What Happens at a Workers’ Compensation Hearing?

In Ohio, workers’ comp hearings don’t normally last long, but what happens in that room (or on that video call) can determine whether your medical treatment gets approved, your benefits continue, or your claim gets allowed at all. This is why it’s so important to be prepared with the right evidence and the right workers’ compensation lawyer.

If you’ve received a Notice of Hearing from the Ohio Industrial Commission, you’re probably wondering what to expect. This guide walks you through what happens before you attend, what the workers’ compensation hearing process itself looks like, and what comes next after the Hearing Officer makes a decision.

The Ohio Workers’ Comp System: Who Does What?

Before we get into the hearing itself, it helps to know which agency does what in Ohio’s workers’ compensation system. 

• Ohio Bureau of Workers’ Compensation (BWC): This is the state agency that administers the system for most employers. The Ohio Bureau of Workers’ Compensation handles claims, pays benefits, and issues initial orders that allow conditions and approve treatment and compensation. 
• Self-Insured Employers: Some larger Ohio employers are self-insured, which means they administer their own workers’ comp claims instead of going through the BWC. The decisions still follow Ohio workers’ comp state laws, but the self-insured employer (not the BWC) issues the initial orders.
• Ohio Industrial Commission (IC): The Ohio Industrial Commission serves as the final administrative appeal body for disputed workers’ compensation claims in Ohio. It holds hearings (separate from the Ohio BWC) to resolve conflicts over medical benefits, disability payments, and injury claims between injured workers and employers.

The Three Hearing Levels in Ohio

The Ohio Industrial Commission has three levels where your case can be heard. Each one reviews the evidence and makes a decision, and if you disagree with that decision, you can usually appeal to the next level. 

• District Hearing Officer (DHO): This is the first formal hearing level for most contested issues. When you appeal a decision from the BWC or a self-insured employer, your case gets assigned to a DHO who reviews the evidence, holds a hearing, and issues a written order.
• Staff Hearing Officer (SHO): If you disagree with what the DHO decided, you can request a hearing before a Staff Hearing Officer. The SHO reviews the same claim file and any new evidence, holds another hearing, and issues a new order that can affirm, reverse, or modify what the DHO decided.
• Commission Level: After the SHO issues an order, you may request further review by the Industrial Commission. In many cases, the Commission has discretion to accept or refuse the appeal.

Step-by-Step: What Happens Before the Hearing

Once you file an appeal with the Industrial Commission, the IC will mail you a Notice of Hearing. This notice tells you the date and time of your hearing, the location (and virtual meeting instructions), and the exact issue that will be decided. 

Virtual and In-Person Options in Ohio

All hearings are held in person but the Ohio Industrial Commission now offers virtual hearings through Webex as well. Your hearing notice will include a Webex link and meeting ID if virtual attendance is available. If you can’t access the video, you can call in using the phone number and access code on your notice. You can choose whether to attend the hearing in person or to participate virtually. You do not need to provide any advance notice of this.

Evidence Preparation and Exchange

Make sure the documents you want the Hearing Officer to review are already in your claim file. If you have a recent medical report or a new diagnostic testing result, submit it to the BWC or your employer’s administrator before the hearing so it becomes part of the official record. If you’re working with an attorney, they’ll handle the evidence exchange. 

Who Should Attend and Why

Your employer (or their representative) will likely attend, especially if they’re the ones who appealed. Self-insured employers usually send a claims administrator or attorney. For BWC claims, the employer’s third-party administrator or a company representative typically appears. If you have an attorney representing you, they’ll attend and present your case for you.

Mini-Checklist: What to Have Ready

• Hearing notice (with the issue being decided)
• Your claim number
• Key medical evidence (most recent doctor’s reports and medical records)
• Timeline of events (injury circumstances and date, treatment received, current work status)
• Questions you want answered by the end of the hearing

What the Hearing Itself Looks Like

Most Industrial Commission hearings are shorter than you’d expect (many last only 15 to 30 minutes). If you’re attending virtually, you’ll join the Webex meeting a few minutes early and wait in a virtual lobby until the Hearing Officer admits you to the session. If you’re attending in person, you’ll wait in a designated area until your case is called in the hearing room.

Once the meeting starts, each side can give a short presentation. You (or your attorney) will explain the outcome you want and which evidence supports your position. The employer’s representative does the same from their side. The Hearing Officer may ask questions to clarify things like your medical status. Once both sides have presented their arguments and the Officer has asked any necessary questions, the hearing is closed. The Officer won’t announce a decision right then; you’ll receive a written order in the mail soon afterward.

After the Hearing: The Written Order and What It Means

Ohio law requires DHO and SHO decisions to be issued within seven days after the hearing closes. This written order will state something along the lines of “The claim is allowed for lumbar strain” or “The request for MRI is denied.” It will also cite the evidence the Hearing Officer relied on, such as injury details, medical documentation, diagnostic test results, or witness statements. Finally, the order will provide information about your appeal rights, including the deadline to file an appeal and which level of review comes next.

