reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 4121 - Industrial Commission › Chapter 4121-3 - Claims Procedures › Section 4121-3-21 - Change of address

Current through all regulations passed and filed through July 1, 2024
(A) To effect a change of address, an
			 employee shall file a signed request for such change, which request shall
			 indicate the former address as well as the new address.
			  When the change of
			 address has been effected, the request for change shall be incorporated in the
			 applicable claim file and the change of address will
			 also attach to the other claim files of the injured worker.
(B) Except for notice of hearing
			 or notice of findings, as set forth in
			 paragraph (C) of this rule, to effect a change of address, an employer shall
			 file a signed request for such change, which request shall indicate the former
			 address as well as the new address.  When the
			 commission  receives a request for
			 a change of address from an employer, the commission  shall notify the appropriate bureau
			 section .
(C) If an employer desires for notice of
			 hearing or notice of findings to be
			 sent to an address other than the address used by the bureau for risk purposes,
			 the employer shall send the commission a written request specifying the risk
			 number and plant code. The request shall indicate the former address as well as
			 the new address. The commission shall attach the aforementioned request to each
			 claim bearing the risk number and plant code specified.
Five Year Review (FYR) Dates:
				04/05/2016 and
				02/01/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4121.03,
				4121.30,
				4121.31
Rule
				Amplifies: 4121.36
Prior
				Effective Dates: 7/1/11, 5/1/01,
				1/1/64
Ohio Administrative Code › Title 4121 - Industrial Commission › Chapter 4121-3 - Claims Procedures › Section 4121-3-22 - Inspection of claim files

Current through all regulations passed and filed through July 1, 2024
(A) Authorizations for representation shall
			 be in writing and signed by the authorizing party. When the authorization is on
			 behalf of the injured worker, there shall be a separate authorization filed
			 with the bureau for each claim to which the authorization is to extend, and the
			 authorization shall be made a part of the claim file. When the authorization is
			 on behalf of the employer, a blanket authorization may be filed with the claims
			 section in Columbus or with the local district office.
Whenever an employer has two representatives, one for actuarial
				purposes and another for hearings, there must be a specific designation which
				representative is to be given notice of hearing.
(B) An authorization
			 may be cancelled by the filing of a notice to that effect with the bureau or by
			 filing a new authorization by another representative. In either event, the
			 party should notify the former representative of the party's action.
(C)
			 The inspection of claim files shall be limited to:
(1) The parties or their duly authorized
			 representatives as outlined in paragraphs (A)
									and (B)
			  of this rule;
(2) Any other person authorized, in writing,
			 by either the injured worker or the employer; such authorization having been
			 executed within one year prior to its use.
(3) Members of the general assembly when in
			 the course of their duties as such, acting under authorization from
			 an
			 injured worker or employer.
(4) The governor, a select committee of the
			 general assembly, a standing committee of the general assembly, the auditor of
			 state, the attorney general, or their designee, in the pursuance of any duty
			 imposed by Chapters 4121. and 4123. of the Revised Code;
(5) Duly authorized employees of governmental
			 agencies whose official duties, by law, require the information contained in
			 the claim files;
(6) Such other
			 persons as are specifically authorized by a member of the commission or the
			 administrator pursuant to the provisions of section
			 4123.88 of the Revised Code.
Ohio Administrative Code › Title 4121 - Industrial Commission › Chapter 4121-3 - Claims Procedures › Section 4121-3-24 - Fee controversies

Current through all regulations passed and filed through July 1, 2024
(A) The commission may inquire into the
			 amounts of fees charged by attorneys, agents or representatives of the parties
			 for services in matters before the commission and shall protect parties against
			 unfair fees. Attorney fees shall be based upon:
(1) The time and labor required.
(2) The novelty and difficulty of the
			 questions involved and the skill requisite to perform the legal services
			 properly.
(3) The amount involved
			 and the results obtained.
(4)
									 The likelihood, if apparent to the claimant, that the
			 acceptance of the particular employment will preclude other employment by the
			 lawyer.
(5)
									 The fee customarily charged in the locality for
			 similar legal services.
(6)
									 The time limitations imposed by the claimant or by the
			 circumstances.
(7)
									 The nature and length of the professional relationship
			 with the claimant.
(8)
									 The experience, reputation, and ability of the lawyer
			 or lawyers performing the services.
(9)
									 Whether the fee
			 is fixed or contingent.
Ohio Administrative Code › Title 4121 - Industrial Commission › Chapter 4121-3 - Claims Procedures › Section 4121-3-25 - Application for change of occupation allowance

