Chapter 4121-2 Standards of Practice for Attorneys, Agents, and Representatives of Claimants or Employees

4121-2-01 Standards of practice for attorneys, agents and representatives of claimants or employers.

(A) Reasonable standards for those attorneys, agents and representatives who practice before the bureau of workers' compensation and the industrial commission shall include:

(1) Such attorney, agent or representative shall make himself or herself competent to handle such matters by becoming familiar with the statutes, decisions of the courts, and rules of the bureau and industrial commission relating to workers' compensation.

(2) Shall make adequate preparation before filing an application or appearing at a hearing.

(3) Shall not neglect or procrastinate in regard to any matter in which he or she represents a party.

(4) Abide by the rules of the bureau and the commission in appearing for a party or in filing applications.

(5) In general conduct himself or herself in accordance with the Ohio Rules of Professional Conduct (effective February 1, 2007; as amended effective January 1, 2012).

(B) No person other than an attorney in good standing may render advice or services in the preparation or presentation of a claim for compensation and benefits arising under the workers' compensation laws of Ohio if a fee for such advice or services is to be received from or charged against the one having such claim.

Five Year Review (FYR) Dates: 2/2/2004 and 02/01/2009
Promulgated Under: 119.032
Statutory Authority: 4123.06
Rule Amplifies: 4123.06 , 4123.88, 4123.96
Prior Effective Dates: 1/1/78, 2/1/99

4121-2-02 Suspension from practice.

(A) The commission shall suspend from practice before the bureau, or the commission for such time as the commission determines, or reprimand as the nature of the offense warrants, representatives of claimants or employers who violate any reasonable rules made and promulgated by the commission under authority of law.

(B) Written charges shall be filed by the commission, or by a person directly interested in the services of such representative, stating distinctly the grounds of the complaint or by the administrator of the bureau of workers' compensation. A copy of such charges is to be served on the representative, who shall be allowed a reasonable time in which to appear and make a defense, introduce evidence and be heard either in person or by counsel, or both.

(C) In case an order is made by the commission to suspend or reprimand such representative, he may appeal on questions of law to the appropriate court, which may affirm or modify such order or dismiss the complaint. Such appeal shall be filed within forty days after the order of the commission.

(D) The head of the legal department of the commission shall make the investigations contemplated by section 4123.06 of the Revised Code and enforce such section and the rules promulgated by the commission pursuant to such section.

Five Year Review (FYR) Dates: 2/1/2019 and 02/01/2024
Promulgated Under: 119.03
Statutory Authority: 4123.06
Rule Amplifies: 4123.06 , 4123.88, 4123.96
Prior Effective Dates: 01/01/1978, 02/01/1999, 02/03/2014