Ohio Rev. Code » Chapter 4123
Ohio Revised Code

Ohio Rev. Code § 4123.65 (2026)

Application for approval of final settlement

✓ current as of May 2026
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Effective:
September 15, 2020
Latest Legislation:
House Bill 81 - 133rd General Assembly
PDF:
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(A) A state fund employer or the employee of such an employer may file an application with the administrator of workers' compensation for approval of a final settlement of a claim under this chapter. The application shall include the settlement agreement, and except as otherwise specified in this division, be signed by the claimant and employer, and clearly set forth the circumstances by reason of which the proposed settlement is deemed desirable and that the parties agree to the terms of the settlement agreement. A claimant may file an application without an employer's signature in the following situations:

(1) The employer is no longer doing business in Ohio;

(2) The claim no longer is in the employer's industrial accident or occupational disease experience as provided in division (B) of section 4123.34 of the Revised Code and the claimant no longer is employed with that employer;

(3) The employer has failed to comply with section 4123.35 of the Revised Code.

If a claimant files an application without an employer's signature, and the employer still is doing business in this state, the administrator shall send written notice of the application to the employer immediately upon receipt of the application. If the employer fails to respond to the notice within thirty days after the notice is sent, the application need not contain the employer's signature.

If a state fund employer or an employee of such an employer has not filed an application for a final settlement under this division, the administrator may file an application on behalf of the employer or the employee, provided that the administrator gives notice of the filing to the employer and the employee and to the representative of record of the employer and of the employee immediately upon the filing. An application filed by the administrator shall contain all of the information and signatures required of an employer or an employee who files an application under this division. Every self-insuring employer that enters into a final settlement agreement with an employee shall mail, within seven days of executing the agreement, a copy of the agreement to the administrator and the employee's representative. The administrator shall place the agreement into the claimant's file.

(B) Except as provided in divisions (C) and (D) of this section, a settlement agreed to under this section is binding upon all parties thereto and as to items, injuries, and occupational diseases to which the settlement applies.

(C) No settlement agreed to under division (A) of this section or agreed to by a self-insuring employer and the self-insuring employer's employee shall take effect until thirty days after the administrator approves the settlement for state fund employees and employers, or after the self-insuring employer and employee sign the final settlement agreement. Except as provided in division (G) of this section, during the thirty-day period, the employer, employee, or administrator, for state fund settlements, and the employer or employee, for self-insuring settlements, may withdraw consent to the settlement by an employer providing written notice to the employer's employee and the administrator or by an employee providing written notice to the employee's employer and the administrator, or by the administrator providing written notice to the state fund employer and employee. If an employee dies during the thirty-day waiting period following the approval of a settlement, the settlement can be voided by any party for good cause shown.

(D) At the time of agreement to any final settlement agreement under division (A) of this section or agreement between a self-insuring employer and the self-insuring employer's employee, the administrator, for state fund settlements, and the self-insuring employer, for self-insuring settlements, immediately shall send a copy of the agreement to the industrial commission who shall assign the matter to a staff hearing officer. The staff hearing officer shall determine, within the time limitations specified in division (C) of this section, whether the settlement agreement is or is not a gross miscarriage of justice. If the staff hearing officer determines within that time period that the settlement agreement is clearly unfair, the staff hearing officer shall issue an order disapproving the settlement agreement. If the staff hearing officer determines that the settlement agreement is not clearly unfair or fails to act within those time limits, the settlement agreement is approved.

(E) A settlement entered into under this section may pertain to one or more claims of a claimant, or one or more parts of a claim, or the compensation or benefits pertaining to either, or any combination thereof, provided that nothing in this section shall be interpreted to require a claimant to enter into a settlement agreement for every claim that has been filed with the bureau of workers' compensation by that claimant under Chapter 4121., 4123., 4127., or 4131. of the Revised Code.

(F) A settlement entered into under this section is not appealable under section 4123.511 or 4123.512 of the Revised Code.

(G) Notwithstanding any provision of the Revised Code to the contrary, an employer shall not deny or withdraw consent to a settlement application filed under this section if both of the following apply to the claim that is the subject of the application:

(1) The claim is no longer within the date of impact pursuant to the employer's industrial accident or occupational disease experience as provided in division (B) of section 4123.34 of the Revised Code;

