The Conflict

In most workers' compensation claims the conflict between the parties is clear. The injured worker is concerned about the extent of his or her injury and how their bills will be paid. The employer is concerned about replacing the productivity of the injured worker and what effect the injury will have on their workers' compensation rates.

The workers' compensation system is supposedly designed to be navigated by the injured worker and employer without the need for professional advice and assistance. However, as anyone with a modicum of interaction with the wc system quickly determines, help is often not a luxury but a necessity. This is especially true with contested claims.

Once Ohio BWC makes a determination whether to allow or deny a claim, either the injured worker or the employee can appeal that decision. If that appeal is done in a timely manner, the claim is scheduled for a hearing at the Industrial Commission. Next, we will look at the role of the Industrial Commission in the determination of whether a claim is allowed or denied.