LAW
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Ohio Laws and Rules
(A) Authorizations for representation shall be in writing and signed by the authorizing party. When the authorization is on behalf of the employee, there shall be a separate authorization filed with the bureau for each claim to which the authorization is to extend, and the authorization shall be made a part of the claim file. When the authorization is on behalf of the employer, a blanket authorization may be filed with the claims section in Columbus or with the local district office.
Whenever an employer has two representatives, one for actuarial purposes and another for hearings, there must be a specific designation which representative is to be given notice of hearing.
(B) Authorizations on behalf of the employee shall not be accepted for filing when they do not bear the claim number unless the following identifying information is furnished:
(1) A specific year of injury;
(2) Name and address of employer at time of injury;
(3) Employee’s social security number and age;
(4) City where accident occurred;
(5) Nature of disability.
(C) An authorization may be cancelled by the filing of a notice to that effect with the bureau or by filing of a new authorization to another representative. In either event, the party should notify the former representative of its action.
(D) The inspection of claim files shall be limited to:
(1) The parties;
(2) Person authorized, in writing, by either the employee or the employer;
(3) Member of the general assembly when in the course of their duties as such, acting under authorization from a claimant or employer.
(4) The governor, a select committee of the general assembly, a standing committee of the general assembly, the auditor of state, the attorney general, or the designee of any, in the pursuance of any duty imposed by Chapters 4121. and 4123. of the Revised Code;
(5) Duly authorized employees of governmental agencies whose official duties, by law, require the information contained in the claim files;
(6) Such other persons as are specifically authorized by a member of the commission or the administrator pursuant to the provisions of section 4123.88 of the Revised Code.
(E) A person entitled to inspect a claim file shall complete and file a request for inspection (“Form R-3”) at the time of each inspection. Such request shall bear the signature of the person inspecting the claim file and shall be incorporated in the claim file when the inspection is completed.
(F) When a party desires to inspect a claim at a point other than that where the claim is located, the claim file will be forwarded to that point. If such request is made by an authorized representative, he shall be required to pay the amount of the postal charges involved. Claims which are forwarded to another point for inspection shall be held at that point for seven days following notification of the party or his representative that the claim is available for inspection.
(G) Requests for inspection shall not be honored when an inspection would constitute a material interference with the processing of the claim.
(H) Request for inspection shall not be honored where the request is made by a person representing a claimant unless such person is an attorney at law, authorized to practice in the state of Ohio, or unless such person certifies on the authorization that he is not receiving a fee for his participation in the claim.
(I) No person shall, without prior authorization from a member of the commission, the administrator, or their authorized representatives, remove a claim file, or any portion thereof, from the immediate area in which they receive the file.
(J) Representatives of the parties may obtain copies of any material in the claim file, provided that copying costs are paid.
R.C. 119.032 review dates: 02/01/2006 and 02/01/2011
Promulgated Under: 119.03
Statutory Authority: 4121.03, 4121.30, 4121.31
Rule Amplifies: 4123.27, 4123.88
Prior Effective Dates: 1/1/64, 3/1/84, 2/1/01