As Reported by the Senate Insurance, 1
Commerce and Labor Committee 2
122nd General Assembly 5
Regular Session Sub. H. B. No. 362 6
1997-1998 7
REPRESENTATIVES THOMPSON-JOHNSON-AMSTUTZ-CATES-CORE-VESPER-CORBIN- 9
TERWILLEGER-BRADING-GARCIA-TAYLOR-SENATOR GILLMOR 10
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A B I L L
To amend sections 4121.01, 4121.02, 4121.03, 14
4121.09, 4121.10, 4121.34, 4121.35, and 4123.511 15
of the Revised Code to designate the Chairperson
of the Industrial Commission as the Chief 17
Executive Officer of the Commission; to change 19
the title of the chief administrative officer of 20
the Commission to executive director; to specify 21
the authority of the Chairperson; to limit the 23
authority of the members of the Commission to 24
rulemaking, appeals, reconsiderations, and other 25
adjudicatory powers; to remove the requirement 26
that the Commission appoint district and staff 28
hearing officers and to require the Chairperson 29
to obtain the approval of at least one other 30
Commission member prior to hiring district and 32
staff hearing officers; to require the Governor 33
to appoint the Chairperson; to provide exceptions 34
to deadlines for filing appeals of claims with 35
the Industrial Commission; and to make 36
appropriations for the Industrial Commission for 37
the biennium beginning July 1, 1997, and ending 38
June 30, 1999. 39
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 41
Section 1. That sections 4121.01, 4121.02, 4121.03, 43
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4121.09, 4121.10, 4121.34, 4121.35, and 4123.511 of the Revised 44
Code be amended to read as follows:
Sec. 4121.01. (A) As used in sections 4121.01 to 4121.29 53
of the Revised Code: 54
(A)(1) "Place of employment" means every place, whether 56
indoors or out, or underground, and the premises appurtenant 57
thereto, where either temporarily or permanently any industry, 58
trade, or business is carried on, or where any process or 59
operation, directly or indirectly related to any industry, trade, 60
or business, is carried on and where any person is directly or 61
indirectly employed by another for direct or indirect gain or 62
profit, but does not include any place where persons are employed 63
in private domestic service or agricultural pursuits which do not 64
involve the use of mechanical power. 65
(B)(2) "Employment" means any trade, occupation, or 67
process of manufacture or any method of carrying on such trade, 68
occupation, or process of manufacture in which any person may be 69
engaged, except in such private domestic service or agricultural 70
pursuits as do not involve the use of mechanical power. 71
(C)(3) "Employer" means every person, firm, corporation, 73
agent, manager, representative, or other person having control or 74
custody of any employment, place of employment, or employee. 75
(D)(4) "Employee" means every person who may be required 77
or directed by any employer, in consideration of direct or 78
indirect gain or profit, to engage in any employment, or to go, 79
or work, or be at any time in any place of employment. 80
(E)(5) "Frequenter" means every person, other than an 82
employee, who may go in or be in a place of employment under 83
circumstances which render him THE PERSON other than a 84
trespasser. 85
(F)(6) "Deputy" means any person employed by the 87
industrial commission or the bureau of workers' compensation, 88
designated as a deputy by the commission or the administrator of 89
workers' compensation, who possesses special, technical, 90
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scientific, managerial, professional, or personal abilities or 91
qualities in matters within the jurisdiction of the commission or 92
the bureau, and who may be engaged in the performance of duties 93
under the direction of the commission or the bureau calling for 94
the exercise of such abilities or qualities. 95
(G)(7) "Order" means any decision, rule, regulation, 97
direction, requirement, or standard, or any other determination 98
or decision which THAT the bureau is empowered to and does make. 99
(H)(8) "General order" means an order which THAT applies 103
generally throughout the state to all persons, employments, or 104
places of employment, or all persons, employments, or places of 105
employment of a class under the jurisdiction of the bureau. All 106
other orders shall be considered special orders. 107
(I)(9) "Local order" means any ordinance, order, rule, or 109
determination of the legislative authority of any municipal 110
corporation, or any trustees, or board or officers of any 111
municipal corporation upon any matter over which the bureau has 113
jurisdiction.
(J)(10) "Welfare" means comfort, decency, and moral 115
well-being. 116
(K)(11) "Safe" or "safety," as applied to any employment 118
or a place of employment, means such freedom from danger to the 119
life, health, safety, or welfare of employees or frequenters as 120
the nature of the employment will reasonably permit, including 121
requirements as to the hours of labor with relation to the health 122
and welfare of employees. 123
(B) AS USED IN THE REVISED CODE: 126
(1) "INDUSTRIAL COMMISSION" MEANS THE CHAIRPERSON OF THE 128
THREE-MEMBER INDUSTRIAL COMMISSION CREATED PURSUANT TO SECTION 129
4121.02 OF THE REVISED CODE WHEN THE CONTEXT REFERS TO THE 131
AUTHORITY VESTED IN THE CHAIRPERSON AS THE CHIEF EXECUTIVE
OFFICER OF THE THREE-MEMBER INDUSTRIAL COMMISSION PURSUANT TO 132
DIVISIONS (A), (B), (C), AND (D) OF SECTION 4121.03 OF THE 137
REVISED CODE.
