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The C 108 Ohio form, an integral document within the state's workers' compensation system, facilitates a unique process wherein parties involved in a workers' compensation claim can voluntarily waive their right to appeal certain orders issued by the Bureau of Workers' Compensation (BWC) and the Industrial Commission of Ohio (IC). Employers, injured workers, and their respective attorneys or authorized representatives have the option to finalize decisions promptly by eliminating the appeal period for orders concerning the allowance of claims or compensation. However, this waiver applies exclusively to the order specified in the form submission and does not extend to any prior or future orders regarding the claim. The document necessitates clear and concise completion, including personal and claim-related information, followed by submission through mail, fax, or online platforms as directed by the BWC. This process, underscored by its embrace of both precision and flexibility, embodies the legal framework's capacity to adapt to stakeholders' needs, stipulating that both injured workers and employers—or their non-attorney representatives acting under explicit instruction—must agree to the waiver. Furthermore, for orders solely related to compensation, an employer's waiver suffices unless the business is no longer operating in Ohio, which then no waiver is demanded. The waiver's irreversibility emphasizes the criticality of informed decision-making, ensuring that parties fully comprehend the implications of their consent to waive appeal rights regarding specific orders.

Example - C 108 Ohio Form

Waiver of Appeal Period

Instructions

Please print or type.

Complete all applicable portions of this form.

Submit the form by mailing or faxing the signed and dated copy to the customer service office where the claim is located. You may also complete this form online at ohiobwc.com.

Claim Information

Injured worker name

Date of injury

Claim number

Address

City

State

Nine-digit ZIP code

Employer name

Address

City

State

Nine-digit ZIP code

Please read the information below before signing this form.

Ohio workers' compensation law permits parties to a claim to waive, in writing, their right to appeal orders issued by BWC and the Industrial Commission of Ohio (IC). To waive an order's appeal period, the following must be filed in writing.

OFor orders that include the allowance of anything other than compensation, the injured worker and employer must submit a signed waiver. If the employer is out of business in Ohio, only the injured worker must submit a waiver.

OFor orders that include only the allowance of compensation, the employer must submit a signed waiver. If the employer is out of business no waiver is needed.

OFor IC orders, BWC must submit a signed waiver, in addition to the injured worker and/or employer.

The injured worker, the employer or attorneys who represent them can sign waivers. Non-attorneys may sign a waiver at the direction of the party they represent, but cannot sign at their independent discretion. When the required parties agree to waive their appeal rights, the order's appeal period automatically expires.

This request for waiver of appeal applies only to the order specified below, not to all past or future orders affecting the claim. Therefore, waiving your right to appeal an order will not prohibit you from appealing other orders pertaining to the claim.

The undersigned agree to waive the right to appeal the order with the mailing date of

,

which was issued in the above named claim.

 

 

Injured worker/Authorized representative

X

Date

I am a non-attorney representative for the injured worker who is signing at the direction of the injured worker.

Employer/Authorized representative

Date

X

I am a non-attorney representative for the employer who is signing at the direction of the employer.

BWC Administrator/Authorized representative

Date

X

May only waive appeal rights to IC orders.

BWC-1231 (Rev. 4/17/2012)

C-108

Document Properties

Fact Name Description
Purpose of Form C-108 This form is used for waiving the right to appeal workers' compensation orders issued by BWC (Bureau of Workers' Compensation) and the Industrial Commission of Ohio.
Who Can Sign the Waiver The waiver can be signed by the injured worker, the employer, or their attorneys. Non-attorneys may sign under the direction of the party they represent but not at their own discretion.
Conditions for Waiving Appeal Rights For waiving appeals on orders involving compensation allowance, the employer must sign. If the employer is out of business, no waiver is needed, except for IC orders where BWC also must submit a signed waiver.
Governing Law This form and the waiver process it supports are governed by Ohio workers' compensation law.