Current through all regulations passed and filed through July 1, 2024
(A) Eligibility for a change of occupation
			 allowance:
(1) Where it is found that a
			 change of occupation is medically advisable for an employee suffering from
			 silicosis, coal miners' pneumoconiosis or asbestosis contracted in the course
			 of employment but not totally disabled therefrom, and, any other diseases which
			 may be specified by law for which the statutory allowance for change of
			 occupation may be granted, or
(2)
			 Where it is found that a change of occupation is medically advisable for a fire
			 fighter or police officer suffering from a cardiovascular and pulmonary disease
			 contracted in the course of employment but not totally disabled therefrom,
(3) Pursuant to the provisions of
			 section 4123.57 of the Revised Code such
			 employee may make application for the approval of the statutory allowance for
			 such change of occupation, in order to decrease substantially further injurious
			 exposure.
Ohio Administrative Code › Title 4121 - Industrial Commission › Chapter 4121-3 - Claims Procedures › Section 4121-3-26 - Effect of rules

Current through all regulations passed and filed through July 1, 2024
Failure to adhere to the rules 
								of the commission may be a
				ground for reversal of an order or decision.
Five Year Review (FYR) Dates:
				11/09/2016 and
				02/01/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4121.30,
				4121.31
Rule
				Amplifies: 4121.36
Prior
				Effective Dates: 1/1/1964, 6/1/2008
Ohio Administrative Code › Title 4121 - Industrial Commission › Chapter 4121-3 - Claims Procedures › Section 4121-3-30 - Emergency hearings

Current through all regulations passed and filed through July 1, 2024
(A) A hearing will be deemed an emergency
			 hearing where a party is undergoing severe financial hardship due to immediate
			 foreclosure actions, eviction notices, shutoff notices for gas, electric, or
			 water, or a party to a claim is in dire need of emergency medical treatment,
			 and the issue to be heard can potentially resolve the financial hardship or
			 approve payment of the needed medical treatment.
(B) Hearings before district and staff
			 hearing officers
(1) When an emergency exists
			 which requires an immediate hearing of a claim, the person for whom the
			 emergency exists, shall make a written request with supporting documentation of
			 the emergency to the regional hearing administrator of the
			 commission.
(2)
									Upon determining the request meets the requirements of
			 paragragh (A) of this rule, the
									
			 hearing administrator
									shall contact the parties to attempt to
			 reach an agreement regarding the date and time of the emergency hearing. If the
			 parties cannot reach a consensus, the hearing administrator shall set the
			 claim for hearing on the first available docket, and give all the parties at
			 least forty-eight hours notice of the emergency hearing by telephone, regular
			 mail, and facsimile, as available.
Ohio Administrative Code › Title 4121 - Industrial Commission › Chapter 4121-3 - Claims Procedures › Section 4121-3-31 - Waiver for recreational activities

Current through all regulations passed and filed through July 1, 2024
(A) Effective August 22, 1986, an employee
			 who voluntarily participates in an employer's sponsored recreation or fitness
			 program or activity may waive and relinquish all rights to workers'
			 compensation benefits pursuant to division (C)(3) of section
			 4123.01 of the Revised Code.
(B) This waiver applies to any
			 injury or disability which is incurred while the employee is participating in
			 an employer's sponsored recreation or fitness program or activity.
(C) The waiver form must be signed and dated
			 by the employee prior to the date of injury or date of disability in an
			 occupational disease claim. The employee shall receive a personal copy of the
			 signed waiver form. Waiver forms shall be available through the bureau of
			 workers' compensation. An employer desiring an employee waiver shall execute a
			 waiver form, and the executed form shall be valid for two calendar years.
Five Year Review (FYR) Dates:
				04/05/2016 and
				02/01/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4121.31
Rule
				Amplifies: 4123.01
Prior
				Effective Dates: 7/1/01, k 2/1/11, 11/8/86,
				8/22/86
Ohio Administrative Code › Title 4121 - Industrial Commission › Chapter 4121-3 - Claims Procedures › Section 4121-3-32 - Temporary disability

Current through all regulations passed and filed through July 1, 2024
(A) The following provisions shall apply to
			 all claims where the date of injury or the date of disability in occupational
			 disease claims accrued on or after August 22, 1986. The following definitions
			 shall be applicable to this rule:
(1)
			 "Maximum medical improvement" is a treatment plateau (static or
			 well-stabilized) at which no fundamental functional or physiological change can
			 be expected within reasonable medical probability in spite of continuing
			 medical or rehabilitative procedures. An injured worker may need supportive
			 treatment to maintain this level of function.
(2) "Physical capabilities" includes any
			 psychiatric condition allowed in a claim.
(3) "Suitable employment" means work which is
			 within the employee's physical capabilities.
(4) "Treating physician" means the employee's
			 attending physician of record on the date of the job offer, in the event of a
			 written job offer to an employee by an employer. If the injured worker
			 requested a change of doctors prior to the job offer and in the event that such
			 request is approved, the new doctor is the treating physician.
(5) "Work activity" means sustained
			 remunerative employment.
(6) "Job
			 offer" means a proposal, made in good faith, of suitable employment within a
			 reasonable proximity of the injured worker's residence. If the injured worker
			 refuses an oral job offer and the employer intends to initiate proceedings to
			 terminate temporary total disability compensation, the employer must give the
			 injured worker a written job offer at least forty-eight hours prior to
			 initiating proceedings. The written job offer shall identify the position
			 offered and shall include a description of the duties required of the position
			 and clearly specify the physical demands of the job. If the employer files a
			 motion with the industrial commission to terminate payment of compensation, a
			 copy of the written offer must accompany the employer's initial
			 filing.
Ohio Administrative Code › Title 4121 - Industrial Commission › Chapter 4121-4 - Accessing Confidential Personal Information › Section 4121-4-02 - Procedures for accessing confidential personal information

