Ohio Administrative Code › Title 4121 - Industrial Commission › Chapter 4121-15 - Code of Ethics › Section 4121-15-10 - Standards of conduct for adjudicators

Current through all regulations passed and filed through July 1, 2024
(A) Definitions. The following definitions
			 shall apply to the adjudication of all disputes before the industrial
			 commission:
(1) "Claimant" means an employee
			 as defined in division (A) of section
			 4121.01 and division (A) of
			 section 4123.01 of the Revised Code, who
			 asserts a right, demand, or claim for workers' compensation benefits.
(2) "Employer" shall have the same meaning as
			 in division (A) of section
			 4121.01 and division (B) of
			 section 4123.01 of the Revised
			 Code.
(3) "Party" means a claimant,
			 an employer, the bureau of workers' compensation and any other person, firm,
			 corporation, agent, manager, or entity with an interest in a dispute before the
			 industrial commission.
(4)
			 "Adjudicator" means all hearing officers, the members of the industrial
			 commission and their staff and any employee of the industrial commission who
			 functions in an adjudicatory capacity in the resolution of a workers'
			 compensation dispute or who assists in the decision making or deliberation
			 processes in such disputes, including, but not limited to, employees of the
			 industrial commission who participate in any alternative dispute resolution
			 process as established by the industrial commission under the authority of
			 division (J)(1) of section
			 4121.36 of the Revised
			 Code.
(5) "Representative" means
			 any person who appears before the adjudicator, prepares any document on behalf
			 of any party for use by the adjudicator, renders any advice or performs any
			 other related service for a party with respect to a dispute before the
			 industrial commission.
(6) "To
			 review" means to read with the intention that the knowledge gained from the
			 reading shall be used in the decision making process with respect to the merits
			 of:
(a) Deciding whether to hear a
			 discretionary appeal filed with the members of the industrial commission
			 pursuant to division (E) of section 
											4123.511
										 of the Revised
			 Code;
(b) Deciding whether to hear
			 a request for reconsideration filed with the members of the industrial
			 commission; or
(c) Deciding any
			 dispute before the industrial commission.
(7) "Ex parte communication" means any oral,
			 written, electronic or other method of conveying information regarding the
			 merits of a dispute before the industrial commission.
However, "ex parte communication" does not include:
(a) Oral, written, electronic or other
			 methods of conveying information regarding the merits of a dispute before the
			 industrial commission when such information is conveyed in the course of a
			 hearing, including, but not limited to, testimony and other evidence offered at
			 a hearing and information submitted to the claim file in the normal course of
			 the dispute resolution process;
(b)
			 Information regarding procedural aspects of the cause when such information
			 does not include any reference to the merits;
(c) In the case of hearing officers, the
			 members of the industrial commission or their staff, any information obtained
			 by reviewing the claim file;
(d) In
			 the case of hearing officers who participate in the decision making process
			 regarding whether to present discretionary appeals filed pursuant to division
			 (E) of section 4123.511 of the Revised Code and
			 requests for reconsideration to the members of the industrial commission, any
			 written information filed in support of an appeal or request for
			 reconsideration with the appeals and reconsiderations section of the industrial
			 commission which is subsequently placed in the claim file;
(e) In the case of a hearing officer,
			 exchanges of information with other industrial commission employees which are
			 intended to assist the hearing officer in adjudicating a particular issue(s) in
			 a claim; however those with whom the information is exchanged shall not act in
			 an adjudicatory capacity in the claim with respect to the particular
			 issue(s).
(f) Deliberations and
			 discussions regarding claims before the members of the commission between and
			 among the members of the industrial commission the employees of the legal
			 services section and other personnel designated by the members of the
			 industrial commission to assist the members of the commission in the
			 adjudicatory process.
(8) "Conflict" means a situation where the
			 adjudicator is disqualified under the terms of paragraph (B) of this
			 rule.