Appealing a Denied Workers' Comp Claim in Ohio

A worker or employer may appeal the Bureau of Workers' Compensation's order granting or denying a claim within 14 days after receiving it; the appeal goes to an Industrial Commission district hearing officer. A district hearing officer's order may be appealed within 14 days after receipt to a staff hearing officer, and the staff hearing officer's order within 14 days to the Industrial Commission, which decides whether to hear it. A final Commission order (other than a decision on the extent of disability) can be appealed to the court of common pleas within 60 days after receipt.

A BWC order on a disputed claim can be appealed within 14 days of receipt; the Industrial Commission refers it to a district hearing officer. The district hearing officer's order can be appealed within 14 days to a staff hearing officer, and that order within 14 days to the commission, which decides whether to hear it. A final commission decision (other than one about the extent of disability) can be appealed to the court of common pleas within 60 days of receipt.

A claim for an injury or death is barred unless, within one year after the injury or death, written or fax notice of the specific body parts injured (or of the death) is given to BWC or the Industrial Commission, or certain other events occur (such as the employer paying wages in place of compensation, or a self-insured employer furnishing treatment). BWC may also accept a claim by phone. For occupational diseases arising on or after Sept. 28, 2021, BWC says the claim must be filed within one year after death or one year from the latest of: first medical diagnosis as work-related, first treatment, or first quitting work due to the disease (or within six months after a physician diagnoses it as work-related).