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Wednesday, September 26, 2018

2018 Resolution Update

In 2018, the Ohio Industrial Commission’s Office of Chief Legal Counsel Legal Research Unit undertook a comprehensive review of all outstanding resolutions, policy statements, and internal memoranda, which stretched back nearly 75 years and reviewed and analyzed over 350 policy documents.

This project worked to identify and rescind antiquated resolutions and policy documents, identify and update resolutions requiring substantive changes, and identify and modify resolutions requiring minor updates to citations and citation styles. The Office of Chief Legal Counsel and the Legal Research Unit analyzed each resolution and policy document and researched applicable case law, statutes, administrative law, and BWC and IC policies to determine whether each resolution still had application and whether that application was consistent with today’s law, policy and practice.

With the Commissioners’ guidance and review over ten weeks and four commission meetings, as well as the help of administrative staff and various departments within the Ohio Bureau of Workers’ Compensation, this project accomplished the feat of rescinding 201 Industrial Commission resolutions or policy documents, 32 of which were outstanding BWC-IC Joint Resolutions. Moreover, this project modified 17 IC resolutions and three BWC-IC joint resolutions.

Finally, this project promulgated seven new IC resolutions and one new BWC-IC joint resolution, which are named below:

  • 18-1-01 Rescinding IC Resolutions
    • Rescinded 93 past resolutions
  • R18-1-02 Rescinding Joint Resolutions
    • Rescinded 32 joint resolutions
  • R18-1-03 Rescinding VSSR Exemption Resolutions
    • Rescinded 57 VSSR resolutions
  • R18-1-04 Recording of Hearings
    • Combined/Rescinded former R97-1-02 and R97-1-03
  • R18-1-05 Standards of Non-Attorneys before the Commission and the Bureau
    • Combined/Rescinded former R04-1-01 and R04-1-03
  • R18-1-06 Reconsideration Guidelines
    • Rescinded R08-1-01 and made minor substantive changes
  • R18-1-07 Rescinding IC Resolutions
    • Rescinded 9 resolutions
  • R18-1-08 Lump Sum Advancement for Attorney Fees
    • Rescinded R90-1-10, R99-1-01, R07-1-02, and R95-1-13 and made substantive changes to lump sum advancement for attorney fees

The review made minor, non-substantive modifications to the following resolutions:

  • R94-1-14 No Response Self-Insuring Employers
  • R94-1-16 post HB 107 Procedures
  • R94-1-19 Requests for R.C. 4123.522 and R.C. 4123.52 Relief
  • R95-1-12 Rescinded Resolutions
  • R96-1-04 Removal from Consideration of Non-Medical Disability Factors
  • R96-1-06 Commission and Hearing Officer Code of Conduct
  • R97-1-06 Requirement of Physician Reports
  • R98-1-01 Waiver of Time Frames for State of Emergency or Disaster
  • R98-1-02 Jurisdiction of Hearing Officer to Adjudicate Issue of Allowance on a Second Claim
  • R98-1-04 Termination Date Maximum Medical Improvement
  • R07-1-03 Guidelines with Respect to the Receipt of Things of Value
  • R07-1-04 Guidelines for Filing Notices of Appeals from Staff Hearing Officer Orders
  • R12-1-03 Continuance Guidelines
  • R15-1-01 Medical Evidence Necessary to Support a Claim for an Asbestos-Related Condition

Joint Resolutions

  • Joint Resolution R80-7-48 Computation of Full Weekly Wage
  • R89-3-27 Overpayment Recovery
  • R07-1-01 Authorization to Receive Payment

To view all IC resolutions, click on IC Policies tab in the navigation bar, and then click on IC Resolutions.