Lawriter - OAC - 4123-5-21 Abatement of claims.

4123-5-21 Abatement of claims.

(A) When a claimant dies, action on any application filed by the claimant, and pending before the bureau of workers' compensation or the industrial commission at the time of his death, is abated by claimant's death.

(B) Abatement of action, as described in paragraph (A) of this rule, does not apply to payment for medical and hospital treatment, for medicine, nursing, and other health care services rendered as a result of the injury or occupational disease for which the claim was allowed during the deceased claimant's lifetime, provided that the respective bills were filed within the time as required by law and by the rules of the industrial commission and the bureau.

Effective: 12/12/2019
Five Year Review (FYR) Dates: 9/27/2019 and 12/01/2024
Promulgated Under: 119.03
Statutory Authority: 4121.12, 4121.121, 4121.30, 4121.31
Rule Amplifies: 4123.66
Prior Effective Dates: 01/16/1978