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(2) "INDUSTRIAL COMMISSION" MEANS THE THREE-MEMBER 139
INDUSTRIAL COMMISSION CREATED PURSUANT TO SECTION 4121.02 OF THE 140
REVISED CODE WHEN THE CONTEXT REFERS TO THE AUTHORITY VESTED IN 142
THE THREE-MEMBER INDUSTRIAL COMMISSION PURSUANT TO DIVISION (E) 143
OF SECTION 4121.03 OF THE REVISED CODE. 144
(3) "INDUSTRIAL COMMISSION" MEANS THE INDUSTRIAL 146
COMMISSION AS A STATE AGENCY WHEN THE CONTEXT REFERS TO THE 147
AUTHORITY VESTED IN THE INDUSTRIAL COMMISSION AS A STATE AGENCY. 149
Sec. 4121.02. (A) There is hereby created the industrial 158
commission. The commission shall consist of three members 159
appointed by the governor, with the advice and consent of the 160
senate. One member shall be an individual who, on account of 161
the individual's previous vocation, employment, or affiliations, 162
can be classed as a representative of employers; one shall be an 164
individual who, on account of the individual's previous vocation, 165
employment, or affiliations, can be classed as a representative 167
of employees; and one shall be an individual who, on account of 168
the individual's previous vocation, employment, or affiliations, 170
can be classed as a representative of the public. Each member 171
shall have not less than six OR MORE years of recognized 173
expertise in the field of workers' compensation, and at least one 174
member shall be an attorney registered to practice law in this 175
state. No more than two members of the industrial commission 176
shall belong to or be affiliated with the same political party. 177
(B) Within thirty days after the industrial commission 179
nominating council submits its list to the governor under 180
division (D) of this section, the governor shall make initial 181
appointments to the commission. Of the initial appointments, the 182
member who is a representative of employees shall serve a term 183
ending on June 30, 1995; the member who is a representative of 184
employers shall serve a term ending on June 30, 1997; and the 185
member who is a representative of the public shall serve a term 186
ending on June 30, 1999. Thereafter, terms of office are for six 187
years, beginning on the first day of July and ending on the 188
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thirtieth day of June. 189
(C) Each member shall hold office from the date of the 191
member's confirmation by the senate, as provided in division (E) 192
of this section, until the end of the term for which the member 193
was appointed, except that if a member has not been appointed by 194
the end of the term, the member shall remain in office until a 195
THE MEMBER'S successor takes office, or until a period of sixty 197
days has elapsed, whichever occurs first. However, if a member 198
is appointed to fill a full term subsequent to an initial 199
appointment, the term of office is as provided in division (B) of 200
this section. The governor shall not appoint any person to more 201
than two full six-year terms of office on the commission. This 202
restriction does not prevent the governor from appointing a 203
person to fill a vacancy caused by death, resignation, or removal 204
of a commission member, or from appointing that person twice to 205
full terms on the commission, or from appointing a person 206
previously appointed to fill less than a full term twice to full 207
terms on the commission. Except for the public member's tenure 208
as chairperson of the self-insuring employer's evaluation board, 209
a member of the commission shall hold no other public office or 210
position of trust or profit, engage in any other occupation or 211
business, or serve on any committee of any political party and 212
shall devote full time to the member's duties as a member of the 213
commission.
(D) In making appointments to the commission, the governor 215
shall select the members from the list of the names submitted by 216
the industrial commission nominating council pursuant to this 217
division. Within thirty days after the effective date of this 218
section, the nominating council shall submit to the governor for 220
the initial appointments a list containing three separate names 221
for the employer, employee, and public members to be filled. 222
Within seven days of the submission of the initial list, the 223
governor shall either appoint individuals from the list or
request the nominating council to submit another list of three 224
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names for each member the governor has not appointed from the 225
original list, which list the nominating council shall submit to 227
the governor within seven days of the governor's request. The
governor then shall appoint, within seven days of the submission 228
of the second list, individuals from either list to fill each 229
position for which the governor has not made an appointment from 230
the original list. Thereafter, within sixty days of a vacancy 231
occurring as a result of the expiration of a term and within 232
thirty days after other vacancies occurring on the commission, 233
the nominating council shall submit an initial list containing 234
three names for each vacancy. Within seven days of the 235
submission of the initial list, the governor shall either appoint 236
individuals from the list or request the nominating council to 237
submit another list of three names for each member the governor 238
has not appointed from the original list, which list the 239
nominating council shall submit to the governor within fourteen 240
days of the governor's request. The governor then shall appoint, 241
within seven days of the submission of the second list, one of 242
the individuals from either list to fill the vacancy for which 243
the governor has not made an appointment from the original list. 244
In order for a name of an individual to be submitted to the 245
governor under this division, the nominating council shall 246
approve the individual by an affirmative vote of not less than 247
two-thirds of its members. 248
(E) The governor shall notify the senate of the names of 250
the individuals for whom the governor is making the initial 251
appointments to the commission within thirty days after the 252
submission of the names to the governor by the industrial 253
commission nominating council under division (D) of this section. 254
For appointments subsequent to the initial appointments under 255
this division, if the appointment is to fill a member's term 256
which is to expire, the governor shall notify the senate of the 257
name of the individual to be appointed to fill that position by 258
no later than the first day of June of the year that the term is 259
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to expire. For subsequent appointments to fill a vacancy on the 260
commission occurring as a result of the death, resignation, or 261
removal of the commission member, the governor shall notify the 262
senate of the name of the individual to be appointed to fill the 263
remainder of that term within thirty days after the submission of 264
the names to the governor by the nominating council under 265
division (D) of this section. For all appointments, the senate 266
shall refer the matter to an appropriate standing committee for 267
consideration of the appointments, and the committee shall hold a 268
public hearing to consider the appointments. After conclusion of 269
the public hearing, the standing committee shall make its 270
recommendations to the senate. The senate shall not confirm any 271
appointee if the individual does not meet the qualifications of 272
division (A) of this section or if the individual has not been 273
approved by the industrial commission nominating council as 274
provided in division (D) of this section. If the full senate 275
fails to take a final vote on an appointment within thirty days 276
after the governor submits the names to the senate under this 277
division, the individual's appointment is deemed confirmed by the 278
senate and the individual shall take the office of commission 279
member subject to removal as provided in division (F) of this 280
section.
