Workers Compensation Hearing Process

The Ohio Bureau of Workers' Compensation (BWC) makes initial decisions to allow or deny all state-fund workers' compensation claims. If the injured worker or employer disagrees with the BWC's decision, either party may appeal the decision to the Industrial Commission of Ohio (IC) , which will resolve the dispute.

For medical disputes, the Managed Care Organization provides one level of dispute resolution, and the BWC provides a second. If an injured worker or employer disagrees with the BWC's decision, either party may appeal the decision to the IC.

The IC has the responsibility of resolving disputes over the payment of compensation and medical benefits in claims filed for work-related injuries and occupational diseases. The IC conducts hearings at il5 offices throughout Ohio and makes decisions on all disputed claims.

Hearings Before the Commission

The IC utilizes a structured hearing process to resolve disputed workers' compensation claims. There are three administrative appeals levels for workers' compensation claims: District Hearing Officer level, Staff Hearing Officer level, and Commission level.

Hearing Notification

Industrial Commission guidelines require that a hearing notification be mailed to the concerned parties at least 14 days prior to the hearing. The notice will state the date, time, and location of the hearing, as well as the issues in dispute.

District Level

If a BWC order is appealed to the IC, a hearing is set before the District Hearing Officer (DHO). The hearing, which is held at the IC office nearest the injured worker's residence, allows' involved parties to present any information regarding the dispute. After the hearing, an order detailing the DHO's decision is mailed to the parties. If either party is dissatisfied with the decision of the DHO, an appeal must be made in writing and filed within 14 days of receipt of the DHO's decision.

Staff Level

Ohio law guarantees injured workers and employers the right to appeal a DHO's decision to the Staff Hearing Officer level. A hearing is scheduled with the Staff Hearing Officer (SHO), so that the involved parties can present their dispute. After the hearing, an order detailing the SHO's decision is mailed to the parties. If either party is dissatisfied with the decision of the SHO, an appeal must be made in writing and filed within 14 days of receipt of the SHO's decision.

Commission Level

While injured workers and employers are guaranteed the right to District and Staff level hearings, Commission level hearings, which are heard by the IC's three Commissioners, are granted on a discretionary basis. The Commissioners may refuse to hear the appeal or accept it for a hearing. The Commission hearing will occur within 45 days of the appeal.

Beyond the Commission

If the injured worker or employer is not satisfied with the IC decision, then they may file a challenge to the IC decision in the appropriate state court.

Payment of Claims

Whenever the IC grants an injured worker's appeal, compensation is paid after the order is issued, even if an opposing party appeals the action.

Medical Payments

Medical payments are payable when ordered by a Staff Hearing Officer.