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An amendment to R.C. 4123.512 extends the court appeal deadline where the parties intend to settle a claim.

Monday, January 28, 2019

RC 4123.512 sets for the procedure to appeal a final order from the Industrial Commission into the court of common pleas. A notice of appeal must be filed within 60 days of receipt of the Industrial Commission Order.

This 60 day appeal deadline can now be extended by either the claimant or employer upon the filing of a notice of intent to settle the claim. The notice of intent to settle the claim must meet several requirements:

  1. It must be filed with the administrator of the BWC;
  2. It must be filed within 30 days of receipt of the final Industrial Commission Order; and
  3. It must be served on the opposing party and the party’s representative.

If these criteria are met, the deadline for filing an appeal into common pleas court is extended to 150 days UNLESS the opposing party files an objection within 14 days.

WARNING!  The intent of this provision is to allow parties time to settle claims.  BUT it also sets up a scenario where benefits will otherwise be extended for an additional 150 days in a claim being appealed by the employer.

 

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