Page 18 - May2019_BarJournal

BarJournal WORKERS’ COMPENSATION

JULY/AUGUST 2015
feAtUre Beware: issuing a notice of intent

to settle Pursuant to orc 4123.512

may Have the Unintended result of

eliminating the right to Appeal

BY MARGARET O’BRYON

he Ohio Bureau of Workers’ automatic right to file a notice of appeal incur the additional cost for attorney fees up
Compensation’s (BWC) recent into the common pleas court within 60 to $5,000. This is not an issue for claimants,
attempt to even the playing days of receipt of the denial order of the however, as they are not required to pay
field in the settlement process claim issued by the Industrial Commission. the employer’s attorney fees if the employer
T by avoiding unnecessary Many employers felt this automatic right to prevails in court.
litigation between employers and claimants appeal did not leave open the opportunity The new procedure under Ohio Revised
(injured worker) while a step in the right to attempt a settlement before a complaint Code 4123.512 requires the party attempting
direction, may need additional action to was filed, as most workers’ compensation the settlement to file a C-512 Notice of Intent
accomplish the BWC’s lofty goals in this appeals occur after the claimant has lost to Settle form with the Bureau of Workers’
area. Former Gov. John Kasich’s Workers’ their hearing at the Industrial Commission. Compensation within 30 days after the date
Compensation Budget under H.B. 27 made This automatic right to appeal into common of the receipt of the order appealed from
several important changes in the form of pleas court does not require the losing party or of the order of the commission refusing
new provisions allowing either the claimant to provide new additional evidence in order to hear an appeal of a staff hearing officer’s
or the employer to request additional time to to file a lawsuit. While employers have decision. The filing party shall file the notice
explore settlement before filing a lawsuit into the same right to file a court appeal as the of intent to settle with the administrator of
common pleas court. claimant, many employers choose to not file workers’ compensation, and the notice shall
Previously the losing party, either an appeal into common pleas court because be served on the opposing party and the
the employer or the claimant, had the if they do, and are unsuccessful, they will party’s representative. Most importantly, the
filing of the notice of intent to settle extends
the party’s time to file an appeal to 150 days
instead of the regular 60 day period. The
opposing party has only one big requirement
in this new process – if they want to file an
objection to the notice of intent to settle,
they must do so within 14 days after the
receipt of the notice of intent to settle.
How does this process actually play out?
Here is an example: On July 27, 2018, a
claimant timely filed a notice of appeal and
a complaint in the common pleas court
for sprains and strains of his right elbow,
left hip and right ankle. While this lawsuit
was proceeding through the common
pleas court, the claimant also filed for an
additional allowance for a psychological
condition in the Industrial Commission
and was successful. The employer timely
filed a Notice of Intent to Settle C-512 form
18 | Cleveland Metropolitan Bar Journal clemetrobar.org