Current through all regulations passed and filed through July 1, 2024
For personal information systems,
				whether manual or computer systems that contain confidential personal
				information, the commission shall do the following:
(A)
								 Criteria for
			 accessing confidential personal information. Personal information systems of
			 the commission are managed on a "need-to-know" basis whereby the information
			 owner determines the level of access required for an employee of the commission
			 to fulfill his or her job duties. The determination of access to confidential
			 personal information shall be approved by the employee's supervisor and the
			 information owner prior to providing the employee with access to confidential
			 personal information within a personal information system. The commission shall
			 establish procedures for determining a revision to an employee's access to
			 confidential personal information upon a change to that employee's job duties
			 including, but not limited to, transfer or termination. Whenever an employee's
			 job duties no longer require access to confidential personal information in a
			 personal information system, the employee's access to confidential personal
			 information shall be removed.
(B)
								 Individual's
			 request for a list of confidential personal information. Upon the signed
			 written request of any individual for a list of confidential personal
			 information about the individual maintained by the commission, the commission
			 shall do all of the following:
(1)
									 Verify the identity of the individual by a method that
			 provides safeguards commensurate with the risk associated with the confidential
			 personal information;
(2)
									 Provide to the individual the list of confidential
			 personal information that does not relate to an investigation about the
			 individual or is otherwise not excluded from the scope of Chapter 1347. of the
			 Revised Code; and
(3)
									 If all information relates to an investigation about
			 that individual, inform the individual that the commission has no confidential
			 personal information about the individual that is responsive to the
			 individual's request.
Ohio Administrative Code › Title 4121 - Industrial Commission › Chapter 4121-4 - Accessing Confidential Personal Information › Section 4121-4-03 - Valid reasons for accessing confidential personal information

Current through all regulations passed and filed through July 1, 2024
Pursuant to the requirements of
				division (B)(2) of section
				1347.15 of the Revised Code,
				this rule contains a list of valid reasons, directly related to the
				commission's exercise of its powers or duties, for which only employees of the
				commission may access confidential personal information (CPI) regardless of
				whether the personal information system is a manual system or computer
				system:
(A)
								 Performing the following functions constitute valid
			 reasons for authorized employees of the commission to access confidential
			 personal information:
(1)
									 Responding to a public records request;
(2)
									
			 Responding to a request from an individual for the list of CPI the commission
			 maintains on that individual;
(3)
									 Administering a
			 constitutional provision or duty;
(4)
									 Administering a
			 statutory provision or duty;
(5)
									 Administering an
			 administrative rule provision or duty;
(6)
									 Complying with
			 any state or federal program requirements;
(7)
									 Processing or
			 payment of claims or otherwise administering a program with individual
			 participants or beneficiaries;
(8)
									 Auditing
			 purposes;
(9)
									 Eligibility or filing processes;
(10)
									 Investigation
			 or law enforcement purposes;
(11)
									 Administrative
			 hearings;
(12)
									 Litigation, complying with an order of the court, or
			 subpoena;
(13)
									 Human resource matters (e.g., hiring, promotion,
			 demotion, discharge, salary/compensation issues, leave requests/issues, time
			 card approvals/issues);
(14)
									 Complying with an executive order or policy;
(15)
									
			 Complying with commission policy or a state administrative policy issued by the
			 department of administrative services, the office of budget and management or
			 other similar state agency; or
(16)
									 Complying with
			 a collective bargaining agreement provision.
Ohio Administrative Code › Title 4121 - Industrial Commission › Chapter 4121-4 - Accessing Confidential Personal Information › Section 4121-4-04 - Confidentiality statutes

Current through all regulations passed and filed through July 1, 2024
The following federal and state
				regulations, statutes, and administrative rules make personal information
				maintained by the commission confidential and identify the confidential
				personal information within the scope of rules promulgated by this agency in
				accordance with section
				1347.15 of the Revised
				Code:
(A)
								 Social security numbers: 5 U.S.C. 522a, unless the
			 individual was told the number would be disclosed.
(B)
								 "Bureau of
			 Criminal Investigation and Information" criminal records check results: section
			 4776.04 of the Revised
			 Code.
(C)
								 Information contained in a worker's compensation claim
			 file: section 4121.10, division (E) of section
			 4121.36 and section
			 4123.88 of the Revised Code;
			 rule
			 4121-3-22
			 of the Administrative Code.
(D)
								 Information made
			 available to a quality assurance committee of the commission that is
			 responsible for reviewing the professional qualifications and the performance
			 of providers conducting medical examinations or file reviews for the bureau or
			 the commission: sections
			 2305.24 and
			 2305.25 of the Revised
			 Code.
Five Year Review (FYR) Dates:
				04/15/2015 and
				02/01/2020
Promulgated
				Under: 119.03
Statutory Authority: 1347.15
Rule
				Amplifies: 1347.15, 4121.30, 4121.31
Prior Effective Dates:
				10/1/10
Ohio Administrative Code › Title 4121 - Industrial Commission › Chapter 4121-15 - Code of Ethics › Section 4121-15-01 - Code of ethics, title and rules covering

