Industrial Commission Updates Adjudications Before the Industrial Commission Memos B2, C1, and M7

  • In May, 2017, the Comp Connection reported on the Ohio Supreme Court’s decision in Clendendin v. Girl Scouts of Western Ohio, 2017-Ohio-2830, which found that Commission decisions regarding the return of a substantially aggravated condition to its pre-injury status is an extent of disability decision. Memo B2 has been updated to reflect the Supreme Court’s decision in Clendenin. For the most part, Memo B2 remains the same, setting forth that hearing officers must ensure their orders clearly identify substantial aggravation, specifying the medical evidence supporting such theory of recovery.  The Commission continues to view substantial aggravation as a “legal” determination, although Ohio courts tend to view substantial aggravation as a question of fact.  See Rowland v. Buerhrer, reported in this edition of the Comp Connection.


  • Memo C1 addresses the adjudication of Occupational diseases pertaining to firefighters and police officers. On September 29, 2017, amendments to R.C. 4123.68 will become effective, which amendments create a presumption that a firefighter who is disabled as a result of cancer incurred the cancer while performing official duties.  The new law also provides the circumstances under which the presumption may be rebutted.


  • Memo M7 sets forth which medical practitioners are permitted to submit treatment requests for adjudication before the Commission. The Memo provides: “Treatment requests for physical conditions may be submitted by a Medical Doctor, Doctor of osteopathy, Chiropractor, Advanced Practice Nurse, Nurse Practitioner, Clinical Nurse Specialist, Mechanotherapist, Physician Assistant, Physical Therapist, Occupational Therapist, Optometrist, or Audiologist. Treatment requests for psychological conditions may be submitted by a Psychologist, Medical Doctor, Doctor of Osteopathy, Licensed Professional Clinical Counselor, or Licensed Independent Social Worker.”


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