Detailed Instructions for Using C 108 Ohio

The form C-108 in Ohio plays a crucial role in the workers' compensation process by enabling involved parties to waive their right to appeal certain orders by the Bureau of Workers' Compensation (BWC) and the Industrial Commission of Ohio (IC). This waiver only applies to the specific order mentioned in the document and does not affect the right to appeal future orders pertaining to the same claim. The form must be correctly filled out and submitted, following the instructions provided, to ensure the waiver is valid and effectively processed. Here's a step-by-step guide to completing the C-108 form:

  1. Preparation: Before filling out the form, ensure you have all the necessary information, including the details of the injured worker, the claim number, and the employer's information. Prepare to print or type to ensure clarity.
  2. Section 1 - Claim Information: Input the injured worker's name, the date of the injury, and the claim number in the designated spaces. Follow this by providing the address information, including city, state, and the nine-digit ZIP code.
  3. Section 2 - Employer Information: Fill in the employer's name and address, including city, state, and ZIP code. Ensure the information matches what is on record with the BWC and IC.
  4. Waiver Information: Read the paragraph explaining the waiver conditions carefully. Understand that by signing this form, you are waiving the right to appeal the order specified, and this action is irreversible regarding the appeal period of that particular order.
  5. Signing the Waiver: Determine who needs to sign the waiver based on the type of order being waived. If it's for an allowance other than compensation, both the injured worker and the employer need to sign. For compensation allowance orders, only the employer's signature is needed unless the employer is out of business. For IC orders, in addition to the injured worker and/or employer, a BWC Administrator must sign.
  6. Section 3 - Order Information: Specify the order you are waiving your right to appeal by writing the mailing date of the order in the space provided. This is critical to ensure the correct order is identified and the waiver is applied properly.
  7. Completing the Signature Section: Have the injured worker or their authorized representative sign and date the form. If an employer's signature is required, ensure they or their authorized representative also sign and date. If applicable, a BWC Administrator's signature must be included for IC orders.
  8. Submission: After ensuring all applicable portions of the form are filled out and signed, submit the form via mail or fax to the customer service office where the claim is located. You can also complete this form online at the BWC website if preferred.

After submitting the form, it will be processed by the relevant customer service office. This step is a formal acknowledgement of the parties' decision to waive their rights to appeal a specific order. It is important to retain a copy of the submitted form for your records. If there are any concerns or questions about the waiver or the process, it's advisable to contact the BWC or seek legal guidance.

What You Should Know About C 108 Ohio

What is the purpose of the C-108 Ohio form?

The C-108 form is used in the state of Ohio to waive the appeal period for orders issued by the Bureau of Workers' Compensation (BWC) and the Industrial Commission of Ohio (IC). It serves the purpose of allowing parties involved in a workers' compensation claim—including the injured worker, the employer, or their representatives—to expedite the resolution process by voluntarily giving up their right to appeal a specific order related to the claim. This waiver applies only to the appeal period of the order specified, and does not affect the ability to appeal other orders within the claim.

Who needs to sign the C-108 form?

The requirements for signing the C-108 form depend on the nature of the order being appealed. If the order includes the allowance of anything other than compensation, both the injured worker and the employer must submit a signed waiver, unless the employer is out of business in Ohio—in which case, only the injured worker's signature is required. For orders that include only the allowance of compensation, the employer must sign the waiver; if the employer is no longer in business, no waiver is needed. Additionally, for orders issued by the IC, a BWC administrator must also submit a signed waiver. Authorized representatives or attorneys for the parties can sign on their behalf, and non-attorney representatives may sign at the specific direction of the party they represent.

How can the C-108 form be submitted?

The completed and signed C-108 form can be submitted in a couple of ways. It can be mailed or faxed directly to the customer service office handling the claim. Alternatively, parties have the option to complete and submit the waiver form online at the official Ohio Bureau of Workers' Compensation website, ohiobwc.com. This flexibility ensures that the process is accessible and convenient for all parties involved in the claim.

Does waiving appeal rights on an order through the C-108 form affect future orders?

No, waiving the appeal rights for an order by using the C-108 form does not affect your rights to appeal future orders related to the same claim. The waiver is order-specific, meaning it only applies to the appeal period of the order detailed in the waiver form. All parties retain their rights to appeal any other orders issued by the BWC or the IC in the future, ensuring that the waiver does not limit the ability to contest other decisions or actions pertaining to the claim.

