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Third-Party Representation
CompManagement decision
In response to a challenge from a local bar association, the Ohio State Supreme Court late last year upheld the right of non-attorney representatives (TPAs) to continue appearing at administrative hearings for employers. This ruling re-affirmed a practice that had been in place for 34 years under an agreement between the Ohio Bar Association and the TPAs.
All permitted and prohibited TPA activities are detailed in Industrial Commission (IC) Resolution 04-1-01. It can be viewed at the IC’s website ( HYPERLINK "http://www.ohioic.com" www.ohioic.com) as can the IC’s follow-up May 23, 2005 memorandum which explains the resolution further in a question and answer format.
Among the highlighted TPA do’s and don’ts are the following:
TPAs can:
Attend BWC and IC hearings for an employer, inform the hearing officer
of facts documented in the BWC file, and read portions of those documents
to the hearing officer
Prepare and submit narrative witness statements for hearing
TPAs cannot:
Comment on, interpret or give an opinion on evidence, credibility
of witnesses, weight of evidence, or the legal significance of documents
in the BWC claim file at any hearing
Ask witnesses questions at a hearing
Outside of the hearing process, TPAs can mechanically complete and file all BWC and IC forms, and negotiate settlements (although they cannot sign a Settlement Agreement for an employer). A TPA cannot advise an employer of the legal ramifications of an Order or recommend whether to file an appeal. TPAs cannot file a Motion that would involve the application of facts or evidence with corresponding reference to statutes, case law, or BWC/IC rules or even make simple reference to these legal authorities in a filing.
The bottom line for employers is that TPAs will continue to play a significant role in representing them before the BWC and IC. A clear understanding TPA practice, and its limits can now be found in the Supreme Court’s ruling as well as the IC resolution and memorandum.