(F) The governor may remove or suspend a member of the 282
commission pursuant to section 3.04 of the Revised Code. The 283
governor shall notify the senate of any decision to remove or 284
suspend a commission member. The senate shall refer the matter 285
to an appropriate standing committee for consideration and the 286
committee shall hold a public hearing to consider the matter. At 287
the hearing, the governor or the governor's authorized 288
representative may present evidence and give testimony in support 289
of the decision. The commission member or the member's 290
authorized representatives may appear and present evidence and 291
testimony. After conclusion of the public hearing, the committee 292
shall make its recommendation to the senate. 293
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Upon receipt of a recommendation from the standing 295
committee, the senate shall vote on the issue of whether to 296
advise and consent to the removal or suspension of the member. 297
The senate shall vote on the matter within sixty legislative days 298
from the date the governor communicates the decision to remove or 300
suspend the member. 301
(G) The governor shall determine the compensation of the 303
members of the commission, based upon such facts as the governor 305
considers appropriate, provided that the salary of each member
shall be no less than seventy-five thousand dollars per year. In 307
addition, each commission member shall receive an annual salary 308
increase based upon the average salary increases of other state 309
department directors for that year, not to exceed five per cent 310
per year.
(H) Before entering upon the duties of office, each member 313
shall take and subscribe to the constitutional oath of office and 314
swear and affirm that the member holds no position under any 315
committee of a political party, which oath or affirmation the
member shall file in the office of the governor. Each member 316
shall give a bond in the sum of fifty thousand dollars, which 317
bond shall be approved by the governor and filed with the 318
treasurer of state. All employees or deputies of the commission 319
who receive or disburse state funds shall give a bond to the 320
state in the amounts and surety approved by the industrial 321
commission. 322
Sec. 4121.03. (A) The governor shall appoint FROM AMONG 331
THE MEMBERS OF THE INDUSTRIAL COMMISSION the initial chairperson 333
of the industrial commission at the time of making initial 335
appointments to the commission under section 4121.02 of the 336
Revised Code, who. THE CHAIRPERSON shall serve as chairperson 337
for a term of one year. Thereafter, the commission annually 338
shall elect one of its members as chairperson. No member shall 339
be appointed or elected as chairperson for more than three 340
consecutive one-year terms. A majority of the commission 342
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constitutes a quorum to transact business. No vacancy impairs 343
the rights of the remaining members to exercise all of the powers 344
of the commission, so long as a majority remains. Any 345
investigation, inquiry, or hearing that the commission may hold 346
or undertake may be held or undertaken by or before any one 347
member of the commission, or by or before one of the deputies of 348
the commission, except as otherwise provided in this chapter and 349
Chapters 4123., 4127., and 4131. of the Revised Code, and every 350
order made by a member, or by a deputy, when approved and 351
confirmed by a majority of the members, and so shown on its 352
record of proceedings, is the order of the commission AT THE 354
PLEASURE OF THE GOVERNOR. THE CHAIRPERSON IS THE HEAD OF THE 355
COMMISSION AND ITS CHIEF EXECUTIVE OFFICER.