Common mistakes

When completing the C 108 Ohio form, a waiver of appeal period form, individuals often make a few common mistakes. Avoiding these errors can ensure the form is processed smoothly and in a timely manner.

  1. Not printing clearly or typing.

    This form requires information to be either printed clearly or typed. Handwritten forms that are difficult to read can lead to mistakes in processing, potentially delaying the outcome.

  2. Omitting important sections.

    All applicable portions of the form must be completed. People sometimes skip sections that are relevant to their claims, causing incomplete submissions. This includes personal information, claim details, and specifics about the waiver request.

  3. Incorrectly filling out the claim number or other critical details.

    Every section, including the claim number, date of injury, and personal details, must be filled out correctly. Incorrect information can mismatch or delay the claim process.

  4. Not including all necessary signatures.

    The form must be signed and dated by the injured worker or their authorized representative and the employer or their representative, depending on the nature of the order. In some cases, failure to obtain all required signatures can invalidate the waiver request.

  5. Failing to read the waiver instructions and conditions before signing.

    It is essential to understand the implications of waiving appeal rights. This decision cannot be undone for the specific order you are waiving. Not fully understanding or reading the conditions and instructional part of the form might lead to unintended consequences.

To sum up, paying careful attention to detail and ensuring to read and complete each part of the C 108 form can prevent these common mistakes. This will help in making the entire process smoother for everyone involved.

Documents used along the form

In the realm of Ohio workers' compensation claims, the completion and submission of the C-108 form, used to waive the appeal period for certain workers' compensation orders, is just the beginning of a multifaceted documentation process. Alongside this primary form, various other documents play critical roles in ensuring a comprehensive and legally compliant claim process. These documents range from initial injury reports to detailed medical records, each serving a specific purpose in the broader context of a claim.

  • FROI-1 (First Report of an Injury, Occupational Disease, or Death): This is the initial report filed by an employer once an injury, occupational disease, or death has occurred at the workplace. It's crucial for starting the workers' compensation claims process.
  • C-84 (Request for Temporary Total Compensation): This form is used by injured workers to apply for temporary total disability benefits when they are completely unable to return to work for a short period due to their workplace injury or occupational disease.
  • MedCo-14 (Physician's Report of Work Ability): This document provides specific information on an injured worker's physical capabilities and restrictions, offering guidance on their ability to return to work, which can be either in a limited or full capacity.
  • MEDCO-13 (Request for Medical Service Reimbursement or Recommendation for Additional Conditions for Industrial Injury or Occupational Disease): When medical providers recommend services or identify additional conditions related to the workplace injury, this form is necessary for reimbursement and record purposes.
  • C-92 (Application for Determination of Percentage of Permanent Partial Disability or Increase of Permanent Partial Disability): Injured workers seeking to establish or increase their percentage of permanent partial disability utilize this form.
  • C-3 (Wage Statement): Employers complete this form to provide details on an injured worker's earnings for the purposes of calculating compensation benefits.
  • BWC-3914 (Employer's Report of Suspected Fraud): This form allows employers to report suspicions of workers' compensation fraud by providing detailed information on the alleged fraudulent activity.
  • C-5 (Authorization for Representation): This document is used by injured workers to authorize attorneys or other representatives to act on their behalf in workers' compensation claims.
  • BWC-7514 (Request for Public Employment Risk Reduction Program Consultation): Public employers requesting a safety consultation to reduce workplace hazards fill out this form.
  • OBWC-1360 (Motion for Additional Allowance): This form is used to request the addition of new conditions or allowances to an existing workers' compensation claim.

Understanding and accurately completing these documents can ensure that all parties involved in a workers' compensation claim — from the injured workers and their employers to medical providers and legal representatives — navigate the process smoothly and in compliance with Ohio law. Procuring timely and proper documentation not only facilitates the resolution of claims but also supports the well-being of the injured worker, aiding in their recovery and eventual return to work.

