Wednesday, November 9, 2016

The Ohio Industrial Commission will Hold a Public Hearing to Consider Rule Amendments

The Ohio Industrial Commission will hold a Public Hearing on Monday, December 12, 2016 at 1:00 p.m., L-2, Room 1, 30 West Spring Street, Columbus, Ohio to consider the amendments of the following rules:

• 4121-3-10 Lump sum payments for attorney’s fees for securing an award
  The Industrial Commission proposes to amend the rule to include a paragraph addressing the setting of the biweekly rate reduction and repayment schedule in a self-insuring claim.


• 4121-3-15 Percentage of permanent partial disability
  The Industrial Commission proposes to amend the rule to delete a redundant reference to the term "injured worker" and correct a cross-reference in the rule. Specifically, Ohio Adm.Code 4121-3-15(D) contains the phrase "injured or disabled injured worker" and Ohio Adm.Code 4121-3-15(D)(3) currently refers to paragraph (A)(7) of Ohio Adm.Code 4121-3-09 for information on depositions. The correct paragraph is paragraph (A)(8) of Ohio Adm.Code 4121-3-09.


• 4121-3-32 Temporary disability
  The Industrial Commission proposes to amend the rule to include the phrase “staff hearing officer, deputy and the Industrial Commission” throughout Ohio Adm.Code 4121-3-32(B)(2) to reflect that the listed persons can also terminate temporary total disability after a hearing.


• 4121-3-34 Permanent total disability
  The Industrial Commission proposes to amend the rule to remove the word “and” from the phrase “permanent and total disability” throughout the rule in order to be consistent. The Industrial Commission also proposes to substitute the word “award” for the word “finding” in Ohio Adm.Code 4121-3-34(C)(3)(b). Finally, the Industrial Commission proposes to replace the word "self-insured" with the word "self-insuring" in Ohio Adm.Code 4121-3-34(D)(1)(f).

To view PDFs of the proposed ammendments, click on the titles above.

All interested parties will be given an opportunity to be heard. Any interested party unable to attend the public hearing may submit written comments via email to rulecomments@ic.ohio.gov prior to the hearing. Pursuant to the Americans with Disabilities Act, the Industrial Commission will consider a reasonable accommodation to allow qualified, interested parties with a disability to testify where the accommodation is necessary and available and does not present an undue hardship to the Industrial Commission. An individual requiring special accommodations should contact the Office of Human Resources by calling (614) 466-2765.

The full and complete text of the proposed rules is available on the Register of Ohio’s website at www.registerofohio.state.oh.us; and is on file in the office of the Secretary of State at 180 East Broad Street, Suite 103, Columbus, Ohio, the Legislative Service Commission at 77 South High Street, 9th Floor, Columbus, Ohio, the Joint Committee on Agency Rule Review at 77 South High Street, Concourse Level, Columbus, Ohio, and all Industrial Commission offices and service offices of the Bureau of Workers’ Compensation.