(B) The commission CHAIRPERSON shall appoint a secretary, 358
AFTER CONSULTATION WITH OTHER COMMISSION MEMBERS AND OBTAINING 359
THE APPROVAL OF AT LEAST ONE OTHER COMMISSION MEMBER, AN 360
EXECUTIVE DIRECTOR of the commission. THE EXECUTIVE DIRECTOR 362
SHALL SERVE AT THE PLEASURE OF THE CHAIRPERSON. The secretary 363
EXECUTIVE DIRECTOR, under the overall policy direction of the 366
commission CHAIRPERSON, shall perform all of the following
duties: 367
(1) Act as chief administrative officer for the 369
commission; 370
(2) Ensure that all commission personnel follow the rules 372
of the commission; 373
(3) Ensure that all orders, awards, and determinations are 375
properly heard and signed, prior to attesting to the documents; 376
(4) Coordinate, to the fullest extent possible, commission 378
activities with the bureau of workers' compensation activities; 379
(5) Do all things necessary for the efficient and 381
effective implementation of the duties of the commission. 382
The responsibilities assigned to the secretary EXECUTIVE 384
DIRECTOR of the commission do not relieve the members of the 386
commission CHAIRPERSON from final responsibility for the proper 387
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performance of the acts specified in this division. 389
(C) The commission CHAIRPERSON shall do all of the 391
following:
(1) Employ EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, 393
EMPLOY, promote, supervise, and remove, AND ESTABLISH THE 395
COMPENSATION OF all employees as needed in connection with the 396
performance of its THE COMMISSION'S duties under this chapter and 398
Chapters 4123., 4127., and 4131. of the Revised Code and may 399
assign to them their duties to the extent necessary to achieve 400
the most efficient performance of its functions, and to that end 401
may establish, change, or abolish positions, and assign and 402
reassign duties and responsibilities of every employee of the 403
commission. The civil service status of any person employed by 404
the commission prior to November 3, 1989, is not affected by this 405
section. Personnel employed by the bureau or the commission who 406
are subject to Chapter 4117. of the Revised Code shall retain all 407
of their rights and benefits conferred pursuant to that chapter 408
as it presently exists or is hereafter amended and nothing in 409
this chapter or Chapter 4123. of the Revised Code shall be 410
construed as eliminating or interfering with Chapter 4117. of the 411
Revised Code or the rights and benefits conferred under that 412
chapter to public employees or to any bargaining unit. 413
(2) Establish the compensation of HIRE DISTRICT AND staff 415
hearing officers and their immediate supervisors and take 417
whatever steps are necessary to achieve adequate compensation for 418
other hearing officers AFTER CONSULTATION WITH OTHER COMMISSION 419
MEMBERS AND OBTAINING THE APPROVAL OF AT LEAST ONE OTHER 420
COMMISSION MEMBER;
(3) FIRE STAFF AND DISTRICT HEARING OFFICERS WHEN THE 422
CHAIRPERSON FINDS APPROPRIATE AFTER OBTAINING THE APPROVAL OF AT 423
LEAST ONE OTHER COMMISSION MEMBER; 424
(4) Maintain its THE office FOR THE COMMISSION in Columbus 428
and may hold sessions at any place within the state; 429
(4) Hear appeals and reconsiderations as provided in 431
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section 4123.511 of the Revised Code; 432
(5) To the maximum extent possible, use electronic data 434
processing equipment for the issuance of orders immediately 435
following a hearing, scheduling of hearings and medical 436
examinations, tracking of claims, retrieval of information, and 437
any other matter within the commission's jurisdiction, and shall 438
provide and input information into the electronic data processing 439
equipment as necessary to effect the success of the claims 440
tracking system established pursuant to division (B)(15) of 441
section 4121.121 of the Revised Code; 442
(6) EXERCISE ALL ADMINISTRATIVE AND NONADJUDICATORY POWERS 445
AND DUTIES CONFERRED UPON THE COMMISSION BY CHAPTERS 4121., 446
4123., 4127., AND 4131. OF THE REVISED CODE; 447
(7) APPROVE ALL CONTRACTS FOR SPECIAL SERVICES. 449
(D) The commission CHAIRPERSON IS RESPONSIBLE FOR ALL 451
ADMINISTRATIVE MATTERS AND may secure for itself THE COMMISSION 453
facilities, equipment, and supplies necessary to house itself THE 454
COMMISSION, any employees, and files and records under its THE 456
COMMISSION'S control and to discharge any duty imposed upon it 458
THE COMMISSION by law, the expense thereof to be audited and paid 460
in the same manner as other state expenses. For that purpose, 461
the commission CHAIRPERSON, separately from the budget prepared 462
by the administrator of workers' compensation, shall prepare and 463
submit to the office of budget and management a budget for each 464
biennium according to sections 101.55 and 107.03 of the Revised 465
Code. The budget submitted shall cover the costs of the 466
commission and staff and district hearing officers in the 467
discharge of any duty imposed upon the CHAIRPERSON, THE 468
commission, and hearing officers by law. 469
(E) The commission is responsible for the establishment of 471
A MAJORITY OF THE COMMISSION CONSTITUTES A QUORUM TO TRANSACT 473
BUSINESS. NO VACANCY IMPAIRS THE RIGHTS OF THE REMAINING MEMBERS 474
TO EXERCISE ALL OF THE POWERS OF THE COMMISSION, SO LONG AS A 475
MAJORITY REMAINS. ANY INVESTIGATION, INQUIRY, OR HEARING THAT 476
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THE COMMISSION MAY HOLD OR UNDERTAKE MAY BE HELD OR UNDERTAKEN BY 477
OR BEFORE ANY ONE MEMBER OF THE COMMISSION, OR BEFORE ONE OF THE 478
DEPUTIES OF THE COMMISSION, EXCEPT AS OTHERWISE PROVIDED IN THIS 479
CHAPTER AND CHAPTERS 4123., 4127., AND 4131. OF THE REVISED CODE. 482
EVERY ORDER MADE BY A MEMBER, OR BY A DEPUTY, WHEN APPROVED AND 483
CONFIRMED BY A MAJORITY OF THE MEMBERS, AND SO SHOWN ON ITS 484
RECORD OF PROCEEDINGS, IS THE ORDER OF THE COMMISSION. THE 485
COMMISSION MAY HOLD SESSIONS AT ANY PLACE WITHIN THE STATE. THE 486
COMMISSION IS RESPONSIBLE FOR ALL OF THE FOLLOWING: 487
(1) ESTABLISHING the overall adjudicatory policy and 489
management of the commission under this chapter and Chapters 490
4123., 4127., and 4131. of the Revised Code, except for those 491
administrative matters within the jurisdiction of the 492
CHAIRPERSON, bureau of workers' compensation, and the 493
administrator of workers' compensation under those chapters; 494
(2) HEARING APPEALS AND RECONSIDERATIONS UNDER THIS 496
CHAPTER AND CHAPTERS 4123., 4127., AND 4131. OF THE REVISED CODE; 498
(3) ENGAGING IN RULEMAKING WHERE REQUIRED BY THIS CHAPTER 501
OR CHAPTER 4123., 4127., OR 4131. OF THE REVISED CODE. 502
Sec. 4121.09. The industrial commission shall have an 511
official seal for the authentication of its orders and 512
proceedings, upon which seal shall be engraved "The Industrial 513
Commission of Ohio," and such other design as the commission 514
prescribes. The courts in this state shall take judicial notice
of such seal, and in all cases copies of orders, proceedings, or 515
records in the office of the commission, certified by the 516
secretary EXECUTIVE DIRECTOR of the commission under its seal, 518
shall be equal to the original as evidence.
