Workers' Compensation Law Board Certification by the Ohio Bar

The Ohio State Bar Association (OSBA) offers board certification in Workers' Compensation Law to attorneys who demonstrate a high level of expertise and substantial involvement in this specialized area of law. The certification process is rigorous, ensuring that only highly qualified attorneys earn this distinction. Below are the essential requirements for obtaining board certification in Workers' Compensation Law:

1. Substantial Involvement

• Professional Experience: Applicants must demonstrate substantial involvement in Workers' Compensation Law. Specifically, they must have engaged in at least 2,250 hours of practice in this area within the five years preceding their application, with a lifetime minimum of 4,500 hours. Additionally, applicants must have dedicated at least 25% of their full-time practice (equivalent to a minimum of 520 hours per year) to Workers' Compensation Law during the three years immediately preceding the application. Applicants are required to submit detailed information about their practice, including a list of representative cases and examples of work product, to demonstrate substantial involvement.

2. Peer Review and Recommendations

• References: Applicants must submit the names of seven references who can attest to their competence in Workers' Compensation Law. These references must not be related to or professionally associated with the applicant. The OSBA will send recommendation forms to these references, and at least five completed forms must be returned for the application to be considered complete. References should ideally come from certified attorneys in Workers' Compensation Law, judges, or attorneys who meet the substantial involvement requirement.

3. Written Examination

• Exam Requirements: Applicants must pass a written examination that tests their knowledge and skills in the substantive and procedural aspects of Workers' Compensation Law. The exam covers various topics, including claim filing and processing, appellate practice, professional responsibility and ethics, compensability of claims, occupational disease claims, and employer coverage under the Workers' Compensation Act. The exam is prepared and graded by an independent testing service to ensure an objective assessment.

4. Good Standing and Liability Insurance

• Good Standing: Applicants must provide proof that they are in good standing with the Ohio Supreme Court, free from any disciplinary actions that would question their fitness to practice law.
• Liability Insurance: Applicants must maintain professional liability insurance with a minimum coverage of $500,000 per loss. This requirement ensures they are prepared to handle any potential liabilities arising from their practice.

5. Continuing Legal Education (CLE)

• CLE Requirements: Applicants must complete 36 hours of continuing legal education (CLE) specifically in Workers' Compensation Law within the three years preceding their application. These courses must be of intermediate or advanced level, ensuring ongoing professional development and current knowledge in the field.

These requirements are designed to ensure that only attorneys with significant experience, knowledge, and professional standing in Workers' Compensation Law are granted board certification. This certification validates the attorney’s proficiency in this area and enhances public trust in their specialized legal services.

The Ohio State Bar Association (OSBA) has established a rigorous and comprehensive application process for attorneys seeking board certification in Workers' Compensation Law. This process ensures that applicants meet the high standards of expertise and professionalism required for certification. Below are the key components of the application process:

1. Completion of the Application Form

• Detailed Information Required: Applicants must complete a thorough application form that requires detailed information about their professional background, specifically their experience in Workers' Compensation Law. This includes documenting substantial involvement, which must account for at least 2,250 hours of practice in the field over the five years preceding the application. Additionally, applicants must provide evidence of a lifetime minimum of 4,500 hours in Workers' Compensation Law. The application must include specific details about the types of cases handled, the applicant’s role in these cases, and the outcomes achieved.

• Case Documentation: Applicants may also be required to submit examples of work products, such as legal briefs, opinions, or other relevant documents, to demonstrate their expertise in Workers' Compensation Law. Additionally, they must provide a list of representative cases that illustrate the variety and complexity of issues they have managed.

2. Peer Review and Recommendations

• Reference Submission: Applicants must submit the names of seven references who can attest to their competence in Workers' Compensation Law. These references should include individuals familiar with the applicant’s work, such as certified specialists, judges, or attorneys who meet the substantial involvement requirement. The references must not be related to or professionally associated with the applicant.

• Recommendation Forms: The OSBA will send recommendation forms to these references. For the application to be considered complete, at least five completed forms must be returned to the OSBA. The Specialty Board may request additional recommendations if necessary to fully evaluate the applicant's qualifications.

3. Written Examination

• Exam Content: Applicants must pass a written examination that tests their knowledge and skills in both substantive and procedural law related to Workers' Compensation Law. The examination covers a wide range of topics, including claim filing and processing, appellate practice, professional responsibility and ethics, compensability of claims, occupational disease claims, and employer coverage under the Workers' Compensation Act.

• Administration and Grading: The examination is prepared, administered, and graded by an independent testing service under the oversight of the OSBA Workers' Compensation Law Specialty Board. This ensures that the exam is objective and accurately measures the applicant's expertise in the field.

4. Good Standing and Liability Insurance

• Proof of Good Standing: Applicants must provide evidence that they are in good standing with the Ohio Supreme Court, indicating that they have no pending disciplinary actions or issues that would question their ability to practice law.