If you win, bear in mind that it may take time before benefits are actually paid or treatment is scheduled. The BWC or your self-insured employer has to implement the order, which may involve updating your claim file, issuing payment, or notifying your medical providers. This can take a few weeks, so don’t be alarmed if you don’t see immediate changes. If the Hearing Officer rules against you (or grants only part of what you requested), you can file an appeal within 14 days after you receive the order in the mail. 

Appeals in Ohio: What’s Next After DHO, SHO, and Commission

If you disagree with a Hearing Officer’s decision, you have the right to appeal to the next level, but the path forward depends on whether you’re appealing a decision from a DHO, SHO, or the Commission, as well as the disputed issues themselves. 

DHO to SHO (As of Right)

Ohio law guarantees your right to appeal a DHO decision to the SHO level. This is called an appeal “as of right,” which means the SHO must hear your case if you file the appeal within the 14-day deadline. The SHO reviews the entire claim file, considers any new evidence you submit, and holds a new hearing. They aren’t bound by what the DHO decided: the SHO can affirm the DHO’s order, reverse it, or modify it. 

SHO to Commission Level (Often Discretionary)

After the SHO issues an order, you have 14 days from the date you receive it to file a written appeal to the Commission. You can do so online through ICON (the Industrial Commission Online Network) or by submitting Form IC-12 at the IC office where your hearing took place.

Commission-level hearings are discretionary, which means the three Commissioners can refuse to hear your appeal or accept it for a hearing. In most situations, the Commission refuses the appeal, and the SHO order becomes final; if this happens to you, you can file a request for reconsideration under Resolution R08-1-01. This gives you one more chance to ask the Commission to review your case, but there’s no guarantee they’ll change their decision.

Court Appeals

Not all Industrial Commission decisions can be appealed to the Ohio court system. Right to participate issues (disputes about which injuries or conditions should be allowed in your claim) can generally be appealed to the common pleas court under Ohio Revised Code Section 4123.512. In this instance, the court reviews the Commission’s decision to determine if it was lawful and supported by the evidence in the record. You have 60 days from the date you receive the Commission’s order to file your appeal in court. 

Note: Extent of disability disputes (e.g., questions about the percentage of permanent partial disability, the duration of temporary total disability, or compensation levels) remain within the Industrial Commission system and can’t be appealed to court. The Commission’s decision on these matters is therefore final. 

Why Work with Our Ohio Workers’ Compensation Attorneys?

While you can represent yourself at an Industrial Commission hearing, it puts you at a disadvantage. Your employer or their third-party administrator will likely send a representative or attorney who knows the system, the deadlines, and how to present evidence persuasively. The BWC may also have representation. Here’s what an experienced Ohio workers’ compensation attorney brings to your case.

• Knowledge of Ohio Workers’ Compensation Law: Workers’ comp statutes, administrative rules, and case law are technical and constantly evolving. An attorney knows which medical evidence the Hearing Officer needs to see, which legal standards apply to your issue, and how to frame your argument. They can also spot problems in your claim file that you might miss and fix them before the hearing.
• Evidence Development: To win at a hearing, you need detailed physician narratives that support allowing conditions or approving treatment. For example, if you’re claiming a back injury from repetitive lifting, the doctor’s report needs to explain the mechanism of injury: how the repetitive lifting caused the herniated disc or strain. If your existing medical records don’t include this information, an attorney can request supplemental opinions or C-9 forms.
• Presentation at Hearings: Ohio workers’ compensation attorneys know how to present your case in the limited time Hearing Officers allow. They can organize your argument around the exact issue listed on the hearing notice, cite the medical reports and page numbers that support your position, and explain why the evidence meets the legal standard.
• Handling Appeals Through Multiple Levels: If you lose at the DHO level, your attorney can immediately file the SHO appeal and prepare for the next hearing. If the case goes to the Commission level or to court, they know the different filing requirements and how to argue your case at each stage. Self-represented workers frequently make mistakes at these higher levels that attorneys avoid automatically.

In Ohio, workers’ compensation attorneys work on a contingency fee basis, which means you don’t pay anything unless you win your case. The fee, which comes out of your recovery, is capped by Ohio law. This makes legal representation accessible even when you’re not receiving income because of your injury.

Get a Free Consultation From Our Ohio Workers’ Compensation Attorney

At Plevin & Gallucci, we believe that legal representation is critical during your workers’ compensation claim as well as any ensuing hearings. The BWC or your self-insured employer won’t always have your best interests in mind, but your attorney will. We’ve represented injured Ohio workers at workers’ comp hearings for over 50 years and know how to protect your appeal rights at every level. Call us at 1-855-4-PLEVIN or use our contact form to schedule a free consultation about your workers’ compensation claim and hearing.