(2) The employee named in the claim is no longer employed by the employer.
Notes of Decisions
Cited in 40 cases (1 in the last 5 years), 1963–2026 · leading case: Jones v. Action Coupling & Equip., Inc., 784 N.E.2d 1172 (Ohio 2003).
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Jones v. Action Coupling & Equip., Inc., 784 N.E.2d 1172 (Ohio 2003). · cites it 19× “Assuming that R.C. 4123.65 applied, the trial court denied the motion on the grounds that Action Coupling’s withdrawal of consent had not been filed within 30 days as required by division (C) of the statute.”
Gibson v. Dairy, 88 Ohio St. 3d 201 (Ohio 2000). · cites it 27× “R.C. 4123.65 1 regulates the settlement of workers’ compensation claims by providing for administrative review to protect parties against settlements that are “clearly unfair” or that constitute “gross miscarriage[s] of justice.”
State ex rel. Johnston v. Ohio Bureau of Workers' Comp., 751 N.E.2d 974 (Ohio 2001). · cites it 31× “Code 4123-5-21(A) applies to joint applications for approval of a State Fund settlement filed pursuant to R.C. 4123.65 and (2) whether the bureau’s eight-month delay in processing decedent’s settlement application warrants a dispensation of the rule that a claim abates if the…”
State ex rel. Kilbane v. Indus. Comm'n, 744 N.E.2d 708 (Ohio 2001). · cites it 10× “The court of appeals denied the writ, holding that Kilbane was not entitled to a settlement hearing based either on the hearing provisions in former R.C. 4123.65 or the proscription in Section 28, Article II of the Ohio Constitution against retroactive laws.”
State ex rel. Jones v. Conrad, 750 N.E.2d 583 (Ohio 2001). · cites it 8× “In December 1997, Jones and the employer, a State Insurance Fund employer, filed a settlement agreement *390 pursuant to R.C. 4123.65 2 for a $62,000 lump sum. The bureau approved the settlement on January 30, 1998, which commenced the thirty-day cooling-off period the statute…”
Gibson v. Meadow Gold Dairy, 2000 Ohio 301 (Ohio 2000). · cites it 30× “] Workers’ compensation—R.C. 4123.65 requirement that settlements of workers’ compensation claims against self-insured employers be in writing and not be effective for thirty days after signing applies to claims on appeal to a common pleas court under R.”
State ex rel. Johnston v. Ohio Bur. of Workers' Comp., 2001 Ohio 1284 (Ohio 2001). · cites it 34× “Code 4123-5-21(A) is generally applicable to joint applications for approval of a State Fund settlement filed pursuant to R.C. 4123.65, provided claimant’s death occurs before settlement is approved by the Administrator of Workers’ Compensation—Ohio Adm.”
State Ex Rel. Dillard Dep't Stores v. Ryan, 2009 Ohio 2683 (Ohio 2009). · cites it 4× “” {¶ 4} Dillard submitted the settlement agreement to the Industrial Commission for approval pursuant to R.C. 4123.65. As the statute stipulates, because the commission did not issue an order disapproving the settlement within 30 days, it was automatically approved.”
State ex rel. Longacre v. Penton Publ'g Co., 673 N.E.2d 1297 (Ohio 1997). · cites it 4× “65, which provides as follows for the settlement of workers’ compensation claims: “(C) No settlement * * * agreed to by a self-insuring employer and his employee shall take effect until thirty days * * * after the self-insuring employer and employee sign the final settlement…”
Chirchiglia v. Ohio Bureau of Workers' Comp., 742 N.E.2d 180 (Ohio Ct. App. 2000). · cites it 3× “The court cited R.C. 4123.65 in support. That section provides that a settlement agreement does not take effect until thirty days after the settlement is approved by the Industrial Commission.”
Burke v. Wal-Mart Stores, Inc., 2017 Ohio 1104 (Ohio Ct. App. 2017). · cites it 18× “60(B)(1) and (5) because the settlement agreement had not been filed with the Bureau of Workers’ Compensation/Industrial Commission, as required by R.C. 4123.65. Appellee filed a brief in opposition on December 2, 2015, in which it argued it had satisfied the requirement by…”
Est. of Orecny v. Ford Motor Co., 672 N.E.2d 679 (Ohio Ct. App. 1996). · cites it 7× “” *465 R.C. 4123.65 (as amended October 20, 1993) permits a claimant and a self-insured employer such as Ford to settle a workers’ compensation claim.”
Show all 40 citing cases →
— Ohio Rev. Code § 4123.65(A) — 13 cases
Jones v. Action Coupling & Equip., Inc., 784 N.E.2d 1172 (Ohio 2003). “Assuming that R.C. 4123.65 applied, the trial court denied the motion on the grounds that Action Coupling’s withdrawal of consent had not been filed within 30 days as required by division (C) of the statute.”
State ex rel. Johnston v. Ohio Bureau of Workers' Comp., 751 N.E.2d 974 (Ohio 2001). “Code 4123-5-21(A) applies to joint applications for approval of a State Fund settlement filed pursuant to R.C. 4123.65 and (2) whether the bureau’s eight-month delay in processing decedent’s settlement application warrants a dispensation of the rule that a claim abates if the…”
