The mistake for filing an appeal waiver form lies with the claimant even if a Bureau of Workers' Compensation employee misled her into filing the wrong form, the Ohio 10th District Court of Appeals has ruled.
Schoolteacher Amy Gager was injured in December 2001 during her course of employment for Bellefaire JCB. She filed a claim and moved for an additional allowance for "impingement right shoulder" and authorization for surgery.
A district hearing officer (DHO) allowed her claim. Her employer appealed the DHO's order to a staff hearing officer (SHO) and DHO's order was vacated.
In her e...
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