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Do You Know the Rule? Ohio Controversion of Pneumoconiosis Claims

02 Aug, 2023 Frank Ferreri

open pit mining g870c5c82b 640
                               

Columbus, OH (WorkersCompensation.com) -- When it comes to the Federal Coal Mine Health and Safety Act, the State of Ohio, and specifically its workers' compensation bureau, is authorized to act as an insurance carrier. Here are the rules that go along with that role.

(1) The bureau is a party in interest to all proceedings regarding claims filed against employers insured by the coal-workers' pneumoconiosis fund.
(2) All notices of claims received from employers insured by the coal-workers' pneumoconiosis fund, and all notices of claims received from the department of labor will be promptly reviewed by the bureau. The administrator or the administrator's designee is authorized to file notices of controversion in the name of the coal-workers' pneumoconiosis fund, in all cases where such action is warranted by the facts of the case or the law applicable to such facts.
(3) In any controverted claim, the administrator or designee is authorized to represent the interest of the coal-workers' pneumoconiosis fund in all proceedings pertinent to the controverted claim. This rule will does not limit or preclude a subscriber from obtaining private counsel to represent it in such claims, but expenses thereby incurred are the responsibility of the subscriber.
(4) Expenses in connection with the controversion of claims by the coal-workers' pneumoconiosis fund are charged to the coal-workers' pneumoconiosis fund.

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    About The Author

    • Frank Ferreri

      Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law.

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