured worker, the employer,
			 and the administrator as provided in Chapters 4121. and 4123. of the Revised
			 Code. An appeal filed by any other person shall be denied, by order, without
			 special hearing.