Similar forms

The C-108 form in Ohio, which is associated with workers' compensation and the waiver of the appeal period, shares similarities with the Release of Liability form. Like the C-108, a Release of Liability requires parties to voluntarily give up their rights to pursue legal action once they sign the document. Both forms necessitate a clear understanding from the parties involved about the rights they are relinquishing. This mutual understanding helps prevent future disputes, ensuring that all individuals are aware of their decisions' ramifications.

Similarly, the Settlement Agreement form found in various legal contexts parallels the C-108 form in its function of preventing further dispute by having parties agree to specific terms. The Settlement Agreement often includes clauses that preclude parties from suing on the same issue again, much like how the C-108 form waives the right to appeal decisions in a workers' compensation claim. Through these agreements, parties seek to find a resolution that is mutually acceptable, closing the door on that particular dispute.

The C-108 form also resembles a Consent Decree, particularly in legal disputes that involve regulatory or compliance issues. A Consent Decree, agreed upon by all parties and approved by a judge, effectively ends the litigation while ensuring that certain actions are taken or refrained from. Like the C-108, it is a written agreement that concludes an issue between parties, but with the added weight of judicial oversight and enforcement capability, ensuring that agreements are adhered to.

The Non-disclosure Agreement (NDA) is another document that echoes the essence of the C-108 form, though in a different realm. NDAs are designed to protect sensitive information, requiring parties to keep certain data confidential. Both the NDA and the C-108 involve written commitments from the parties, focusing on the assurance that specific rights or privileges (to share information or to appeal, respectively) are willingly foregone to achieve a broader goal or agreement.

Another similar document is the Power of Attorney (POA), which grants someone the authority to act on behalf of another in legal or financial matters. While the POA often deals with broader scopes of authority, the C-108 form requires individuals to act within a restricted boundary – waiving the right to appeal a workers' compensation decision. Both, however, are pivotal in their capacities to alter the course of legal rights and obligations based on the agreements made within them.

The Arbitration Agreement also shares a conceptual similarity with the C-108 form by focusing on how disputes are resolved. By signing an Arbitration Agreement, parties agree to settle a dispute outside of court, which inherently involves waiving certain legal rights, including a broad right to appeal. The C-108 essentially achieves a similar function within the specific context of workers' compensation claims by precluding further appeals on agreed-upon matters.

Finally, the Medical Release Form, while primarily used in healthcare to authorize the sharing of personal health information, mirrors the C-108 form's principle of informed consent and waiver of rights. Just as individuals must acknowledge and agree to the dissemination of their health information, parties to the C-108 form must understand and agree to waive specific legal rights. Both documents underscore the importance of a conscious decision to relinquish certain privileges or rights for a defined purpose.

Dos and Don'ts

When filling out the C 108 Ohio form, there are specific steps you should take for a seamless process, as well as pitfalls to avoid. Pay close attention to these guidelines to ensure your form is filled out accurately and efficiently.

  • Do print or type clearly to prevent any misunderstandings or processing delays due to illegible handwriting.
  • Do complete all applicable portions of the form to avoid unnecessary delays. Incomplete forms may be returned or require additional follow-up, slowing down the process.
  • Do submit the form by mailing or faxing it to the customer service office where the claim is located. Ensure you have the correct contact information to prevent misdirection.
  • Do consider completing the form online at ohiobwc.com if you want a more streamlined and possibly quicker submission process.
  • Don’t forget to check the waiver requirements based on the type of order (inclusion of compensation, allowance of other benefits, or IC orders) to ensure all necessary parties have signed the waiver.
  • Don’t ignore the requirement for non-attorneys to have authorization if they are signing the waiver. Unauthorised signatures can invalidate your submission.
  • Don’t waive your rights without understanding the consequences. Once you waive your right to appeal an order, you cannot contest the order even if you disagree with it later on.
  • Do ensure that all required parties agree to waive their appeal rights. Without the agreement of all parties, the appeal period cannot be waived.
  • Don’t use the waiver to attempt to cover all past or future orders related to the claim. This waiver only applies to the specific order mentioned in the form.