Sec. 4121.10. The industrial commission shall be in 527
continuous session and open for the transaction of business 528
during all business hours of every day excepting Sundays and 529
legal holidays. The sessions of the commission shall be open to 530
the public and shall stand and be adjourned without further
notice thereof on its record. All of the proceedings of the 531
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commission shall be shown on its record, which shall be a public 532
record, and all voting shall be had by calling the name of each 533
member of the industrial commission by the secretary EXECUTIVE 534
DIRECTOR, and each member's vote shall be recorded on the record 535
of proceedings as cast. The commission shall keep a separate 536
record of its proceedings relative to claims coming before it for 537
compensation for injured and the dependents of killed employees, 538
which record shall contain its findings and the award in each 539
such claim for compensation considered by it, and in all such 540
claims the reasons for the allowance or rejection thereof shall 541
be stated in said record.
Sec. 4121.34. (A) The industrial commission shall appoint 550
a sufficient number of district DISTRICT hearing officers for the 552
purpose of hearing SHALL HEAR the matters listed in division (B) 553
of this section. District hearing officers are in the classified 555
civil service of the state, are full-time employees of the 556
INDUSTRIAL commission, and shall be persons admitted to the 558
practice of law in this state. District hearing officers shall 559
not engage in any other activity that interferes with their 560
full-time employment by the commission during normal working 561
hours.
(B) District hearing officers shall have original 563
jurisdiction on all of the following matters: 564
(1) Determinations under section 4123.57 of the Revised 566
Code; 567
(2) All appeals from a decision of the administrator of 569
workers' compensation under division (B) of section 4123.511 of 570
the Revised Code; 571
(3) All other contested claims matters under this chapter 573
and Chapters 4123., 4127., and 4131. of the Revised Code, except 574
those matters over which staff hearing officers have original 575
jurisdiction. 576
(C) The administrator of workers' compensation shall make 578
available to each district hearing officer the facilities and 579
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assistance of bureau employees and furnish all information 580
necessary to the performance of the district hearing officer's 581
duties. 582
(D) A district hearing officer shall report to the 584
inspection division of the bureau of workers' compensation 585
suspected fraudulent activity pertaining to the operation of the 586
workers' compensation system and its several insurance funds as 587
evidenced during any hearing in which the hearing officer is
present or as evidenced by any material submitted for use in a 588
hearing. A district hearing officer shall be held harmless for 589
submitting a report under this division. The inspection division 590
shall maintain in confidence the identity of any hearing officer 591
who submits a report under this division.
Sec. 4121.35. (A) The industrial commission shall appoint 600
staff STAFF hearing officers to SHALL consider and decide all 602
matters specified in division (B) of this section. All staff 603
hearing officers are full-time employees of the INDUSTRIAL 604
commission and shall be admitted to the practice of law in this 606
state. Staff hearing officers shall not engage in any other 608
activity that interferes with their full-time employment by the 609
commission during normal working hours.
(B) Except as provided in division (D) of this section, 611
staff hearing officers have original jurisdiction to hear and 612
decide the following matters: 613
(1) Applications for permanent total impairment awards 615
pursuant to section 4123.58 of the Revised Code; 616
(2) Appeals from an order of a district hearing officer 618
issued under division (C) of section 4123.511 of the Revised 619
Code; 620
(3) Applications for additional awards for violation of a 622
specific safety rule of the administrator of workers' 623
compensation pursuant to Section 35 of Article II of the Ohio 624
Constitution; 625
(4) Reviews of settlement agreements pursuant to section 627
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4123.65 of the Revised Code. Decisions of the staff hearing 628
officer under that section are final and not appealable to the 629
commission or to court under section 4123.511 or 4123.512 of the 630
Revised Code. 631
(C) The decision of a staff hearing officer under division 633
(D) of section 4123.511 of the Revised Code is the decision of 634
the commission for the purposes of section 4123.512 of the 635
Revised Code unless the commission hears an appeal under division 636
(E) of section 4123.511 of the Revised Code. 637
(D) Staff hearing officers shall hold hearings on all 639
matters referred to them for hearing. Hearing procedures shall 640
conform to the rules the commission adopts pursuant to section 641
4121.36 of the Revised Code. 642
(E) A staff hearing officer shall report to the inspection 644
division of the bureau of workers' compensation suspected 645
fraudulent activity pertaining to the operation of the workers' 646
compensation system and its several insurance funds as evidenced 647
during any hearing which the the hearing officer is present or as 648
evidenced by any material submitted for use in a hearing. A
staff hearing officer shall be held harmless for submitting a 649
report under this division. The inspection division shall 650
maintain in confidence the identity of any hearing officer who 651
submits a report under this division.
