Ohio Bureau of Workers' Compensation

The special meeting focused on two main items: the renewal agreement for chief medical advisor Terence B. Walsh, MD, LLC, and the approval of using web-based technology for Ohio Industrial Commission hearings. Discussion included the value of Dr. Walsh's services and the need to upgrade the technology used for hearings to improve efficiency and reduce dropped calls. Concerns regarding privacy for hearing officers conducting video hearings from home were addressed.

The meeting covered several key topics, including the approval of minutes from a previous meeting, a review and discussion of the 2022 Industrial Commission's five-year review and rule review, and a roll call vote on proposed rules and amendments. Revisions to Memo C3 were reviewed and discussed, along with a roll call vote to adopt proposed provisions. Discussion included utilizing the video function for Webex hearings and the adoption of video for meeting minutes. Two rules (4121-3-09 and 4125-1-01) were tabled to allow for additional stakeholder feedback. Other rules (4121-3-10, 4121-3-15, and 4121-3-32) were reviewed and approved with no changes. A joint rule (4125-1-02) regarding electronic submission and acceptance of documents was also discussed and approved with minor revisions. Finally, the meeting included a review and discussion of provisions to the OIC memo, and a discussion of utilizing the video function for Webex hearings.

The special meeting focused on reviewing and discussing proposed amendments to rules 4121-3-09 and 4125-1-01, including a roll call vote on the proposed amendments. Discussions also covered proposed amendments to memos K5 and E6, with a potential roll call vote on those as well. Memo K5 revisions involved updating a policy on timely completion of boards by hearing officers, tying it to performance measures. Memo E6 revisions addressed changes in the law regarding the measurement of time for filing C92 requests for permanent partial disability, considering temporary total compensation and wages in lieu of compensation.

The special meeting focused on voting on the hiring of district hearing officers and voting on the rule schedule for a 5-year rule review. The meeting included an executive session to discuss the hiring of candidates for district hearing officer positions. The commission reviewed and voted on the 2025 5-year review rules, specifically rules OAC 412-414, 21-42, 41214-03, and 41214-d04. Amendments to rules 412-415-119, 414-05, and 412-14-04 were also discussed and voted upon.

This special meeting focused on the Ohio Industrial Commission's response to House Bill 81, specifically discussing the implementation of its provisions and the rescission of Memo D5 on voluntary abandonment. The commission's director of adjudication recommended rescinding Memo D5 due to House Bill 81 superseding prior case law. The commission also discussed providing guidance to hearing officers on the new legislation, emphasizing the importance of causation in determining wage loss claims.