Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-3 - Claims Procedure › Section 4123-3-16 - Motions

Current through all regulations passed and filed through July 1, 2024
(A) Form C-86
			 motion shall be used to request action from the bureau or commission.
(B) A motion may be submitted by the employee
			 or the employer to seek a determination by the bureau or the commission on any
			 matter not otherwise provided for in this chapter. It is appropriate to file a
			 motion in order to secure allowance of a disability or condition not previously
			 considered in a claim. A motion shall not be used as a substitute for an
			 untimely appeal.
(C) A motion shall
			 fully set forth the question presented together with a succinct statement of
			 the action or relief sought.
(D) A
			 motion shall be accompanied by substantial competent proof conforming to the
			 standards established in paragraph (C) of rule
			 4123-3-09
			 of the Administrative Code.
(E)
Except in matters not affecting the
				rights of the opposite party, the applicant filing a motion shall provide a
				copy of the motion to the opposite party and the copy of the motion filed with
				the bureau or the commission shall indicate that a copy has been so provided.
				When in doubt, the applicant shall provide a copy of the motion to the opposite
				party.
(F) A motion shall
			 bear the signature of the applicant or the applicant's authorized
			 representative.
(G) Failure to comply with the provisions of this rule
			 shall be sufficient reason for the dismissal of the motion.
(H)
			 Motions shall be adjudicated in the same manner as provided in paragraph (A)(7)
			 of rule
			 4123-3-15
			 of the Administrative Code, except motions for allowance of a psychiatric
			 disability (paragraph (I) of this rule).
(I) Procedure
			 governing motions for allowance of a psychiatric disability:
(1) A motion requesting that a claim be
			 additionally recognized for a psychiatric or
			 psychological condition shall include a  statement, personally signed and dated by the claimant,
			 
									acknowledging the claimant is aware
			 
									the
			 motion is being filed to request that the bureau or commission recognize
			 
									a psychiatric 
									or psychological
			 condition as being a result of the injury for which
			 
									the
			 claim is allowed.
(2) A motion requesting the recognition of an
			 additional condition of a psychiatric or
			 psychological nature shall be accompanied by supporting evidence
			 consisting of a report by a licensed psychiatric specialist, a clinical
			 psychologist, a licensed professional clinical counselor (LPCC), or a licensed
			 independent social worker (LISW).
(3) The bureau may have the claimant
			 scheduled for an examination by an independent specialist.
(4) If the claimant fails to comply with the
			 bureau's request relating to the motion as provided in paragraphs
			 
									(I)(1) to (I)(3) of this rule, the bureau shall refer
			 the motion to the commission with a recommendation to dismiss the
			 motion.
(5) If there is no conflict
			 in the evidence or the motion is not contested or disputed, the bureau shall
			 adjudicate the motion. If there is a conflict in the evidence or the motion is
			 contested or disputed, the bureau shall refer the motion to the commission for
			 further consideration.