pursuant to Ohio Administrative Code § 4121-3-20(A), the Industrial Commission requires a claimant to file an application for an additional safety award within two years of the injury, death, or inception of a disability resulting from an occupational disease. The application for an additional safety award must set forth the facts which from the basis of the alleged violation and cite which section of the law or code that the employer allegedly violated. Applications for VSSR awards may also be amended after the expiration of the two-year limitation period, so long as the amendment does not raise an unstated claim but instead merely clarifies the claim of a previously alleged violation.
Once the application is filed, the Commission sends a copy to the employer by certified mail. The employer has thirty days following receipt of the copy within which to file an answer or, if the employer shows good cause, a period not exceeding an additional thirty days. The Commission then assigns the matter for investigation. At the conclusion of the thirty-day period, a staff hearing officer reviews the evidence to determine whether any further course of action is warranted.