Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-3 - Claims Procedure › Section 4123-3-15.1 - Dismissal of an application for the determination of percentage of permanent partial disability

Current through all regulations passed and filed through July 1, 2024
(A)
								This paragraph of
			 this rule applies to any employee's application for a determination of the
			 percentage of permanent partial disability or for an increase of permanent
			 partial disability filed on or after September 29, 2017.
(1)
									If an employee
			 who files an application for a determination of percentage of permanent partial
			 disability or for an increase of permanent partial disability fails to respond
			 to the bureau's attempt to schedule a medical examination, or fails to attend a
			 medical examination scheduled under section
			 4123.57 of the Revised Code
			 without notice or explanation, the bureau shall dismiss the application without
			 prejudice. The employee, the employer, or their representative may object to
			 the bureau's tentative order dismissing the application within twenty days
			 after receipt of the notice as provided in section
			 4123.57 of the Revised Code, and
			 if the employee, the employer, or their representative timely notify the bureau
			 of an objection, the bureau shall refer the matter to a district hearing
			 officer for a hearing.
(a)
										The bureau shall contact the employee to schedule the
			 employee for an examination on an application for a determination of percentage
			 of permanent partial disability or for an increase of permanent partial
			 disability. The bureau may use a variety of communication methods to contact
			 the employee, such as by telephone, mail, or other methods, but the bureau
			 shall not limit the contact to one method or one attempt if the bureau is not
			 able to contact the employee on the first attempt. If the bureau is unable to
			 contact the employee and the employee is represented, the bureau shall contact
			 the employee's representative for assistance in scheduling the examination. The
			 bureau shall document its contacts in the claim file. If the bureau attempts to
			 contact the employee by mail and the mail is returned undeliverable, the bureau
			 shall attempt to find a correct address for the employee and shall document the
			 attempt in the claim file. If the employee fails to respond to the bureau's
			 attempts to contact the employee to schedule the examination, the bureau shall
			 dismiss the application.
(b)
										If the bureau schedules the employee for an examination
			 on the employee's application for a determination of the percentage of
			 permanent partial disability or for an increase of permanent partial disability
			 and the employee fails to attend the examination, the bureau shall contact the
			 employee for an explanation why the employee did not attend the examination. If
			 the employee is represented, the bureau shall contact the employee's
			 representative. If the employee provides an explanation for missing the
			 examination, the bureau shall reschedule the employee for an examination. If
			 the employee fails to respond or fails to provide an explanation, the bureau
			 shall dismiss the application.