Following these do's and don'ts can save you time and protect your rights when dealing with the C 108 Ohio form. Always double-check your submission for accuracy and completeness to ensure the best possible outcome for your claim.

Misconceptions

Understanding the C 108 Ohio form and its role within the Ohio workers' compensation system is essential for parties involved in a claim. However, there are several misconceptions about this form that need clarification:

  • Misconception 1: The form waives all future appeal rights on any order. In reality, waiving your appeal rights using this form applies only to the specific order mentioned in the form, not to all future orders related to the claim.

  • Misconception 2: Once this form is submitted, it cannot be reversed. While the form does waive rights to appeal the specific order, this decision is final once the waiver period expires. It's important to understand the permanence of this action in the scope of the appealed order.

  • Misconception 3: Only the injured worker needs to submit this waiver. Actually, depending on what the order includes, both the injured worker and the employer, or just the employer, might need to submit a waiver. The Bureau of Workers' Compensation (BWC) must submit a waiver for Industrial Commission orders.

  • Misconception 4: Attorneys cannot sign the waiver. Attorneys representing the injured worker or employer can sign the waiver. However, non-attorneys may also sign but only at the direction of the party they represent.

  • Misconception 5: You must mail or fax the signed form. Though mailing or faxing is mentioned as a submission method, you can also complete and submit this form online, offering a convenient alternative for parties.

  • Misconception 6: The form is complicated to complete. The form actually requires only basic information about the claim, the injured worker, and the employer, along with the specific order being waived and signatures of the agreeing parties.

  • Misconception 7: Any party can waive appeal rights independently. Waiver of appeal rights requires agreement from specific parties as outlined on the form, reflecting the nature of the order being waived.

  • Misconception 8: The appeal waiver applies to both BWC and Industrial Commission of Ohio (IC) orders by default. While the form does cover orders from both BWC and IC, BWC must submit a signed waiver for IC orders specifically, indicating a clear demarcation in the process.

  • Misconception 9: The employer's business status in Ohio does not affect the waiver requirement. If the employer is out of business in Ohio, certain waiver requirements differ, such as not needing an employer's waiver for orders that include only the allowance of compensation.

  • Misconception 10: Filling out and submitting this form is always mandatory. This form is voluntary and should be completed only when the parties decide to waive their rights to appeal a specific order.

Clearing up these misconceptions ensures that all parties involved in a workers' compensation claim in Ohio understand their rights and responsibilities regarding the waiver of appeal rights. Always consider seeking legal guidance to fully understand the implications of submitting the C 108 form.

Key takeaways

Understanding how to properly fill out and use the C-108 form in Ohio is crucial for those involved in a workers' compensation claim. Here are six key takeaways to note:

  • Always print or type information to ensure that all details on the form are legible. This helps prevent misunderstandings or processing delays.
  • It is essential to complete all applicable portions of the form, as missing information can lead to delays in processing or the inability to waive the appeal period as intended.
  • The C-108 form can be submitted in several ways: by mailing or faxing the signed and dated copy to the customer service office where the claim is located, or by completing the form online at the official Ohio Bureau of Workers' Compensation (BWC) website.
  • By signing the form, the parties involved agree to waive their right to appeal certain orders issued by the BWC and the Industrial Commission of Ohio (IC), specifically relating to the claim identified in the form.
  • Different requirements exist depending on the type of order being waived. For example, waivers for orders that include the allowance of anything other than compensation require both the injured worker and the employer to submit a signed waiver, unless the employer is out of business in Ohio.
  • Waiving the right to appeal an order through the C-108 form is specific to the order mentioned and does not affect the parties' ability to appeal other orders related to the claim in the future.
    This specificity ensures that waiving an appeal for one decision doesn't inadvertently waive rights for future disputes.

Properly understanding and completing the C-108 form is a step towards efficiently managing workers' compensation claims in Ohio. It's important for all parties involved—whether the injured worker, the employer, or their representatives—to be aware of these requirements and to follow the specified procedures closely.

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