Sec. 4123.511. (A) Within seven days after receipt of any 661
claim under this chapter, the bureau of workers' compensation
shall notify the claimant and the employer of the claimant of the 662
receipt of the claim and of the facts alleged therein. If the 663
bureau receives from a person other than the claimant written or 664
telecommunicated information indicating that an injury has 665
occurred or an occupational disease that may be compensable under 667
this chapter has been diagnosed by a licensed physician, the 668
bureau shall notify the employee and the employer of the 669
information. If the information is provided by any method of 670
telecommunication, the person providing the information shall 671
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provide written verification of the information to the bureau 672
according to division (E) of section 4123.84 of the Revised Code. 673
The receipt of the information in writing, or if by a method of 674
telecommunications, the written verification, and the notice by 675
the bureau shall be considered an application for compensation 676
under section 4123.84 or 4123.85 of the Revised Code provided 677
that the conditions of division (E) of section 4123.84 of the 678
Revised Code apply to information provided by a method of 679
telecommunication. Upon receipt of a claim, the bureau shall 680
advise the claimant of the claim number assigned and the 681
claimant's right to representation in the processing of a claim 682
or to elect no representation. If the bureau determines that a 683
claim is determined to be a compensable lost time claim, the 684
bureau shall notify the claimant and the employer of the 685
availability of rehabilitation services. No bureau or industrial 686
commission employee shall directly or indirectly convey any 687
information in derogation of this right. This section shall in 688
no way abrogate the bureau's responsibility to aid and assist a 689
claimant in the filing of a claim and to advise the claimant of 690
the claimant's rights under the law.
The administrator of workers' compensation shall assign all 692
claims and investigations to the bureau service office from which 693
investigation and determination may be made most expeditiously. 694
The bureau shall investigate the facts concerning an injury 696
or occupational disease and ascertain such facts in whatever 697
manner is most appropriate and may obtain statements of the 698
employee, employer, attending physician, and witnesses in 699
whatever manner is most appropriate. 700
(B)(1) Except as provided in division (B)(2) of this 702
section, in claims other than those in which the employer is a 703
self-insuring employer, if the administrator determines under 704
division (A) of this section that a claimant is or is not 705
entitled to an award of compensation or benefits, the 706
administrator shall issue an order, no later than twenty-eight 709
17
days after the sending of the notice under division (A) of this 710
section, granting or denying the payment of the compensation or 711
benefits, or both as is appropriate to the claimant. 712
Notwithstanding the time limitation specified in this division
for the issuance of an order, if a medical examination of the 713
claimant is required by statute, the administrator promptly shall 714
schedule the claimant for that examination and shall issue an 715
order no later than twenty-eight days after receipt of the report 716
of the examination. The administrator shall notify the claimant 717
and the employer of the claimant and their respective 718
representatives in writing of the nature of the order and the 719
amounts of compensation and benefit payments involved. The 720
employer or claimant may appeal the order pursuant to division 721
(C) of this section within fourteen days after the date of the 722
receipt of the order. The employer and claimant may waive, in 723
writing, their rights to an appeal under this division. 724
(2) Notwithstanding the time limitation specified in 726
division (B)(1) of this section for the issuance of an order, if 727
the employer certifies a claim for payment of compensation or 728
benefits, or both, to a claimant, and the administrator has 729
completed the investigation of the claim, the payment of benefits 731
or compensation, or both, as is appropriate, shall commence upon 732
the later of the date of the certification or completion of the 733
investigation and issuance of the order by the administrator, 734
provided that the administrator shall issue the order no later 735
than the time limitation specified in division (B)(1) of this 736
section. 737
(3) If an appeal is made under division (B) of this 740
section, the administrator shall forward the claim file to the 741
appropriate district hearing officer within seven days of the
appeal. In contested claims other than state fund claims, the 742
administrator shall forward the claim within seven days of the 743
administrator's receipt of the claim to the commission, which 745
shall refer the claim to an appropriate district hearing officer 746
18
for a hearing in accordance with division (C) of this section. 747
(C) If an employer or claimant timely appeals the order of 749
the administrator issued under division (B) of this section or in 750
the case of other contested claims other than state fund claims, 751
the commission shall refer the claim to an appropriate district 752
hearing officer according to rules the commission adopts under 753
section 4121.36 of the Revised Code. The district hearing 754
officer shall notify the parties and their respective 755
representatives of the time and place of the hearing. 756
The district hearing officer shall hold a hearing on a 758
disputed issue or claim within forty-five days after the filing 760
of the appeal under this division and issue a decision within 761
seven days after holding the hearing. The district hearing 762
officer shall notify the parties and their respective
representatives in writing of the order. Any party may appeal an 764
order issued under this division pursuant to division (D) of this 765
section within fourteen days after receipt of the order under 766
this division. 767
(D) Upon the timely filing of an appeal of the order of 769
the district hearing officer issued under division (C) of this 770
section, the commission shall refer the claim file to an 771
appropriate staff hearing officer according to its rules adopted 772
under section 4121.36 of the Revised Code. The staff hearing 773
officer shall hold a hearing within forty-five days after the 774
filing of an appeal under this division and issue a decision 775
