Right to Participate in the Fund

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Right to Participate in the Fund

Basic Test for Compensability of Claim
 
To be compensable, an injury must be accidental and must have occurred in the course of, and arose out of, employment.  R.C. 4123.01.
 
 
Right to appeal
When the BWC and Industrial Commission make a determination as to whether a claimant is or is not entitled to participate in the workers’ compensation fund for an alleged injury or occupational disease, the claimant or employer may file an appeal to court.  There are specific deadlines for filing the appeal. In court, the claimant has the burden to show that he or she is entitled to participate in the fund for the condition at issue.  Any party to the appeal may request a jury trial.  R.C. 4123.512.