Chapter 4121-2 | Standards of Practice for Attorneys, Agents, and Representatives of Claimants or Employees

Rule 4121-2-01 | Standards of practice for attorneys, agents and representatives of claimants or employers.

• Effective: February 1, 2024
• Promulgated Under: 119.03

(A) Reasonable standards for those attorneys, agents and representatives who practice before the bureau of workers' compensation and the industrial commission shall include:

(1) Such attorney, agent or representative shall make themselves competent to handle such matters by becoming familiar with the statutes, decisions of the courts, and rules of the bureau and industrial commission relating to workers' compensation.

(2) Shall make adequate preparation before filing an application or appearing at a hearing.

(3) Shall not neglect or procrastinate in regard to any matter in which they represent a party.

(4) Abide by the rules of the bureau and the commission in appearing for a party or in filing applications.

(5) In general conduct themselves in accordance with the Ohio Rules of Professional Conduct (effective February 1, 2007; as amended effective June 17, 2020).

(B) No person other than an attorney in good standing may render advice or services in the preparation or presentation of a claim for compensation and benefits arising under the workers' compensation laws of Ohio if a fee for such advice or services is to be received from or charged against the one having such claim.

Last updated February 1, 2024 at 8:17 AM

Supplemental Information

Authorized By: 4123.06
Amplifies: 4123.06, 4123.96, 4123.88
Five Year Review Date: 2/1/2029
Prior Effective Dates: 2/1/2019

Rule 4121-2-02 | Suspension from practice.

• Effective: February 1, 2024
• Promulgated Under: 119.03

(A) The commission may suspend from practice before the bureau or the commission for such time as the commission determines, or reprimand as the nature of the offense warrants, representatives of claimants or employers who violate any reasonable rules made and promulgated by the commission under authority of law.

(B) Written charges shall be filed by the commission, the administrator of the bureau of workers' compensation, or by a person directly interested in the services of such representative, stating distinctly the grounds of the complaint. A copy of such charges is to be served on the representative, who shall be allowed a reasonable time in which to appear and make a defense, introduce evidence and be heard either in person or by counsel, or both.

(C) In case an order is made by the commission to suspend or reprimand such representative, the representative may appeal on questions of law to the Ohio supreme court, which may affirm or modify such order, or dismiss the complaint. Such appeal shall be filed within forty days after the order of the commission.

(D) The legal department of the commission shall make the investigations contemplated by section 4123.06 of the Revised Code and enforce such section and the rules promulgated by the commission pursuant to such section.

Last updated February 1, 2024 at 8:17 AM

Supplemental Information

Authorized By: 119.01, 119.03
Amplifies: 4123.06
Five Year Review Date: 2/1/2029
Prior Effective Dates: 2/1/1999