Ohio Administrative Code
Title 4121 - Industrial Commission
Chapter 4121-3 - Claims Procedures
Section 4121-3-25 - Application for change of occupation allowance

(A) Eligibility for a change of occupation allowance:

(B) This rule is applicable to public employees, employees of employers contributing to the private fund, employees of self-insuring employers and employees of amenable but noncomplying employers.

(C) If an employer or claimant timely appeals the order of the administrator issued under division (D) or (E) of section 4123.57 of the Revised Code, or in the case of a contested application, filed in a claim other than a state fund claim, requesting an award under division (D) or (E) of section 4123.57 of the Revised Code, the commission shall refer the claim to an appropriate district hearing officer according to the provisions of section 4123.511 of the Revised Code and rule 4121-3-09 of the Administrative Code.

(D) To qualify for an award, as described herein, the employee must establish by appropriate evidence that the employee has discontinued employment or has changed the employee's occupation to one in which the exposure is substantially decreased. The fact that the employee continues employment with the same employer will not preclude the granting of the award so long as employment subsequent to the change is such that the exposure is substantially decreased and the change of occupation is certified by the claimant as permanent.

(E) An award for change of occupation in excess of the initial thirty weeks must be supported by evidence of employment in an occupation in which the exposure is substantially decreased or evidence of reasonable attempts to secure employment in an occupation in which the exposure is substantially decreased.