Current through all regulations passed and filed through July 1, 2024
This rule and rules
				4121-15-02 to
				4121-15-04 and
				4123-15-01 to
				4123-15-04 of the Administrative
				Code shall be titled, "Code of Ethics for the Bureau of Workers' Compensation
				and the Industrial Commission of Ohio" and shall contain the code of ethics for
				employees of these agencies, including the members of the bureau of workers'
				compensation board of directors.
In addition to any civil or criminal penalties that may be
				provided by statute or rule, an employee who violates any of the provisions in
				the code of ethics shall be subject to discipline as provided in the
				policies of the employee's agency.
Ohio Administrative Code › Title 4121 - Industrial Commission › Chapter 4121-15 - Code of Ethics › Section 4121-15-02 - Ethics policy

Current through all regulations passed and filed through July 1, 2024
(A) It
			 is essential that the public has confidence in the administration of the
			 industrial commission and the bureau of workers' compensation. This public
			 confidence depends in a large degree on whether the public trusts that
			 employees of these agencies are impartial, fair, and act only in the interest
			 of the people, uninfluenced by any consideration of self-interest, except those
			 inherent in the proper performance of their duties. Each employee, of whatever
			 position, should, therefore, maintain the highest standards of personal
			 integrity, since the public often judges the actions of an employee as
			 reflecting the standards of the employing agency.
(B) The industrial commission and the bureau
			 of workers' compensation are entrusted with the collection and distribution of
			 a large fund. Their employees must respect this trust and should welcome public
			 scrutiny of the way in which they perform their duties in connection with the
			 administration of this fund. They should be willing to accept restrictions on
			 their conduct that may not be necessary of public employees in other agencies,
			 who are not in similar position of trust. They must avoid not only impropriety,
			 but the appearance of impropriety.
Effective: 2/1/2019
Five Year Review
				(FYR) Dates: 11/5/2018 and
				02/01/2024
Promulgated
				Under: 119.03
Statutory
				Authority: 4121.122
Rule
				Amplifies: 4121.122
Prior
				Effective Dates: 01/01/1977
Ohio Administrative Code › Title 4121 - Industrial Commission › Chapter 4121-15 - Code of Ethics › Section 4121-15-04 - Posting, distribution and employee acknowledgement and receipt

Current through all regulations passed and filed through July 1, 2024
(A) The "Code of
			 Ethics for  the Bureau of
			 Workers' Compensation and Industrial Commission" shall be posted in a
			 conspicuous place in every office of the bureau and commission.
(B) A copy of this code of ethics shall be
			 distributed to each employee. After two weeks from such receipt each employee
			 will certify that the employee has received and read this code. The
			 certification shall be placed in the employee's personnel file.
Effective: 2/1/2019
Five Year Review
				(FYR) Dates: 11/5/2018 and
				02/01/2024
Promulgated
				Under: 119.03
Statutory
				Authority: 4121.122
Rule
				Amplifies: 4121.122
Prior
				Effective Dates: 01/01/1978
Ohio Administrative Code › Title 4121 - Industrial Commission › Chapter 4121-15 - Code of Ethics › Section 4121-15-05 - Purpose: eliminating outside influence; producing impartiality in handling of claims and employer risk accounts and avoiding favoritism

Current through all regulations passed and filed through July 1, 2024
In accordance with division (C) of section
				4121.122 and division (B)(13) of
				section 4121.121 of the Revised Code,
				rules 4121-15-05 to
				4121-15-09
				and
				4123-15-05
				to
				4123-15-09
				of the Administrative Code are for the purpose of eliminating improper outside
				influence on employees of the bureau of workers' compensation and the
				industrial commission, producing an impartial workers' compensation claims and
				employer risk account handling process and avoiding favoritism in that process.
Five Year Review (FYR) Dates:
				2/2/2004 and
				02/01/2009
Promulgated
				Under: 119.032
Statutory
				Authority: 4121.122
Rule
				Amplifies: 4121.122(C)
Prior Effective Dates: 1/1/78,
				2/1/99
Ohio Administrative Code › Title 4121 - Industrial Commission › Chapter 4121-15 - Code of Ethics › Section 4121-15-06 - Furnishing employees' code of ethics and rules on improper influence to representatives

