RULES OF THE INDUSTRIAL COMMISSION OF OHIO, GOVERNING PROCEDURE IN CLAIMS AGAINST THE STATE INSURANCE FUND.

(Effective Oct. 23, 1919.)

Rule 1. Regular Sessions of the Commission.

Sessions of the Commission will be held regularly at the office of the Commission in the City of Columbus, beginning at 10 A. M. of each business day, and continuing until the business of the day is completed.

Rule 2. Special Sessions.

Sessions may be held at any place within the State should the business to be transacted seem to require.

Printed forms of all notices, applications, proofs, certificates, etc., necessary for perfecting any claim before the Commission will be furnished free of charge by the Commission. Such forms must be used in all cases.

Rule 4.- Application for Payment of Medical Expenses, Etc.

(Where disability lasts seven days or less.)

An employe whose injury has resulted in a disability of seven days or less where medical service has been rendered, shall within two weeks after the date of the injury make application for the payment_of_such medical expenses upon blank-APPLICATION FOR PAYMENT OF MEDICAL EXPENSES ETC. Employers shall keep on hand a supply of such application blanks and shall furnish a copy of same to each employe injured. Such application should be mailed to The Industria! Commission of Ohio, Department of Claims, Columbus, Ohio.

Rule 5.- Application for Payment of Compensation, Medical

Services, Etc.

(Where disability lasts more than seven days.)

An employe whose inuryj has resulted in a disability of more than seven days, shall within two weeks after date of the injury make application for payment of compensation, medical services, etc., upon blank

APPLICATION FOR PAYMENT OF COMPENSATION, MEDICAL SERVICES ETC. Employers shall keep on hand a supply of such application blanks and shall furnish a copy of same to each employe injured. Such application should be mailed to The Industrial Commission of Ohio, Department of Claims, Columbus, Ohio. Upon receiving such application, the Commission forthwith will mail to the employer notice showing the claim number assigned, if any, and blanks if necessary to be used by the proper parties, in submitting additional proof.

Rule 6. Failure to Make Application -a Waiver of Right to

Compensation.

In cases of injury where application has not been filed within three months after the injury is sustained, the Commission may consider that the claimant has waived his right to an award and make a finding accordingly.

Rule 7. — Injury Resulting in Death, Notice of, and Application.

When death results from an injury received by an employe in the course of his employment, notice of death must be given and application made by the attending physician, undertaker, employer, executor, administration, or a beneficiary, within two weeks after date of death.

Rule 8. Supplemental Application - Death.

Supplemental application for award in all cases of injury resulting in death must be made within six months after the death of the injured employe by the person or persons entitled to the death benefits, or by their guardian or guardians in the event of legal disability, or by the attending physician or undertaker where there is no beneficiary.

Applications provided for by the foregoing rules shall be numbered when received by the Commission and entered upon a record kept for the purpose, and each paper thereafter filed in connection with the claim shall be given the same number as the original application.

Rule 10. Rules 4, 5, 6, 7 and 8 Not Enforced, When.

The provisions of Rules 4, 5, 6, 7 and 8 will not be relaxed, unless, in the judgment of the Commission, the failure to observe their provisions was occasioned by want of knowledge of their existence, and unless their strict enforcement will result in hardship and injustice. In such instances the oCmmission will, upon application, extend the time for filing the application and other claim papers.

Rule 11.-Proof, Nature Of.

The proof in every instance shall be such as to show clearly the jurisdiction of the Commission, the rights of the claimant to an award, and the amount thereof.

Rule 12.-Proof, How Made.

The proof of all claims shall be made by affidavit as far as possible. But the Commission will, if in its judgment it is deemed necessary. require medical or other examinations and may take oral testimony of witnesses, the claimant being notified of the time, place and manner of taking the same. The Commission will also hear any oral testimony offered by a claimant. Depositions of witnesses may also be filed by a claimant, but notice of the time and place of taking the same must be given the Commission prior to their taking. Any duly authorized

deputy of the Commission shall have the right at any time either before or after an award to make an investgation as to the cause and extent of the injury for the purpose of ascertaining facts.

Rule 13.- Medical Examination, Refusal to Submit To.

In case the Commission, or its Chief Medical Examiner, orders an injured employe to submit to exmination by its Local Medical Examiner, and such examination is refused, or shall in any way be obstructed, his right to have his claim for compensation considered shall be suspended during the period of such refusal or obstruction.

Rule 14.- Employe's Intention to Leave Locality, Notice to be Given Of.

An injured employe who desires to leave the locality in which he has been employed, during treatment of his injury, and goes into another locality of the state, or into another state, shall either report to the Local Medical Examiner of the Commission for examination or notify the Commission of such intention to leave, and send them with such notice a certificate from the attending physician, which shall state the exact nature of the injury, together with the length of time of disability present.

Rule 15. Physician's Reports, Refusal to Fill Out.

In case an attending physician refuses to fill out an attending physician's report or itemize his physician's fee bill, or make affidavit to the same, his claim for medical services shall not be considered during the period of such refusal.

Rule 16.-Duty of Director of Claims.

