The Ohio Industrial Commission (IC) is the agency responsible
for hearing disputed workers' compensation claims. While the
Bureau of Workers' Compensation (BWC) is primarily responsible
for collecting insurance premiums and paying claims, the Ohio IC is
responsible for conducting hearings and making decisions related to
disputed claim issues.
There are three levels of hearings at the Ohio IC—district,
staff, and commission. Each hearing level provides each
side—claimant and employer—an opportunity to present
their arguments. If dissatisfied with a District Hearing Officer
(DHO) order, either party can appeal the decision to the next
level—Staff Hearing Officer (SHO). If dissatisfied with a SHO
decision, the parties can appeal to the full commission. While DHOs
and SHOs are hired staff, the full commission is a three-member
body appointed by the Governor and confirmed by the Ohio
Senate.
Here are five (of the many) things to know about the Ohio
IC:
1. Hybrid hearings. The Ohio IC hosts hearings by
WebEx, enabling the parties to appear remotely or in-person.
Trick: If serving as a representative for the employer, be
sure to upload your Waiver of Appearance to the claim file and
state your waiver on the record.
2. File the defense medical packet. If your
argument is related to a medical report from a doctor, whether an
Independent Medical Evaluation (IME) or Independent Medical Review
(IMR), it is essential that the medical packet the doctor relied on
is filed to the claim file. Tip: If working with a
third-party administrator (TPA) or a medical professional directly,
request they send the "packet" of information they used
to rely on for their opinion. Ensure that packet is filed and
served to the claimant or their representative.
3. Timing is key. For most issues, the DHO and SHO
appeal deadlines are due 14 days from the date the appealing party
receives the DHO or SHO Order. Be sure to review the order for the
correct appeal deadline. Trick: Use the "File
Online" link for uploading a Notice of Appeal (IC-12) to the
claim file, or access and file the fillable IC-12 Form.
4. Independent contractors are not employees. Most
independent contractors are not permitted to participate in a
workers' compensation program. Tip: If the claimant is
an independent contractor, and not an employee, be prepared to make
arguments based on the Ohio BWC Independent Contractor/Employee
Questionnaire.
5. Hearings set on the hour. Typically, your DHO
and SHO hearings are set for 20 minutes—meaning, for that
hour, the hearing officer will likely have three separate hearings
to hear. While all hearings for that hour are set at the top of the
hour, your hearing might not be called first. Regardless, be on
time. Trick: If you have a preliminary issue, or if your
hearing will be "quick," inform the hearing officer in an
effort to conclude your hearing quickly.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