Current through all regulations passed and filed through July 1, 2024
To the extent possible, all those who represent claimants or
				employers shall be furnished without charge with a copy of the "Code of Ethics
				 of the Bureau of Workers'
				Compensation and the Industrial Commission of Ohio" and with a copy of the
				rules concerning the elimination of outside influence, producing impartial
				claims and risk account handling, and avoiding favoritism in this process.
				These rules shall also, to the extent possible, be furnished to employees or
				agents of those who represent claimants or employers and who may be permitted
				to inspect claims and employer risk files, or whose work requires personal
				contact with employees of the bureau or commission.
Five Year Review (FYR) Dates:
				2/1/2019 and
				02/01/2024
Promulgated
				Under: 119.03
Statutory
				Authority: 4121.122
Rule
				Amplifies: 4121.122
Prior
				Effective Dates: 01/01/1978,
				04/25/2014
Ohio Administrative Code › Title 4121 - Industrial Commission › Chapter 4121-15 - Code of Ethics › Section 4121-15-07 - Representatives' responsibility relative to employees' code of ethics

Current through all regulations passed and filed through July 1, 2024
Representatives of claimants and employers as well as their
				employees and agents shall conduct their business with the employees of the
				bureau of workers' compensation and the industrial commission in accordance
				with the highest moral principles and are expected to support the "Code of
				Ethics 
								for
				the Bureau of Workers' Compensation and the Industrial Commission of Ohio" by
				conduct that will not tempt employees of the bureau and commission to violate
				that code but will encourage them to observe it fully. Employees of the bureau
				and commission shall report to their immediate superior any activity which is,
				or appears to be, in violation of this rule, for further action by the
				administrator or by the industrial commission, as the case may be.
Effective: 2/1/2019
Five Year Review
				(FYR) Dates: 11/5/2018 and
				02/01/2024
Promulgated
				Under: 119.03
Statutory
				Authority: 4121.122
Rule
				Amplifies: 4121.122
Prior
				Effective Dates: 01/01/1978, 02/01/1999,
				04/25/2014
Ohio Administrative Code › Title 4121 - Industrial Commission › Chapter 4121-15 - Code of Ethics › Section 4121-15-08 - Remedial action against persons exercising improper influence and engaging in favoritism

Current through all regulations passed and filed through July 1, 2024
Upon receipt of information indicating a violation
				 of rule
				4121-15-07
				of the Administrative Code, to ensure appropriate corrective action, the
				industrial commission or the administrator, as the case may be, shall take
				every action to ensure the matter is investigated, and, provided the
				circumstances warrant it, shall notify the office of deputy inspector general
				for the bureau of workers' compensation and industrial commission, and any
				other appropriate agency or official.
Effective: 2/1/2019
Five Year Review
				(FYR) Dates: 11/5/2018 and
				02/01/2024
Promulgated
				Under: 119.03
Statutory
				Authority: 4121.122
Rule
				Amplifies: 4121.122
Prior
				Effective Dates: 01/01/1978,
				05/01/2009
Ohio Administrative Code › Title 4121 - Industrial Commission › Chapter 4121-15 - Code of Ethics › Section 4121-15-09 - Prohibition against unnecessary claim file access

Current through all regulations passed and filed through July 1, 2024
No employee shall access a workers' compensation claim file
				unless the file is necessary to the performance of the employee's duties. In
				case of violation or apparent violation of this rule, the executive director of
				the commission or the chief ethics officer of the commission, shall refer the
				matter to the office of deputy inspector general for the bureau of workers'
				compensation and industrial commission for investigation, or to the
				administrator or the industrial commission for action consistent with division
				(A) of section 4121.122 of the Revised Code. A
				copy of this rule shall be distributed to each employee for certification that
				they have
								 received and read this rule. This certification shall be placed in
				the employee's personnel file.
Ohio Administrative Code › Title 4121 - Industrial Commission › Chapter 4121-17 - Payments to Health Care Providers › Section 4121-17-07 - Filing of bills

Current through all regulations passed and filed through July 1, 2024
In cases where treatment was not authorized in advance, the
				hearing officer, at the hearing, may, in the hearing officer's discretion,
				determine that fee bills for such treatment are to be paid retroactively.
Five Year Review (FYR) Dates:
				2/1/2018 and
				02/01/2023
Promulgated
				Under: 119.03
Statutory
				Authority: 4121.30
Rule
				Amplifies: 4121.11,
				4121.13,
				4121.31,
				4123.05,
				4123.66
Prior
				Effective Dates: 01/01/1978,
				02/01/1998
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-1 - Notice Procedure › Section 4123-1-01 - Notice procedure for the adoption, amendment, or rescission of rules

