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OhioBWC - Basics: What is the Appeal Process?
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What is the appeal process?
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Appeals to BWC Orders
Appeals and hearings provide due process to the parties of a claim by affording
them the opportunity to object to a determination on the claim. According to
ORC 4123.511(B)(1) the appeal
period for a BWC Order is 14 days after the date of receipt of the Order. There are
four additional days attached to the 14-day appeal period to allow time for
mailing purposes.
The injured worker/injured worker's authorized representative, employer/employer's authorized
representative or BWC, may file an appeal. It is important to note that the appeal must
be filed in writing, as BWC will not accept a verbal appeal. Although the
IC-12 is
generally used to file an appeal, BWC will accept any appeal as long as it contains the following
pertinent information:
- The name of the injured worker and employer;
- The claim number;
- The date of the order being appealed;
- The reason why the order is being appealed.
An appeal that is received via fax is considered timely filed, if the fax date on
the appeal is prior to the expiration of the appeal period.
Objections or appeals pertaining to self-insuring employers decisions are forwarded
to the IC within seven days of receipt of the objection or appeal.
The appeal should also be signed and dated by the party filing the appeal. Appeals can
be filed via mail, fax or in person at the local BWC customer service office or
Industrial Commission office.
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