• Liability Insurance Requirement: Applicants must maintain professional liability insurance with a minimum coverage of $500,000 per loss. This insurance is essential to protect against claims that may arise in the course of their legal practice.

5. Disclosure of Disciplinary Actions

• Full Disclosure Required: Applicants are required to disclose any past or current disciplinary actions, malpractice claims, or felony convictions. Failure to disclose such information may result in the rejection of the application or decertification if discovered after certification.

6. Continuing Legal Education (CLE)

• CLE Requirements: Applicants must have completed 36 hours of continuing legal education (CLE) specifically in Workers' Compensation Law within the three years preceding their application. These CLE courses must be of intermediate or advanced level, ensuring that the attorney remains up-to-date with the latest developments in the field.

Submission and Review

Once all components of the application are completed, the materials are submitted to the OSBA. The Workers' Compensation Law Specialty Board reviews the application, references, and exam results. If the board determines that the applicant meets all the necessary requirements, they will recommend certification. The certification becomes effective on January 1st following the board's decision.

This detailed application process ensures that only the most qualified attorneys receive board certification in Workers' Compensation Law, maintaining the high standards expected of certified specialists.

The Ohio State Bar Association (OSBA) has established specific annual duties and a structured recertification process for attorneys who hold board certification in Workers' Compensation Law. These requirements ensure that certified attorneys maintain their expertise, professionalism, and compliance with the certification standards.

Annual Reporting Duties

1. Annual Report Submission:

   • Affidavit or Reporting Form: Each year, certified attorneys must submit an affidavit or designated reporting form to the OSBA. This form confirms that there have been no material changes in the information provided during their initial certification or any subsequent reports. If there have been changes, these must be detailed on the form and submitted for review.
   • Submission Period: The annual report must be submitted between October 1 and December 1 each year. This process ensures that certified specialists remain compliant with ongoing certification requirements and continue to meet the standards set by the OSBA.

2. Continuing Legal Education (CLE):

   • CLE Requirements: Certified attorneys are required to complete 12 hours of continuing legal education (CLE) specifically in Workers' Compensation Law every two years. These CLE courses must be of intermediate to advanced level and directly related to the specialty area. This ongoing education is crucial to ensure that attorneys stay current with legal developments and maintain their expertise in the field.
   • Proof of CLE: The annual report must include proof of the completed CLE hours. Attorneys may need to attach transcripts or certificates of attendance for courses that are not listed on the OSBA transcript.

3. Annual Fee Payment:

   • Fee Submission: Along with the annual report, certified attorneys must pay an annual fee as established by the OSBA's fee schedule. Failure to submit the annual report or pay the required fee by the deadline may result in decertification.

Recertification Process

1. Certification Period:

   • Duration: The certification period under the OSBA standards is six years. Certified attorneys must apply for recertification in the calendar year preceding the expiration of their certification.

2. Recertification Application:

   • Application Submission: Attorneys seeking recertification must complete a recertification application form, which includes updated information about their practice and involvement in Workers' Compensation Law. This form must be submitted to the OSBA between October 1 and December 1 of the year preceding the expiration of their certification.
   • Review Process: The OSBA Specialty Board reviews the recertification application to ensure that the attorney continues to meet the certification standards. If the application is not completed by December 31 of the recertification year, the attorney will be decertified and must reapply for certification under the original criteria, including passing the written examination.

3. Criteria for Recertification:

   • Continued Involvement: Attorneys must demonstrate that they have maintained substantial involvement in Workers' Compensation Law, similar to the requirements for initial certification. However, they are not required to retake the written examination.
   • CLE Compliance: Attorneys must provide evidence of completing the required 12 hours of CLE every two years during the certification period.
   • Good Standing: Attorneys must continue to be in good standing with the Ohio Supreme Court and maintain professional liability insurance coverage.

4. Exemptions:

   • Illness or Disability: In cases of severe, prolonged illness or disability, attorneys may apply for an exemption from the recertification requirements. They must provide evidence that completing the requirements presents an extreme hardship due to their condition.

Decertification

1. Material Changes:

   • Review of Changes: The Specialty Board may decertify an attorney if material changes reported in the annual affidavit or discovered through other means indicate that the attorney no longer meets the certification standards.
   • Appeal Process: Attorneys who are decertified may request reconsideration and, if denied, appeal the decision to an Independent Review Panel.

2. Immediate Decertification:

   • License Revocation: If an attorney’s license to practice law in Ohio is revoked or suspended, their certification is automatically revoked. Upon reinstatement of their license, the attorney may reapply for certification.

These annual duties and recertification requirements ensure that certified specialists in Workers' Compensation Law continue to uphold the highest standards of legal practice and remain current in their field.