Current through all regulations passed and filed through July 1, 2024
(A)
			 When the bureau of 
								workers' compensation intends to consider the
			 adoption, amendment, or rescission of a rule or rules under Chapter 119. of the
			 Revised Code, the bureau 
								will obtain the advice and consent of the bureau
			 of workers' compensation board of directors 
								pursuant to section
			 4121.12 of the Revised Code.
			 Upon the advice and consent of the board, the bureau 
								will cause to
			 be prepared a notice of hearing, 
								to include:
(1) A statement of the intention of the
			 bureau to consider adopting, amending or rescinding a rule or rules.
(2) A synopsis of the proposed rule or rules
			 to be adopted, amended or rescinded, or a general statement of the subject
			 matter to which such rule or rules relates.
(3) A statement of the reason or purpose for
			 adopting, amending or rescinding the rule.
(4) A statement listing the offices (with
			 addresses) where the full and complete text of the proposed rule or rules to be
			 adopted, amended or rescinded is on file for public inspection.
(5) The date, time and place of a public
			 hearing on the proposed action.
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-1 - Notice Procedure › Section 4123-1-02 - Method of notice of board meetings

Current through all regulations passed and filed through July 1, 2024
(A)
								All business
			 transactions of the workers' compensation board shall be conducted at public
			 meetings in accordance with section
			 121.22 of the Revised Code. A
			 schedule of meetings of the board shall be published in the various newsletters
			 and publications of the bureau of workers' compensation which shall be
			 available to the public. The schedule of meetings shall also be made available
			 to any citizen, group, or organization interested in attending the board
			 meetings in accordance with section
			 121.22 of the Revised
			 Code.
(B)
								Any person may determine the time and place of all
			 regularly scheduled meetings and the time, place, and purpose of all special
			 meetings by:
(1)
									Contacting the bureau of workers' compensation
			 communications department by phone, mail or electronic means,
			 or
(2)
									Consulting the Ohio bureau of workers' compensation
			 website.
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-1 - Notice Procedure › Section 4123-1-03 - Bureau internal auditor

Current through all regulations passed and filed through July 1, 2024
(A)
								Pursuant to
			 division (J) of section
			 4121.125 of the Revised Code,
			 the administrator, with the advice and consent of the board, shall employ a
			 chief internal auditor, who shall report findings directly to the board, the
			 workers' compensation audit committee, and the administrator.
(B)
								The bureau's
			 chief internal auditor shall:
(1)
									Hold at least a bachelor's degree;
(2)
									Be either a
			 certified internal auditor, a certified government auditing professional, or a
			 certified public accountant; and,
(3)
									Have at least
			 five years of internal or external auditing experience.
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-3 - Claims Procedure › Section 4123-3-01 - Office locations; scope of rules

Current through all regulations passed and filed through July 1, 2024
(A) Offices of the bureau of workers'
			 compensation shall be located in cities as the administrator establishes and
			 each office will be open during posted hours of operation, holidays excepted,
			 for the receipt and filing of claim applications or any other documents and for
			 the transaction of any business pertinent to the administration of the workers'
			 compensation law.
(B) Any
			 application, form, or document required to be filed with the bureau but
			 received by the industrial commission or managed care
			 organization (MCO) shall be considered filed on the date stamped received
			 by the commission or MCO and shall be forwarded
			  to the appropriate bureau
			 office or section for processing. Any application, form, or document required
			 to be filed with the commission but received by the bureau
			 or MCO shall be considered filed on the date
			 stamped received by the bureau or MCO and shall
			 be forwarded  to the
			 appropriate commission office or section for processing.
(C) The rules in this chapter shall govern
			 claims procedures before the bureau, and include related matters applicable to
			 claims procedures before the industrial commission.
(D) Failure to adhere to the rules of the
			 bureau shall be a valid ground for refusal by the bureau to grant the relief
			 sought and may result in further action as may be applicable under each
			 case.
(E) All claims shall be
			 processed in an orderly, uniform and timely fashion.
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-3 - Claims Procedure › Section 4123-3-02 - Forms

Current through all regulations passed and filed through July 1, 2024
(A) Printed forms
			 for all applications, reports, notices, proofs, etc., necessary for perfecting
			 any claim before the bureau or commission will be furnished without charge by
			 the bureau. Such forms may be obtained online or
			 from any office of the bureau or commission.
(B) Each employer shall maintain a sufficient
			 supply of forms as required by section
			 4123.07 of the Revised Code, and
			 make the forms available to the employees who sustain industrial injuries or
			 contract occupational diseases.
(C)
								
								Any required form
			 or equivalent must be furnished 
								with sufficient detail to facilitate the prompt
			 and accurate adjudication of the questions presented.
(D)
								
			 The bureau shall furnish to the public without charge printed forms for use in
			 filing applications for benefits or compensation, or for submitting other
			 necessary proof in any claim before the bureau and the industrial
			 commission.
Effective:
				4/1/2014
R.C. 119.032 review dates:
				01/07/2014 and
				04/01/2019
Promulgated
				Under: 119.03
Statutory Authority: 4121.12, 4121.13, 4121.30,
				4121.31
Rule Amplifies: 4121.11, 4121.121, 4123.05
Prior
				Effective Dates: 1/1/64, 9/1/96
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-3 - Claims Procedure › Section 4123-3-03 - Employers' reports of injuries and occupational diseases

