Ohio Worker"s Compensation - The District Hearing Appeal
If either the covered employer, or injured employee disagree with the initial decision, the disagreeing party may appeal to the Industrial Commission of Ohio which will then have jurisdiction over this matter, and will attempt to reach a resolution.
With certain medical disputes, the employer's MCO, or Managed Care Organization will make the initial determination, and either side can then appeal to the BWC for further determination.
If either the employer or employee disagrees with this decision, they can then appeal the decision to the Industrial Commission.
There are three appeal levels for workers' compensation claims: district hearing officer level, staff hearing officer level and the Commission.
This article will discuss the initial appeal, or District Hearing Level Process.
DISTRICT HEARING LEVEL The first level of appeal, is a hearing held by a District Hearing Officer, or DHO.
If either the employee or employer is unhappy with the initial BWC decision, he can appeal.
Upon receipt of the appeal, the Industrial Commission will set a hearing to occur in front of a District Hearing Officer.
The Industrial Commission holds hearings at sixteen different locations throughout the state.
The IC will generally try to schedule a hearing at the state office located closest to injured employee's home.
By law a District Hearing will be held no more than forty-five (45) days after an appeal is filed.
A Hearing Officer must provide a decision no more than seven days after the hearing has occurred.
The Industrial Commission will mail a copy of the decision, also known as a "Record of Proceedings", to all parties, including the employer, injured employee, and any representatives of the parties.
If any party is not satisfied with the order, it can be appealed to the next hearing level.