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7.S.1 and 7.S.3
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Rule 4117-1-02 | Filing and copies; service.

...(A) Definitions: (1) Electronic filing-the electronic transmission of information to a designated email address of the state employment relations board for case processing. (2) Time of filing-an electronic document is filed when it is received by the designated email address of the state employment relations board on or before five p.m. on a business day; electronic filings received by the designated email addres...

Rule 4117-1-02 | Filing and copies; service.

...(A) Definitions: (1) Electronic filing-the electronic transmission of information to a designated email address of the state employment relations board for case processing. (2) Time of filing-an electronic document is filed when it is received by the designated email address of the state employment relations board on or before five p.m. on a business day; electronic filings received by the desi...

Rule 4117-1-17 | Citations to authority.

...(A) References to board opinions, orders, and other rulings shall cite the case by name with the official reporter opinion number and date or, if the matter has not been officially reported, the full case name, case number(s), and the date on which the cited ruling was issued. (B) Proposed orders and recommended determinations shall not be cited as authority for any principle unless the analysis and discussion of ...

Rule 4117-3-01 | Voluntary recognition requests.

...(A) Requests for recognition by an employee organization pursuant to section 4117.05 of the Revised Code shall be filed with the board and served upon the employer. Requests for recognition shall not be accepted for filing with the board unless they contain proof of service, pursuant to paragraph (B) of rule 4117-1-02 of the Administrative Code. The request for recognition shall contain: (1) The name, address, and a...

Rule 4117-3-03 | Substantial evidence for the purpose of voluntary recognition.

...(A) For the purposes of division (A)(2), (A)(2)(b)(ii), and (A)(2)(b)(iii) of section 4117.05 of the Revised Code, and rules 4117-3-01 and 4117-3-02 of the Administrative Code, "substantial evidence" shall consist of the following documentation that shall be filed only with the board: (1) Original signed statements, with each signature dated not more than one year prior to the date of filing, including but not limit...

Rule 4117-5-03 | Consent elections.

...(A) At any time subsequent to the filing of a petition for representation or decertification election, the parties may enter into and file with the board a consent election agreement. The agreement shall include a waiver of hearing, a description of the unit, the proposed date(s), time(s), and place(s) of the election, and the date to be used to determine which employees shall be eligible to vote. The eligibility dat...

Rule 4117-5-06 | Notice of election; access to employees.

...(A) Whenever an election is to be conducted, the board shall issue and serve upon the parties a notice of election which shall contain the following information: (1) A description of the bargaining unit; (2) The dates, times, places and manner in which the election will be conducted; (3) The date that will be utilized to determine voter eligibility; (4) A sample ballot. (B) Within three days of receipt, and in...

Rule 4117-5-08 | Election procedure.

...The board or its agent shall conduct all representation elections. All elections shall be by secret ballot cast and, at the board's discretion, shall be conducted by mail or electronically or in person. Proxy ballots shall not be allowed. Upon the filing of a petition and a sufficient showing of interest, the board or its agent will schedule a pre-election conference. The employer shall provide to the board and ser...

Rule 4117-7-03 | Unfair labor practice complaints.

...A finding by the board that there is probable cause to believe that section 4117.11 of the Revised Code has been violated shall result in the issuance of a complaint in which the board shall be the complainant and the charged party or parties shall be the respondent(s). A complaint that an unfair labor practice has been or is being committed shall contain: (A) A clear and concise description of the acts that are cla...

Rule 4117-9-05 | Fact-finding.

...When the statutory procedures of divisions (C)(2) to (C)(6) of section 4117.14 of the Revised Code apply, fact-finding shall be conducted in accordance with these terms: (A) Subsequent to receipt of a request via electronic mail from either party for fact-finding and to the appointment of a mediator, the board shall send to the parties a list of five fact finders from the board's roster of neutrals. Other than a joi...

Rule 4117-9-05 | Fact-finding.

...When the statutory procedures of divisions (C)(2) to (C)(6) of section 4117.14 of the Revised Code apply, fact-finding shall be conducted in accordance with these terms: (A) Subsequent to receipt of a request via electronic mail from either party for fact-finding and to the appointment of a mediator, the board shall send to the parties a list of five fact finders from the board's roster of neutrals. ...

Rule 4121-3-09 | Conduct of hearings before the commission and its staff and district hearing officers.

...(A) Evidence and discovery. (1) In every instance the evidence shall be of sufficient quantum and probative value to establish the jurisdiction of the commission to consider the claim and determine the rights of the injured worker to an award. Evidence may be presented by affidavit, deposition, oral testimony, written statement, document, or other forms of evidence. (a) The parties or their representatives shall pr...

Rule 4121-3-09 | Conduct of hearings before the commission and its staff and district hearing officers.