Current through all regulations passed and filed through July 1, 2024
(A) Every employer
			 shall keep a record of all injuries and occupational diseases resulting in
			 seven days or more of total disability or death and shall report them to the
			 bureau of workers' compensation within one week of acquiring knowledge of such
			 injury or death and within one week after acquiring knowledge of or the
			 diagnosis or death from the occupational disease as required by section
			 4123.28 of the Revised
			 Code.
(B) Public employers and
			 employers contributing to the private fund of the state insurance fund shall
			 make such reports on the application for benefits or equivalent.
(C) Self-insuring employers shall use the
			 application for benefits or equivalent provided by the bureau of workers'
			 compensation to make the report of injury or occupational disease as required
			 by section 4123.28 of the Revised Code,
			 within the prescribed time limits set forth. Reports of death due to injury and
			 occupational disease shall be on the application for benefits or
			 equivalent.
(D) Self-insuring
			 employers shall make a similar report on the application for benefits or
			 equivalent in claims for injury, involving seven days or less of lost time,
			 wherein it is apparent that there will be permanent partial disability under
			  division (B) of section
			 4123.57 of the Revised Code. In
			 such cases involving occupational disease, the report shall be on the
			 application for benefits or equivalent.
(E) In order to assist in determining whether
			 the claimant is entitled to an extension of the statute of limitations as set
			 forth in section 4123.28 of the Revised Code, the
			 bureau shall maintain a record of all injuries and occupational diseases
			 reported by each employer.
(F) Each
			 employer shall give a copy of each report to the employee it concerns or his or
			 her surviving dependents as required by section
			 4123.28 of the Revised
			 Code.
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-3 - Claims Procedure › Section 4123-3-07 - Applications for death benefits

Current through all regulations passed and filed through July 1, 2024
When the death of an employee is the result of
				
								a
				work related injury or occupational disease, the employee's dependents
				may file an application for death benefits. To be considered a "dependent", a
				person must be a member of the family of the deceased employee,
				
								or bear
				to the employee the relation of surviving spouse, lineal descendant, ancestor,
				or brother or sister. An application signed by a person claiming to be a
				dependent, as described herein, shall be accepted for filing and shall be
				sufficient to initiate proceedings for workers' compensation benefits and to
				obtain a ruling on the validity of the claim. If there are no dependents, the
				application may be filed by the estate of the deceased employee, the attending
				physician, the funeral director, by a volunteer paying the funeral bill, by a
				person who authorized the burial and funeral expenses or by the employer, for
				services rendered because of the injury or occupational disease causing the
				employee's death.
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-3 - Claims Procedure › Section 4123-3-09 - Procedures in the processing of applications for benefits

Current through all regulations passed and filed through July 1, 2024
(A) Numbering and
			 recording.
(1) Upon receipt, the bureau will
			 assign a claim number to each initial application for benefits. The bureau
			 shall provide the claim number to the claimant and employer. In cases where a
			 deceased employee has filed, during his or her lifetime, an industrial claim
			 for the injury or disability which is the subject matter of the death claim,
			 the application for death benefits shall be assigned the original claim
			 number.
(2) The claim number should
			 be placed on all documents subsequently filed in each claim and the claim
			 number should be given when inquiry is made concerning each claim.
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-3 - Claims Procedure › Section 4123-3-14 - Procedure in the original adjudication of non-complying employers' claims

Current through all regulations passed and filed through July 1, 2024
Where the bureau originally adjudicates
				a claim and determines that the employer is a non-complying employer, the
				bureau shall note the employer's non-complying employer status in the claim and
				the bureau order. The bureau shall notify the employer of the filing of the
				application and the employer's noncompliance, and shall proceed to secure the
				employer's obligation to reimburse the bureau for any cost of the claim as
				provided in rule
				4123-14-04
				of the Administrative Code.
Replaces: 4123-3-14
Effective:
				4/1/2014
R.C. 119.032 review dates:
				04/01/2019
Promulgated
				Under: 119.03
Statutory Authority: 4121.121, 4123.05,
				4123.57
Rule Amplifies: 4121.13, 4121.30
Prior Effective
				Dates: 10/17/68; 1/16/78; 10/4/04
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-3 - Claims Procedure › Section 4123-3-15 - Claim procedures subsequent to allowance

