OhioBWC - Basics: What if I disagree with the decision?
|What if I disagree with the decision?
If you and/or your employer disagree with a decision made on your workers' comp claim, either of you can appeal
using the Notice of Appeal (IC-12)
or by sending a written notice to your claims service specialist (CSS) with the following information:
You can submit an appeal directly to your assigned CSS by mail, fax or deliver it to a BWC customer service office.
- Injured worker and employer name;
- The claim number;
- The date of the order being appealed;
- The reason why the order is being appealed;
- A signature and date on the appeal.
IMPORTANT: BWC must receive the appeal in writing.
How long do I have to file an appeal?
You have 14 days from the receipt of the initial BWC Order to file an appeal. Since the appeal process is time sensitive, it's
a good idea to keep the mailing envelope to confirm the receipt date.
What happens after I file an appeal?
Once we receive it, we forward it to the Ohio Industrial Commission (IC).
A hearing will be held at the IC customer service office closest to your residence. The IC will send written notice to all parties as to the time and place of the hearing.
IC hearings are informal. However, you may have legal representation attend. If you have an attorney or authorized representative,
he or she can advise you on if you should attend the hearing. We recommend you take an active role in the process of your claim
and attend the hearing if possible.
What will happen at the hearing?
- The IC hearing process gives the parties the opportunity to present additional information and testimony supporting their
position on the issue. The participants may include the injured worker, employer, authorized representatives, witnesses
and possibly a BWC attorney.
- If you have documents to submit, ideally, try to submit them before a hearing takes place. Failure to provide documents
in advance may result in a hearing being postponed or continued as the hearing officer and parties are entitled to an opportunity
to review documents prior to the hearing.
- Once all of the evidence is heard, the hearing officer will make a decision and publish a hearing order.