Ohio Rev. Code » Chapter 4123
Ohio Revised Code

Ohio Rev. Code § 4123.52 (2026)

Continuing jurisdiction of commission

✓ current as of May 2026
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Effective:
September 26, 2025
Latest Legislation:
House Bill 81 - 136th General Assembly
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(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.

Last updated August 4, 2025 at 2:16 PM

Notes of Decisions
Cited in 337 cases (46 in the last 5 years), 1954–2026 · leading case: State ex rel. Neitzelt v. Indus. Comm. (Slip Opinion), 2020 Ohio 1453 (Ohio 2020).
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State ex rel. Neitzelt v. Indus. Comm. (Slip Opinion), 2020 Ohio 1453 (Ohio 2020). · cites it 17× “] Workers’ compensation—R.C. 4123.52—Continuing jurisdiction of the Industrial Commission—Under the plain language of R.”
Caldwell v. Whirlpool Corp., 2024 Ohio 1625 (Ohio 2024). · cites it 49× “512, subsequent expiration of R.C. 4123.52’s five- year continuing-jurisdiction limit does not cause a claim pending in a court to expire as a matter of law—Judgment reversed and cause remanded to the trial court.”
State ex rel. Belle Tire Distribs., Inc. v. Indus. Comm. (Slip Opinion), 2018 Ohio 2122 (Ohio 2018). · cites it 10× “A staff hearing officer vacated the district hearing officer’s order, finding that Melroy had failed to prove that the decedent’s death occurred in the course of and arose out of his employment.”
State Ex Rel. B & C Mach. Co. v. Indus. Comm'n, 1992 Ohio 75 (Ohio 1992). · cites it 14× “] Workers' compensation -- Industrial Commission has authority pursuant to R.C. 4123.52 to modify a prior order that is clearly a mistake of law.”
Clementi v. Wean United, Inc., 530 N.E.2d 909 (Ohio 1988). · cites it 19× “84(A)(1) bars an additional claim for a “flow-through” or residual psychiatric condition under the Industrial Commission’s continuing jurisdiction to modify orders pursuant to R.C. 4123.52. We have defined a “flow-through” or “residual injury” as “one developing in a body part…”
Lewis v. Trimble, 680 N.E.2d 1207 (Ohio 1997). · cites it 11× “” R.C. 4123.52 provides: “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 six years from the date of injury * * * unless written notice of claim for the specific…”
State ex rel. Consolidation Coal Co. v. Indus. Comm'n, 480 N.E.2d 807 (Ohio 1985). · cites it 11× “The initial question presented for review centers upon the commission’s jurisdiction under R.C. 4123.52, and whether appellant possessed a right of appeal pursuant to R.”
State ex rel. Superior's Brand Meats, Inc. v. Indus. Comm'n, 586 N.E.2d 1077 (Ohio 1992). · cites it 19× “The first issue addressed by the court of appeals was the jurisdictional time limitation for payment of compensation as imposed upon the commission by R.C. 4123.52. In like manner, we first consider this statute and the commission’s continuing jurisdiction thereunder, and…”
Jacobs v. Teledyne, Inc., 529 N.E.2d 1255 (Ohio 1988). · cites it 9× “The hearing officer rejected the claim because more than six years had elapsed since the 1972 claim was filed and there had been no payment of compensation so as to continue the jurisdiction of the Industrial Commission pursuant to R.C. 4123.52. That section provides: “The…”
State ex rel. Drone v. Indus. Comm'n, 753 N.E.2d 185 (Ohio 2001). · cites it 9× “The DHO found that no application for readjustment had been filed in the claim, rendering inapplicable R.C. 4123.52’s two-year statute of limitations that presumably motivated the bureau’s repayment restriction.”
State Ex Rel. Sheppard v. Indus. Comm'n, 2014 Ohio 1904 (Ohio 2014). · cites it 7× “52—Continuing jurisdiction of Industrial Commission—Clear mistake of law as basis for granting reconsideration—Commission does not abuse discretion by exercising continuing jurisdiction to correct order granting permanent- total-disability benefits when order failed to address…”
State ex rel. Adams v. Aluchem, Inc., 821 N.E.2d 547 (Ohio 2004). · cites it 35× “{¶ 4} Claimant sought a writ of mandamus in the Tenth District Court of Appeals ordering the commission to award statutory PTD compensation retroactive to the date of his 1984 injury.”
Show all 337 citing cases →
— Ohio Rev. Code § 4123.52(A) — 43 cases
State ex rel. Neitzelt v. Indus. Comm. (Slip Opinion), 2020 Ohio 1453 (Ohio 2020). “] Workers’ compensation—R.C. 4123.52—Continuing jurisdiction of the Industrial Commission—Under the plain language of R.”
Caldwell v. Whirlpool Corp., 2024 Ohio 1625 (Ohio 2024). “512, subsequent expiration of R.C. 4123.52’s five- year continuing-jurisdiction limit does not cause a claim pending in a court to expire as a matter of law—Judgment reversed and cause remanded to the trial court.”
State ex rel. Tchankpa v. Indus. Comm., 2024 Ohio 93 (Ohio Ct. App. 2024).
State ex rel. Tchankpa v. Indus. Comm., 2024 Ohio 3430 (Ohio 2024).
State Ex Rel. Est. of Sziraki v. Admr., Bureau of Workers' Comp., 2013 Ohio 4007 (Ohio 2013).
— Ohio Rev. Code § 4123.52(F) — 1 case
Thompson v. Ohio Bur. of Workers' Comp., 2026 Ohio 720 (Ohio Ct. App. 2026).
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