Ohio § 4123.52

§ 4123.52.

(A) The jurisdiction of the industrial commission and the authority of the administrator

of workers' compensation over each case is continuing, and the commission may make

such modification or change with respect to former findings or orders with respect

thereto, as, in its opinion is justified.  No modification or change nor any finding or award in respect of any claim shall

be made with respect to disability, compensation, dependency, or benefits, after five

years from the date of injury in the absence of medical benefits being provided under

this chapter or in the absence of payment of compensation under section 4123.57 , 4123.58, or division (A) or (B) of section 4123.56 of the Revised Code or wages in lieu of compensation in a manner so as to satisfy the requirements of section 4123.84 of the Revised Code , in which event the modification, change, finding, or award shall be made within

five years from the date of the last medical services being rendered or the date of

the last payment of compensation or from the date of death, nor unless written notice

of claim for the specific part or parts of the body injured or disabled has been given

as provided in section 4123.84 or 4123.85 of the Revised Code .  The commission shall not make any modification, change, finding, or award which

shall award compensation for a back period in excess of two years prior to the date

of filing application therefor. (B)(1) As used in this division, “ prosthetic device ” means a custom fabricated or fitted device used to replace a missing appendage or

other external body part.  “ Prosthetic device ” includes an artificial limb, hand, foot, or eye or an intraocular lens.  “Prosthetic device” does not include a dental appliance, eyeglasses, hearing aid,

ostomy product, or any other item that does not have a significant impact on the musculoskeletal

functions of the body such as breast prostheses, eyelashes, wigs, and other cosmetic

devices. (2) Notwithstanding any provision to the contrary in division (A) of this section, the

commission or administrator may, regardless of the date of injury or the last payment

of compensation or benefits, order payment to purchase, repair, or replace a prosthetic

device if the purchase, repair, or replacement is necessary due to an amputation or

loss that resulted from an allowed injury or occupational disease. (3) Ordering a payment under division (B)(2) of this section does not extend the time

period during which the commission or administrator may modify or change a former

finding or order in a claim as provided under division (A) of this section. (C) Notwithstanding division (A) of this section, and except as otherwise provided in

a rule that shall be adopted by the administrator, with the advice and consent of

the bureau of workers' compensation board of directors, neither the administrator

nor the commission shall make any finding or award for payment of medical or vocational

rehabilitation services submitted for payment more than one year after the date the

services were rendered or more than one year after the date the services became payable

under division (I) of section 4123.511 of the Revised Code , whichever is later.  No medical or vocational rehabilitation provider shall bill a claimant for services

rendered if the administrator or commission is prohibited from making that payment

under this division. (D) Division (C) of this section does not apply to requests made by the centers for medicare

and medicaid services in the United States department of health and human services

for reimbursement of conditional payments made pursuant to section 1395y(b)(2) of title 42, United States Code (commonly known as the “Medicare Secondary Payer Act”). (E) This section does not affect the right of a claimant to compensation accruing subsequent

to the filing of any such application, provided the application is filed within the

time limit provided in this section. (F) This section does not deprive the commission of its continuing jurisdiction to determine

the questions raised by any application for modification of award which has been filed

with the commission after June 1, 1932, and prior to the expiration of the applicable

period but in respect to which no award has been granted or denied during the applicable

period. (G) The commission may, by general rules, provide for the destruction of files of cases

in which no further action may be taken. (H) The commission and administrator of workers' compensation each may, by general rules,

provide for the retention and destruction of all other records in their possession

or under their control pursuant to section 121.211 and sections 149.34 to 149.36 of the Revised Code .  The bureau of workers' compensation may purchase or rent required equipment for

the document retention media, as determined necessary to preserve the records.  Photographs, microphotographs, microfilm, films, or other direct or electronic document

retention media, when properly identified, have the same effect as the original record

and may be offered in like manner and may be received as evidence in proceedings before

the industrial commission, staff hearing officers, and district hearing officers,

and in any court where the original record could have been introduced.