TENTATIVE ORDER - Ohio BWC



TENTATIVE ORDER

On , the injured worker filed an application for an increase in the percentage of permanent partial disability as a result of his/her work-related injury/disease. The Ohio Bureau of Workers’ Compensation (BWC) hereby advises it has denied the Application for Determination of Increase of Permanent Partial Disability (C-92) for the reason listed below.

Choose the insert which applies:

The injured worker failed to provide evidence of new and changed circumstances. The medical evidence provided to support the request for increase in impairment is dated prior to the order granting the previously allowed percent of permanent partial impairment.

The injured worker failed to provide evidence of new and changed circumstances. The percent of impairment supported by the medical evidence provided is less than the current percent of impairment in the claim.

The administrator hereby advises unless a party to the claim files an objection to this tentative order within 20 days of receipt of this notice, the order becomes final with no reconsideration. Any party can obtain objection forms from any Industrial Commission of Ohio (IC) or BWC customer service office. However, the party must file the Objection to Tentative Order Determining the Percentage of Permanent Partial Disability Compensation (IC-167T) with the IC by mail, fax, or online at . If the IC receives a timely objection, the matter will be set for hearing before an IC district hearing officer.

If you have any questions about this claim, please call me at the BWC customer service office listed below.

INSERTS FOR DISMISSAL TENTATIVE ORDER

1a. Injured worker filed the C-92 application before 26 weeks had lapsed from the date of injury/disease or the last payment of temporary total or wage loss compensation. Injured worker may refile the application after the appropriate time period has passed.

1b. Injured worker filed the C-92 application before 40 weeks had lapsed from the date of injury/disease or the last payment of temporary total or wage loss compensation. Injured worker may refile the application after the appropriate time period has passed.

2. In ’s letter dated , injured worker or counsel requested BWC dismiss his/her C-92 application.

3. The injured worker is now deceased.

4. The claim was settled on < Date > by an order of BWC or the Industrial Commission of Ohio.

5a. BWC has no jurisdiction to consider this request because this claim has expired. It has been more than five years since the last payment of compensation, wages in lieu of compensation or medical benefits.

5b. BWC has no jurisdiction to consider this claim under the provisions of Ohio Revised Code 4123.52 since more than 10 years have lapsed since payment of compensation or benefits.

6a. BWC has no jurisdiction to consider this request because this claim has expired. BWC has not paid any compensation, wages in lieu of compensation or medical benefits within five years of the date of injury.

6b. BWC has no jurisdiction to consider this claim under the provisions of Ohio Revised Code 4123.52, which provides that in the absence of payment of compensation or wages in lieu of temporary total compensation, there may not be any modification or change of any finding with respect to disability, compensation, dependency or benefits after six years from the date of injury.

7. Ohio Revised Codes 4123.57 and 4123.68 prohibits payment of compensation for percentage of permanent partial disability in this occupational disease claim.

8. The injured worker has already received the maximum payment of compensation in this claim or in claim number(s) .

9. BWC has disallowed the claim associated with the application you filed.

10. The injured worker has received temporary partial compensation in excess of the maximum allowed under Ohio Revised Code 4123.57A

11. The Industrial Commission of Ohio by order dated has found the injured worker to be permanently and totally disabled

12. Ohio Revised Code 4127.03 prohibits payment of percentage of permanent partial disability in Public Work Relief Employee claims.

13. The injured worker previously filed a C-92 application on < Date > that BWC will act upon.

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