within seven days after holding the hearing under this division. 778
The staff hearing officer shall notify the parties and their 779
respective representatives in writing of the staff hearing
officer's order. Any party may appeal an order issued under this 781
division pursuant to division (E) of this section within fourteen 782
days after receipt of the order under this division. 783
(E) Upon the filing of a timely appeal of the order of the 785
staff hearing officer issued under division (D) of this section, 786
the commission or a designated staff hearing officer, on behalf 787
19
of the commission, shall determine whether the commission will 789
hear the appeal. If the commission or the designated staff
hearing officer decides to hear the appeal, the commission or the 791
designated staff hearing officer shall notify the parties and 792
their respective representatives in writing of the time and place 793
of the hearing. The commission shall hold the hearing within 794
forty-five days after the filing of the notice of appeal and, 795
within seven days after the conclusion of the hearing, the 796
commission shall issue its order affirming, modifying, or 797
reversing the order issued under division (D) of this section. 798
The commission shall notify the parties and their respective 799
representatives in writing of the order. If the commission or 800
the designated staff hearing officer determines not to hear the 801
appeal, within fourteen days after the filing of the notice of 802
appeal, the commission or the designated staff hearing officer 803
shall issue an order to that effect and notify the parties and
their respective representatives in writing of that order. 804
Except as otherwise provided in this chapter and Chapters 806
4121., 4127., and 4131. of the Revised Code, any party may appeal 807
an order issued under this division to the court pursuant to 808
section 4123.512 of the Revised Code within sixty days after 809
receipt of the order, subject to the limitations contained in 810
that section. 811
(F) Every notice of an appeal from an order issued under 813
divisions (B), (C), (D), and (E) of this section shall state the 814
names of the claimant and employer, the number of the claim, the 815
date of the decision appealed from, and the fact that the 816
appellant appeals therefrom. 817
(G) All of the following apply to the proceedings under 819
divisions (C), (D), and (E) of this section: 820
(1) The parties shall proceed promptly and without 822
continuances except for good cause; 823
(2) The parties, in good faith, shall engage in the free 825
exchange of information relevant to the claim prior to the 826
20
conduct of a hearing according to the rules the commission adopts 827
under section 4121.36 of the Revised Code; 828
(3) The administrator is a party and may appear and 830
participate at all administrative proceedings on behalf of the 831
state insurance fund. However, in cases in which the employer is 832
represented, the administrator shall neither present arguments 833
nor introduce testimony that is cumulative to that presented or 834
introduced by the employer or the employer's representative. The 835
administrator may file an appeal under this section on behalf of
the state insurance fund; however, except in cases arising under 836
section 4123.343 of the Revised Code, the administrator only may 837
appeal questions of law or issues of fraud when the employer 838
appears in person or by representative.
(H) Except as provided in division (J) of this section, 840
payments of compensation to a claimant or on behalf of a claimant 841
as a result of any order issued under this chapter shall commence 842
upon the earlier of the following: 843
(1) Fourteen days after the date the administrator issues 845
an order under division (B) of this section, unless that order is 846
appealed; 847
(2) The date when the employer has waived the right to 849
appeal a decision issued under division (B) of this section; 850
(3) If no appeal of an order has been filed under this 852
section or to a court under section 4123.512 of the Revised Code, 853
the expiration of the time limitations for the filing of an 854
appeal of an order; 855
(4) Twenty-one days after the date of receipt by the 857
employer of an order of a district hearing officer, a staff 858
hearing officer, or the industrial commission issued under 860
division (C), (D), or (E) of this section. 861
(I) No medical benefits payable under this chapter or 863
Chapter 4121., 4127., or 4131. of the Revised Code are payable 864
until the earlier of the following: 865
(1) The date of the issuance of the staff hearing 867
21
officer's order under division (D) of this section; 868
(2) The date of the final administrative or judicial 870
determination. 871
(J) Upon the final administrative or judicial 873
determination, if a claimant is found to have received 874
compensation to which the claimant was not entitled, the 876
claimant's employer, if a self-insuring employer, or the bureau, 877
shall withhold from any amount to which the claimant becomes 878
entitled pursuant to any claim, past, present, or future, under 879
Chapter 4121., 4123., 4127., or 4131. of the Revised Code, the 880
amount to which the claimant was not entitled pursuant to the 881
following criteria:
(1) No withholding for the first twelve weeks of temporary 883
total disability compensation pursuant to section 4123.56 of the 884
Revised Code shall be made; 885
(2) Forty per cent of all awards of compensation paid 887
pursuant to sections 4123.56 and 4123.57 of the Revised Code, 888
until the amount overpaid is refunded; 889
(3) Twenty-five per cent of any compensation paid pursuant 891
to section 4123.58 of the Revised Code until the amount overpaid 892
is refunded; 893
(4) If, pursuant to an appeal under section 4123.512 of 895
the Revised Code, the court of appeals or the supreme court 896
reverses the allowance of the claim, then no amount of any 897
compensation will be withheld. 898
(K) If a staff hearing officer or the commission fails to 900
issue a decision or the commission fails to refuse to hear an 901
appeal within the time periods required by this section, payments 902
to a claimant shall cease until the staff hearing officer or 903
commission issues a decision or hears the appeal, unless the 904
failure was due to the fault or neglect of the employer or the 905
employer agrees that the payments should continue for a longer 906
period of time. 907
(L) Except as OTHERWISE provided in THIS SECTION OR 909
22
section 4123.522 of the Revised Code, no appeal is timely filed 911
under this section unless the appeal is filed with the time 912
limits set forth in this section.