State ex rel. Kilbane v. Indus. Comm'n, 744 N.E.2d 708 (Ohio 2001). “The court of appeals denied the writ, holding that Kilbane was not entitled to a settlement hearing based either on the hearing provisions in former R.C. 4123.65 or the proscription in Section 28, Article II of the Ohio Constitution against retroactive laws.”
Gibson v. Dairy, 88 Ohio St. 3d 201 (Ohio 2000). “R.C. 4123.65 1 regulates the settlement of workers’ compensation claims by providing for administrative review to protect parties against settlements that are “clearly unfair” or that constitute “gross miscarriage[s] of justice.”
State ex rel. Wise v. Ryan, 118 Ohio St. 3d 68 (Ohio 2008).
— Ohio Rev. Code § 4123.65(C) — 19 cases
Jones v. Action Coupling & Equip., Inc., 784 N.E.2d 1172 (Ohio 2003). “Assuming that R.C. 4123.65 applied, the trial court denied the motion on the grounds that Action Coupling’s withdrawal of consent had not been filed within 30 days as required by division (C) of the statute.”
State ex rel. Jones v. Conrad, 750 N.E.2d 583 (Ohio 2001). “In December 1997, Jones and the employer, a State Insurance Fund employer, filed a settlement agreement *390 pursuant to R.C. 4123.65 2 for a $62,000 lump sum. The bureau approved the settlement on January 30, 1998, which commenced the thirty-day cooling-off period the statute…”
State ex rel. Johnston v. Ohio Bureau of Workers' Comp., 751 N.E.2d 974 (Ohio 2001). “Code 4123-5-21(A) applies to joint applications for approval of a State Fund settlement filed pursuant to R.C. 4123.65 and (2) whether the bureau’s eight-month delay in processing decedent’s settlement application warrants a dispensation of the rule that a claim abates if the…”
Gibson v. Dairy, 88 Ohio St. 3d 201 (Ohio 2000). “R.C. 4123.65 1 regulates the settlement of workers’ compensation claims by providing for administrative review to protect parties against settlements that are “clearly unfair” or that constitute “gross miscarriage[s] of justice.”
State ex rel. Longacre v. Penton Publ'g Co., 673 N.E.2d 1297 (Ohio 1997). “65, which provides as follows for the settlement of workers’ compensation claims: “(C) No settlement * * * agreed to by a self-insuring employer and his employee shall take effect until thirty days * * * after the self-insuring employer and employee sign the final settlement…”
— Ohio Rev. Code § 4123.65(D) — 12 cases
Gibson v. Dairy, 88 Ohio St. 3d 201 (Ohio 2000). “R.C. 4123.65 1 regulates the settlement of workers’ compensation claims by providing for administrative review to protect parties against settlements that are “clearly unfair” or that constitute “gross miscarriage[s] of justice.”
State Ex Rel. Dillard Dep't Stores v. Ryan, 2009 Ohio 2683 (Ohio 2009). “” {¶ 4} Dillard submitted the settlement agreement to the Industrial Commission for approval pursuant to R.C. 4123.65. As the statute stipulates, because the commission did not issue an order disapproving the settlement within 30 days, it was automatically approved.”
Burke v. Wal-Mart Stores, Inc., 2017 Ohio 1104 (Ohio Ct. App. 2017). “60(B)(1) and (5) because the settlement agreement had not been filed with the Bureau of Workers’ Compensation/Industrial Commission, as required by R.C. 4123.65. Appellee filed a brief in opposition on December 2, 2015, in which it argued it had satisfied the requirement by…”
State ex rel. Johnston v. Ohio Bureau of Workers' Comp., 751 N.E.2d 974 (Ohio 2001). “Code 4123-5-21(A) applies to joint applications for approval of a State Fund settlement filed pursuant to R.C. 4123.65 and (2) whether the bureau’s eight-month delay in processing decedent’s settlement application warrants a dispensation of the rule that a claim abates if the…”
Gibson v. Meadow Gold Dairy, 2000 Ohio 301 (Ohio 2000). “] Workers’ compensation—R.C. 4123.65 requirement that settlements of workers’ compensation claims against self-insured employers be in writing and not be effective for thirty days after signing applies to claims on appeal to a common pleas court under R.”
— Ohio Rev. Code § 4123.65(F) — 4 cases
Gibson v. Dairy, 88 Ohio St. 3d 201 (Ohio 2000). “R.C. 4123.65 1 regulates the settlement of workers’ compensation claims by providing for administrative review to protect parties against settlements that are “clearly unfair” or that constitute “gross miscarriage[s] of justice.”
Gibson v. Meadow Gold Dairy, 2000 Ohio 301 (Ohio 2000). “] Workers’ compensation—R.C. 4123.65 requirement that settlements of workers’ compensation claims against self-insured employers be in writing and not be effective for thirty days after signing applies to claims on appeal to a common pleas court under R.”
Zarbana Indus., Inc. v. Hayes, 2018 Ohio 4965 (Ohio Ct. App. 2018).
Wise v. Urban Indus. of Ohio, Inc., 814 N.E.2d 1232 (Ohio Ct. App. 2004).
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