Current through all regulations passed and filed through July 1, 2024
(A) Requests for subsequent actions when a
			 state fund claim has not had activity or a request for further action within a
			 period of time in excess of twenty-four months.
(1) The bureau shall consider a request for
			 subsequent action in a claim in the following situations:
(a) Where the employee requests that the
			 bureau or commission modify or alter an award of compensation or benefits that
			 has been previously granted; or
(b)
			 Where the employee 
										requests that the bureau or commission grant a
			 new award of compensation or to settle the claim; or
(c) Where the claimant
			 
										requests that the allowance of a disability or
			 condition not previously considered; or
(d) Where the claimant dies and there is
			 potential entitlement for accrued benefits or payment of medical bills, or the
			 decedent's dependent is requesting death benefits due to relatedness between
			 the recognized injury and death.
(e) Except for a medical issue relating to a
			 prosthetic device or durable medical equipment as designated by the
			 administrator, the bureau, in consultation with the MCO assigned to the claim,
			 shall issue an order on a medical treatment reimbursement request in a claim
			 which has not had activity or a request for further action within a period of
			 time in excess of twenty-four months as follows:
(i) The MCO shall refer a medical treatment
			 reimbursement request in a claim which has not had activity or a request for
			 further action within a period of time in excess of twenty-four months to the
			 bureau for an order when the request is accompanied by supporting medical
			 evidence dated not more than sixty days prior to the date of the request, or
			 when such evidence is subsequently provided to the MCO upon request (via "Form
			 C-9A" or equivalent). The bureau's order shall address both the causal
			 relationship between the original injury and the current incident precipitating
			 the medical treatment reimbursement request in a claim and the necessity and
			 appropriateness of the requested treatment. The employer or the employee or the
			 representative may appeal the bureau's order to the industrial commission
			 pursuant to section 4123.511 of the Revised
			 Code.
(ii) The MCO may dismiss
			 without prejudice, and without referral to the bureau for an order, a medical
			 treatment reimbursement request in a claim which has not had activity or a
			 request for further action within a period of time in excess of twenty-four
			 months when the request is not accompanied by supporting medical evidence dated
			 not more than sixty days prior to the date of the request and such evidence is
			 not provided to the MCO upon request (via "Form C-9A" or equivalent).
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-3 - Claims Procedure › Section 4123-3-17 - Briefs

Current through all regulations passed and filed through July 1, 2024
(A) Parties may, of
			 their own volition, file briefs with the bureau or commission on legal
			 questions presented in claims.
(B)
			 The bureau or commission may require parties to file briefs on legal questions
			 presented in claims. A time certain shall be fixed for the filing of such
			 briefs allowing a reasonable time for preparation.
(C) In either instance, the submitted briefs
			 shall be legibly typewritten on paper not exceeding eight and one-half inches
			 by eleven inches in size and filed without a protective cover. The party filing
			 a brief shall furnish a copy to the opposite party at the time that the brief
			 is filed with the bureau or the commission. If the brief is directed to a
			 matter before the bureau, the brief shall be filed with the bureau. If the
			 brief is directed to the attention of the commission, the brief shall be filed
			 with the commission unless otherwise directed by the commission.
R.C. 119.032 review dates:
				01/07/2014 and
				01/01/2019
Promulgated
				Under: 119.03
Statutory Authority: 4121.11, 4121.12, 4121.121,
				4121.13, 4121.30, 4121.31
Rule Amplifies: 4121.12, 4121.121,
				4123.05
Prior Effective Dates: 1/1/64; 1/16/78; 10/4/04,
				2/10/09
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-3 - Claims Procedure › Section 4123-3-20 - Additional awards by reason of violations of specific safety requirements

Current through all regulations passed and filed through July 1, 2024
The determination of awards by reason of violation of specific safety
				requirements being within the exclusive jurisdiction of the industrial
				commission, such applications, if filed with the bureau, shall be
				referred to the industrial
				commission for further consideration.
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-3 - Claims Procedure › Section 4123-3-22 - Inspection of claim files

Current through all regulations passed and filed through July 1, 2024
(A) Authorizations for representation shall
			 be in writing and signed by the authorizing party. When the authorization is on
			 behalf of the employee, it shall be filed on an "
								Claimant Authorized Representative" form or
			 equivalent. There shall be a separate authorization filed with the bureau for
			 each claim to which the authorization is to extend. When the authorization is
			 on behalf of the employer, a blanket authorization may be filed with the
			 bureau.
(B) An authorization may be
			 cancelled by the filing of a notice to that effect with the bureau or by filing
			 a new authorization by another representative. In either event, the party
			 should notify the former representative of the party's action.
(C) The inspection of claim files shall be
			 limited to:
(1) The parties and/or their duly
			 authorized representatives as outlined in paragraphs (A) and (B) of this rule;
(2) Any other person authorized,
			 in writing, by either the employee or the employer; such authorization having
			 been executed within one year prior to its use;
(3) Members of the general assembly when in
			 the course of their duties as such;
(4) The governor, a select committee of the
			 general assembly, a standing committee of the general assembly, the auditor of
			 state, the attorney general, or the designee of any, in the pursuance of any
			 duty imposed by Chapters 4121. and 4123. of the Revised Code.
(5) Duly authorized employees of governmental
			 agencies whose official duties require the information contained in the claim
			 files;
(6) Such other persons as
			 are specifically authorized by a member of the commission or the administrator
			 pursuant to the provisions of section
			 4123.88 of the Revised
			 Code.