OAC Rule 10. Disfigurement Award.

A claimant may request a determination of additional compensation for disfigurement to areas of the claimant¿s body normally exposed to public view by filing an Application for Hearing & Disfigurement Only or by submitting a Request for Disfigurement Award form with photographs.

A. Application for Hearing & Disfigurement Only.

The Application for Hearing & Disfigurement Only shall be on a form provided by the OAC, or on a substantially similar form.

Copies of the Application for Hearing & Disfigurement Only must be mailed or delivered to the opposing party or parties, as provided by Rule 6, O.A.C.R.P.

An opposing party may file a Response to Application for Hearing & Disfigurement Only within 10 days of the mailing or delivery of the Application for Hearing & Disfigurement Only.

The OAC shall set the matter for hearing to occur no more than 40 days after the Application for Hearing & Disfigurement Only was filed, at a location, date, and time of its choosing, and shall send notice of the hearing to the parties, as provided by Rule 11, O.A.C.R.P.

A clerk of the OAC may reject any Application for Hearing & Disfigurement Only that is not complete. The rejection of an Application for Hearing & Disfigurement Only shall be without prejudice.

B. Disfigurement Award & Photographs.

A party may submit a Request for Disfigurement Award form to the OAC.  A photograph or photographs clearly showing the disfigurement and the face of the claimant shall accompany the request. The backs of the photographs shall be signed by the claimant and shall state the date each photograph was taken.  The date the photograph was taken must be at least six months after the date of the injury or surgery, or after the date of maximum medical improvement.  The signature of the claimant is the claimant's certification that the photograph accurately depicted the disfigurement on the date the photograph was taken.  A copy of the request, and a copy of the photographs, shall be provided to all opposing parties, as provided by Rule 6, O.A.C.R.P.  Any party may request reconsideration of a disfigurement award by photograph within twenty days of the date of the certificate of mailing of the disfigurement award by filing an Application for Hearing & Disfigurement Only.  If such an application is filed, the disfigurement award shall be withdrawn and vacated.

 The employer or insurer may credit any disfigurement award by any amount previously paid for disfigurement, unless provided otherwise in the disfigurement award. If the amount of the credit exceeds the disfigurement award, the employer or insurer may credit any permanent disability benefits not yet paid to the claimant.