The Director of Claims shall keep a record of the time of filing all notices, applications, affidavits, statements, depositions, medical and other forms of proof, and all other papers filed in connection with claims against the State Insurance Fund.

When the proof in a claim is seemingly complete, the Director of Claims shall assign the claim for hearing.

He shall prepare a list of the claims so assigned for each hearing date and an abstract of the proof on questions necessary to be determined by the Commission, and shall provide a copy of such list and of such abstract of proof for each member of the Commission, and for the Secretary. Such original lists and such abstracts of proof shall be preserved by him and filed in his office.

Rule 17.- Hearing.

Claims for awards will be heard on each week day not a legal holiday. Claimants may appear before the Commission either in person or by agent or attorney. If no appearance is made, the claim will be heard and disposed of upon the proof on file, if sufficient, or may be continued until a future day, or indefinitely, for attendance of applicant or counsel, or for furnishing of further proof.

The commission may assign a claim for preliminary hearing before one or more of its members, or before a duly authorized deputy or referee of the Commission. Notice of the time and place of such preliminary hearing shall be given in advance to both the claimant and the employer. Both parties may be represented at such hearing either in person or by agent or counsel. When such deputy or referee makes his report of such hearing, said report shall be referred to the Commission, and thereupon notice shall be given to the claimant and the employer of the time and place of hearing such report. Upon such hearing no additional evidence will be heard the question for hearing being the adoption of said deputy's or referee's report.

When the Director of Claims assigns a claim for hearing he shall forthwith give the claimant notice by postal card of the time and place of hearing, and at least three days shall elapse between the date of mailing such notice and the date of the hearing unless the claim to be heard involves only a claim for medical services, medicines or hospital services, in which event no notice of the time and place of hearing need be given. But the right to notice as provided herein may be waived by the claimant at the time of filing his application; and, if waived, the claim will be heard as soon as may be after the completion of the proof.

All awards other than for medical, nurse and hospital service and for funeral expenses, will be payable in bi-weekly installments, and will be paid directly to the claimant or beneficiary in all cases except where such claimant or beneficiary is an infant of tender years, or under some legal disability, in which event the award will be paid as provided by the General Code, Section 1465-83 (Section 36 of the Act), for the payment of benefits in case of death.

In case of temporary disability or partial impairment of earning capacity, the Commission, at the time of making the award, will fix a time at which payments shall cease, unless the injured employe shall make it appear to the Commission that he is still incapacitated, as a result of the injury for which the award was originally made. In such case a modification of the terms of the original award will be made.

Payments of awards in lump sums will be made only when, in a supplemental proceeding, it is made to appear to the Commission that it would be to the mutual advantage of the claimant or beneficiaries and to the State Insurance Fund.

Rule 21. Continuance.

The policy of the Commission will be to determine all questions brought before it as speedily as possible; but continuance of hearings for any reasonable cause may be had upon request of the claimant.

The Commission will continue hearings on its own motion only. when the volume of business is such as to demand it, or when the proof is not satisfactory, or is insufficient.

The Commission having continuing power and jurisdiction over an award, may make changes or modifications of its former findings, either upon its own motion or upon the application of the claimant or beneficiaries. If on its own motion, it must first notify the claimant or beneficiaries.

When a claim has been finally disposed of, and an award made, and the claimant or any other interested person thereafter desires to procure a modification of the findings of the Commission with respect to the award, the claimant or other interested person shall file with the Commission an application, which shall state in substance the nature and amounts of awards previously made and reasons for requesting a modification of the findings. The application should also be accompanied by the proof on which the claimant or other interested persons bases his claim for modification.

Upon such application being filed with the Department of Claims, it shall be docketed and set for hearing as in the case of original application.

Rule 23. Re-Hearing.

(a) When Application for Re-Hearing Filed Within Thirty Days.

When a claim has been heard by the Commission and a finding is made adverse to the claimant, and he or she is denied the right to participate at all in the State Insurance Fund on the ground that the injury was self-inflicted, or on the ground that the accident did not arise in the course of employment, or upon any other ground going to the basis. of the claimant's right, the claimant may, within thirty days after being notified of the final action of the Commission, file an application for re-hearing; and, thereupon, said claim will be again assigned for hearing and the claimant notified as in the case of original hearings. Such application for re-hearing shall be accompanied in every instance by the proof relied on by the claimant to establish his or her claim for an award.

(b) When Application for Re-Hearing Filed After Thirty Days.

When more than thirty days have elapsed between the date of the original hearing and the date of the application for a re-hearing is filed, the Commission will fix the time and place for hearing the application for re-hearing, notifying the claimant thereof, and upon the hearing of the application for re-hearing, if it appears to the Commission that substantial justice has not been done to the claimant, a re-hearing will be granted and claimant will be notified of the time and place of such re-hearing. If upon hearing said application for re-hearing the Commission is of the opinion that substantial justice was done to claimant at the original hearing, the claim for a re-hearing will be denied.

Application for re-hearing must be made on forms furnished by the Commission.

Rule 24. - Change in Rules.

The rules of the Commission are subject to alterations or amendment at any time; and the Commission will make additional rules, whenever, in its judgment, the same are necessary.

Adopted Oct. 23, 1919.