4121-3-16 Motions.

 

 

 

4121-3-16                    Motions.

 

 

 

(A)   Form C-86 motion or its equivalent shall be used to present motions to request action from the bureau or commission.

 

(B)   Motions A motion may be submitted by the claimant employee 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. A motion should not be used as a substitute for an appeal, an application for the determination of the percentage of permanent partial disability, or an application to increase an award of percentage of permanent partial disability.

 

(C)     A motion shall fully set forth the question presented together with a succinct statement of the action or relief sought.

 

(D)   Motions A motion shall be accompanied by substantial competent proof conforming to the standard established in rule 4121-3-09 (A)(1) of the Administrative Code.

 

(E)  Where required, a motion shall contain citations to the legal authorities relied upon.

 

(F)   Except in ex parte matters not affecting the rights of the opposite party, the applicant filing a motion shall mail a copy of the motion to the opposite party and the copy of the motion filed with the bureau or the commission shall indicate that a copy has been so mailed.

 

(G)   Motions A motion shall bear the signature of the applicant or by his the applicant's authorized representative on behalf of such party.

 

(H)   Failure to comply with the provisions of this rule shall be sufficient reason for the dismissal of the motion. A motion signed by a person or entity other than the claimant, his or her representative, the employer, the employer's representative, the administrator, or the administrator's representative shall be dismissed.

 

(I)     Special hearings on motions, where required, shall be in conformity with rule 4121-3-09(C) of the Administrative Code.

 

 

 

 

 

 

 

 

 

 

 

 

4121-3-16                                                                                                                              2

Effective:                                                     07/01/2011

R.C. 119.032 review dates:                         03/28/2011 and 02/01/2016

CERTIFIED ELECTRONICALLY

Certification

06/13/2011

Date

Promulgated Under:                           119.03

Statutory Authority:                           4121.30, 4121.31

Rule Amplifies:                                  4121.03, 4121.36

Prior Effective Dates:                         10/17/68, 5/1/01