...(A) Evidence and discovery. (1) In every instance the evidence shall be of sufficient quantum and probative value to establish the jurisdiction of the commission to consider the claim and determine the rights of the injured worker to an award. Evidence may be presented by affidavit, deposition, oral testimony, written statement, document, or other forms of evidence. (a) The parties or their repr...

Rule 4121-3-13 | Disputed self-insuring employers' claims.

...(A) In the event there is a dispute or disagreement between the injured worker or an eligible applicant and the self-insuring employer that concerns a contested claims matter, the claim shall be referred to the commission for hearing. (B) Upon receipt of a notice of a dispute or disagreement that concerns a contested claims matter, the bureau of workers' compensation shall immediately notify the ...

Rule 4121-3-15 | Percentage of permanent partial disability.

...(A) Definitions (1) For purpose of this rule, both an application for the determination of percentage of permanent partial disability and an application for an increase in the percentage of permanent partial disability will be referred to as an "application." (2) For purpose of this rule, a substantial disparity means fifteen per cent or more difference. (B) Procedure upon filing of objection to a tentative order ...

Rule 4121-3-16 | Motions.

...(A) Form C-86 motion or its equivalent shall be used to request action from the bureau or commission. (B) A motion may be submitted by the claimant or the employer to seek a determination by the bureau or the commission on any matter not otherwise provided for in Chapter 4121-3 of the Administrative Code. (C) A motion shall fully set forth the question presented together with a succinct stateme...

Rule 4121-3-20 | Additional awards by reason of violations of specific safety requirements.

...(A) For claims arising before September 15, 2020, an application for an additional award of compensation founded upon the claim that the injury, occupational disease, or death resulted from the failure of the employer to comply with the specific requirement for the protection of health, lives, or safety of employees, must be filed, in duplicate, with the commission, within two years of the injury,...

Rule 4121-3-34 | Permanent total disability.

...(A) Purpose The purpose of this rule is to ensure that applications for compensation for permanent total disability are processed and adjudicated in a fair and timely manner. This rule applies to the adjudication of all applications for compensation for permanent total disability filed on or after the effective date of this rule. (B) Definitions The following definitions shall apply to the adju...

Rule 4121-4-01 | Definitions.

...For the purposes of this chapter of the Administrative Code: (A) "Access" as a noun means an instance of copying, viewing, or otherwise perceiving, whereas "access" as a verb means to copy, view, or otherwise perceive. (B) "Acquisition of a new computer system" means the purchase of a "computer system," as defined in this rule, that is not a computer system currently in place nor one for which the acquisition proce...

Rule 4121-4-02 | Procedures for Accessing Confidential Personal Information.

...For personal information systems, whether manual or computer systems that contain confidential personal information, the commission shall do the following: (A) Criteria for accessing confidential personal information. Personal information systems of the commission are managed on a "need-to-know" basis whereby the information owner determines the level of access required for an employee of the commission to fulfill...

Rule 4121-15-10 | Standards of conduct for adjudicators.

...(A) Definitions. The following definitions shall apply to the adjudication of all disputes before the industrial commission: (1) "Claimant" means an employee as defined in division (A) of section 4121.01 and division (A) of section 4123.01 of the Revised Code, who asserts a right, demand, or claim for workers' compensation benefits. (2) "Employer" shall have the same meaning as in division (A) of section 4121.01 an...

Rule 4123-3-08 | Preparation and filing of applications for compensation and/or benefits.

...(A) Preparation and execution of forms. (1) The "First Report of Injury" form (FROI-1) or equivalent for applying for payment from the state insurance fund due to an injury, occupational disease, or death may be completed by the employee, employer, medical provider, or other interested party. If someone other than the employee submits a FROI-1 or equivalent, the bureau may contact the employe...

Rule 4123-3-08 | Preparation and filing of applications for compensation and/or benefits.

...(A) Preparation and execution of forms. (1) The "First Report of Injury" form (FROI-1) or equivalent for applying for payment from the state insurance fund due to an injury, occupational disease, or death may be completed by the employee, employer, medical provider, or other interested party. If someone other than the employee submits a FROI-1 or equivalent, the bureau may contact the employe...

Rule 4123-3-08 | Preparation and filing of applications for compensation and/or benefits.

...(A) Preparation and execution of forms. (1) The "First Report of Injury" form (FROI) or equivalent for applying for payment from the state insurance fund due to an injury, occupational disease, or death may be completed by the employee, employer, medical provider, or other interested party. If someone other than the employee submits a FROI or equivalent, the bureau may contact the employee to...

Rule 4123-3-10 | Awards.

...(A) Compensation check issuance, delivery and endorsement. (1) Definition of claimant. As used in this rule the word "claimant" shall apply to an employee who sustained an injury or contracted an occupational disease in the course of and arising out of employment, to the dependent of a deceased employee, as well as to any person who was awarded compensation under the Ohio Workers' Compensati...