After a Claims Service Specialist (CSS) issues an initial BWC Order (which is a written notice) with a decision on the claim, an automatic 14-day appeals period begins.
If the injured worker or the employer disagrees with the BWC claim decision, either party can file an appeal with the Industrial Commission of Ohio (IC). The appeal must be filed within 14 calendar days from the date the injured worker receives the BWC Order showing the decision. The BWC Order is sent in the mail.
Waiving the appeal period
The injured worker or employer can choose to waive the 14-day appeal period, but both parties must agree to waive the appeal and then submit a completed (C-108) Waiver of Appeal form to BWC.
Appealing a decision
To appeal a claim decision, the injured worker or employer can do any of the following:
- Complete the (IC-12) Notice of Appeal form, print the completed form, and fax it to the Industrial Commission of Ohio (IC).
- Log on to the Industrial Commission Online Network (I.C.O.N) website and complete the (IC-12) Notice of Appeal form.
- Mail, fax or hand-deliver a written notice to the assigned CSS with the following information:
- Injured worker's name.
- Employer's name.
- Claim number.
- Date that the injured worker received the decision. This date shows which BWC Order is being appealed in case you have multiple BWC Orders.
- Reason the decision is being appealed.
- Your signature.
- Date you signed your signature.
When submitting the appeal, fax any medical-treatment requests and any other information requested to the MCO. If it is a self-insured employer claim, talk with the employer about what information to submit.
Disputing a decision process
If the injured worker or employer appeals a BWC claim decision, the Industrial Commission of Ohio (IC) will hear the dispute. This will be an administrative hearing held at an IC location nearest to the injured worker's home address. The injured worker can choose to represent themselves in this process or hire a lawyer at their own expense.
After filing the appeal, the IC will notify the injured worker and other involved parties about the date, time and location of the hearing. The injured worker will receive the notification about two (2) weeks prior to the hearing date.
At the IC, there are three (3) possible levels of appeal for workers’ compensation disputes. For more information about the three levels:
Collecting other benefits
Collecting other benefits can affect how much an injured worker receives for workers’ compensation benefits.
Injured workers should contact their BWC Claims Service Specialist (CSS) if:
- They are working and collecting benefits at the same time;
- An insurance company (or anyone else) offers payment for their work-related injury;
- They have any questions about other benefits impacting their BWC benefits.
The (C-84) Request for Temporary Total Compensation form will request information about other benefits that the injured worker is receiving.