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OhioBWC - Basics: (Policy library) - File

Policy Name:

Notice of Referral to the Industrial Commission

Policy #:

CP-14-01

Code/Rule Reference:

R.C. 4121.34; R.C. 4121.35; R.C. 4123.52; O.A.C. 4121-3-13(B)

Effective Date:

05/16/14

Approved:

Rick Percy, Chief of Operational Policy, Analytics & Compliance

Origin:

Claims Policy

Supersedes:

All policies and procedures regarding notices of referral that predate the effective date of this policy

History:

Rev. 01/30/14; New 12/06/12

Review date:

05/16/2019

 

 

I. POLICY PURPOSE

 

The purpose of this policy is to ensure that BWC staff refer appropriate matters to the Industrial Commission in an efficient and effective manner.

 

II. APPLICABILITY

 

This policy applies to all BWC staff.

 

III. DEFINITIONS

 

None

 

IV. POLICY

 

A.    It is the policy of BWC to refer all issues disputed by a party to the claim or issues not within the jurisdiction of BWC to the Industrial Commission (IC), using a Notice of Referral (NOR).

 

B.    Examples of issues that shall be referred to the IC include:

1.    Non-certified or rejected self-insuring employer disputed matters;

2.    Disputed requests from the injured worker (IW), employer, claimant or respective legal representation;

3.    Referrals for permanent total disability;

4.    BWC Administrator requests;

5.    Modifying a previous NOR;

6.    Conflicting evidence related to ongoing compensation entitlement.

7.    Wage adjustments when the IC initially set the wages;

8.    Any other issues where the IC has original jurisdiction (e.g., Permanent Total Disability (PTD), Violations of Specific Safety Regulations).

 

C.   The NOR shall include the following:

1.  A description of the issue: a clear and detailed explanation of the purpose for the request that includes a description of the form, correspondence or issue that initiated the request;

2.  BWC’s recommendation or position on the request(s) as appropriate;

3.  BWC’s rationale and supporting evidence: all evidence that supports the recommendation shall be specifically identified;

4.  The employer’s position, if known;

5.    A request for interpreter services, if needed: the request should include the specific language or type of interpreter needed (i.e., American Sign Language or a foreign language).


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