We've discussed filing for an additional allowance elsewhere on my website, but I want to touch on why it's so important to talk to an attorney before requesting coverage for a new injury or illness in Ohio.
This is especially true if you're already my client—even if your doctor assures you he or she can take care of it. I'm also happy to discuss your options if I wasn't the attorney for your original claim.
Here’s everything you need to know about filing for an additional allowance in Ohio.
What Is an Additional Allowance?
When you initially apply for workers’ compensation, you must list specific injuries or diagnoses. If you're approved, it will be to treat those conditions.
However, you may later discover an additional condition wasn't diagnosed during your initial application; or has developed because of your original injury or illness. A typical example is when a knee injury changes how you walk and then your low back hurts since your body mechanics have changed. When this happens, the new condition must be recognized in your claim before treatment will be covered by workers’ comp. This is known as requesting an additional allowance.
You or Your Doctor Can Technically File the Request
Filing for an additional allowance requires submission of form C-9 to the Bureau of Workers’ Compensation (BWC), which your doctor can do. You are also permitted to file a C-86 form, signed by you (not by your doctor!), with medical support linking the new condition with your original injury. Seems simple enough, but what’s on the form will be essential for determining whether your additional allowance is approved.
Unfortunately, even BWC-certified doctors don’t understand the legal implications of sending in an incomplete application. It’s not enough that the request is coming from a doctor. The BWC needs to see clear and compelling evidence that the new condition is related to the original injury.
If this evidence is missing, your request could be referred to the Ohio Industrial Commission for a hearing. If the Industrial Commission disallows the additional condition, it will be permanently rejected, unless you're willing to invest much more time and money by appealing their decision, sometimes all the way to Common Pleas Court.
I Can Save You Valuable Time and Money
You can avoid this trouble by consulting with me before filing a C-9 request or C-86 motion form. If I believe there's sufficient evidence connecting the new condition to the original accident or illness, I'll submit a legally and medically supported request. If there's not enough evidence, I'll advise you not to file—or at least wait until sufficient evidence is gathered. Either way, you can save yourself time and legal fees.
I've helped employees of WalMart, Anheuser-Busch, UPS, Honda, Ohio State, and many others get approval for additional allowances. For an easy-to-read overview of the Ohio workers’ comp process, request our free e-book to discover how to handle filing a claim, ways to avoid contested claims, and more about additional allowances.