What are my options for appealing a denied workers' compensation claim in Ohio?
As a lawyer, I can provide legal advice on the options available to appeal a denied workers' compensation claim in Ohio.
In Ohio, if your workers' compensation claim is denied, you have the right to file an appeal with the Industrial Commission of Ohio (IC). The first step in the appeal process is to file a request for a hearing with the IC. The request must be filed within 14 days of receiving notice of the decision to deny your claim.
Once your request for a hearing is received, a hearing will be scheduled before a hearing officer. At the hearing, the hearing officer will review the evidence and hear testimony from you and any witnesses you choose to call. The hearing officer will then issue an order either affirming or denying the original decision. If the decision is again denied, you can appeal to the full Industrial Commission for further review.
If you are still not satisfied with the decision of the Industrial Commission, you can appeal the decision to the Ohio Court of Common Pleas. The appeal must be filed within 60 days of the Industrial Commission's decision. The Court of Common Pleas will conduct a de novo review of the evidence and make a final determination of the case.
It is important to note that there are limitations and exceptions to the appeals process. For instance, if you miss the deadline to file your appeal or request a hearing, your appeal may be dismissed. Additionally, there may be restrictions on what issues or evidence can be considered on appeal.
If you are considering appealing a denied workers' compensation claim in Ohio, it is highly recommended that you seek the advice of a licensed attorney to assist you in navigating the appeals process. An attorney can provide additional guidance on the specific facts of your case, as well as suggest further legal action if necessary, such as filing a lawsuit in state court.