Fifth Amendment to the U.S. Constitution; the Ohio Constitution, Article I,
Chief of Operational Policy, Analytics, and Compliance (Signature on file)
#CP-04-06, effective 08/06/2013
I. POLICY PURPOSE
of this policy is to ensure BWC staff are aware of the legal principle and
expectations of due process in workers’ compensation claims.
policy applies to BWC staff and managed care organization (MCO) staff.
The legal principle that government may not deprive an individual of life,
liberty or protected property rights without providing:
opportunity to be heard.
Notice: A legal concept describing
the requirement that government makes a party aware of
a legal process affecting their rights, obligations or duties.
to Be Heard: A
legal concept describing the requirement that government affords a party the
chance to present the party’s views or objections.
to the Claim:
For purposes of this policy, the injured worker and employer. BWC is also a
party to the claim if the claim is appealed to the Industrial Commission or
It is the
policy of BWC to ensure that a party is afforded appropriate due process when
BWC (or a managed care organization, on behalf of BWC) is taking
action in a claim that affects the rights, obligations or duties of the
of due process afforded to a party depends on the impact to the party’s
protected rights. Providing due process may include:
1. BWC calling or sending a letter to the parties
advising the parties of a request for action in a claim;
2. BWC advising the parties of the opportunity to
provide additional information or evidence to be considered when BWC is taking action in a claim; or
3. BWC issuing an order to the parties, advising
the parties of the right to appeal.
of due process BWC provides is addressed in the specific subject-matter
policies and procedures. These steps may not be expressly identified as “due
process” but are provided to achieve the “notice” and “opportunity to be heard”
issues related to due process:
1. If the last day for response to a notice falls
on a weekend, a legal holiday, a day in which BWC is closed or a day in which
BWC closes before its usual closing time, the last day for response shall be
the next business day.
2. Due process is not required
and will not be provided for employers that are out of business or no longer
doing business in Ohio. However, the employer may specifically request
continued notice or may retain an authorized representative to oversee the