(M) No person who is not an employee of the bureau or 914
commission or who is not by law given access to the contents of a 915
claims file shall have a file in the person's possession. 916
(N) UPON APPLICATION OF A PARTY WHO RESIDES IN AN AREA IN 919
WHICH AN EMERGENCY OR DISASTER IS DECLARED, THE INDUSTRIAL 920
COMMISSION AND HEARING OFFICERS OF THE COMMISSION MAY WAIVE THE 921
TIME FRAME WITHIN WHICH CLAIMS AND APPEALS OF CLAIMS SET FORTH IN 922
THIS SECTION MUST BE FILED UPON A FINDING THAT THE APPLICANT WAS 923
UNABLE TO COMPLY WITH A FILING DEADLINE DUE TO AN EMERGENCY OR A 924
DISASTER.
AS USED IN THIS DIVISION: 926
(1) "EMERGENCY" MEANS ANY OCCASION OR INSTANCE FOR WHICH 928
THE GOVERNOR OF OHIO OR THE PRESIDENT OF THE UNITED STATES 930
PUBLICLY DECLARES AN EMERGENCY AND ORDERS STATE OR FEDERAL 931
ASSISTANCE TO SAVE LIVES AND PROTECT PROPERTY, THE PUBLIC HEALTH 932
AND SAFETY, OR TO LESSEN OR AVERT THE THREAT OF A CATASTROPHE. 933
(2) "DISASTER" MEANS ANY NATURAL CATASTROPHE OR FIRE, 935
FLOOD, OR EXPLOSION, REGARDLESS OF THE CAUSE, THAT CAUSES DAMAGE 936
OF SUFFICIENT MAGNITUDE THAT THE GOVERNOR OF OHIO OR THE 937
PRESIDENT OF THE UNITED STATES, THROUGH A PUBLIC DECLARATION, 939
ORDERS STATE OR FEDERAL ASSISTANCE TO ALLEVIATE DAMAGE, LOSS, 940
HARDSHIP, OR SUFFERING THAT RESULTS FROM THE OCCURRENCE. 941
Section 2. That existing sections 4121.01, 4121.02, 943
4121.03, 4121.09, 4121.10, 4121.34, 4121.35, and 4123.511 of the 944
Revised Code are hereby repealed. 946
Section 3. All items in this section are hereby 948
appropriated out of any moneys in the state treasury to the 949
credit of the designated fund. For all appropriations made in 950
this section, those in the first column are for fiscal year 1998, 951
and those in the second column are for fiscal year 1999.
OIC INDUSTRIAL COMMISSION 952
23
FND ALI ALI TITLE FY 1998 FY 1999 954
Workers' Compensation Fund Group 956
023 845-321 Operating Expenses $ 42,470,433 $ 44,627,357 961
023 845-410 Attorney General 963
Payments $ 2,358,762 $ 2,551,421 965
023 845-402 Rent - William Green 967
Building $ 4,448,792 $ 4,573,358 969
821 845-605 Service Account $ 176,258 $ 181,196 973
TOTAL WCF Workers' Compensation 974
Fund Group $ 49,454,245 $ 51,933,332 977
TOTAL ALL BUDGET FUND GROUPS $ 49,454,245 $ 51,933,332 980
Rent - William Green Building 983
The foregoing appropriation item 845-402, Rent - William 985
Green Building, shall be used for rent and operating expenses for 986
the space occupied by the Industrial Commission in the William 987
Green Building.
Service Account 989
The foregoing appropriation item 845-605, Service Account, 991
shall be used for any expense related to funds collected and 992
deposited in Fund 821, such as coin copier expense, coin changer 993
purchases, expenses related to conferences that produce revenue, 994
publications that produce revenue, and replacement of furniture 995
and equipment.
Section 4. Within the limits set forth in this act, the 997
Director of Budget and Management shall establish accounts 998
indicating the source and amount of funds for each appropriation 999
made in this act, and shall determine the form and manner in 1,000
which appropriation accounts shall be maintained.
The appropriations made in this act are subject to all 1,002
provisions of H.B. 215 of the 122nd General Assembly that are 1,003
generally applicable to such appropriations. 1,004
Section 5. Reissuance of Voided Warrants 1,006
In order to provide funds for the reissuance of voided 1,008
warrants pursuant to section 117.47 of the Revised Code, there is 1,009
24
hereby appropriated, out of moneys in the state treasury from the 1,010
fund credited as provided in section 117.47 of the Revised Code, 1,011
that amount sufficient to pay such warrants when approved by the 1,012
Office of Budget and Management.
Section 6. Judgments Against State 1,014
Any appropriations contained in this act, except those to 1,016
be applied to or used for payment of guarantees by or on behalf 1,017
of the state or for debt service on bonds, notes, or certificates 1,018
of participation, may be used pursuant to section 2743.15, 1,019
2743.19, or 2743.191 of the Revised Code for the purpose of 1,020
satisfying judgments, settlements, or administrative awards
ordered or approved by the Court of Claims in connection with 1,021
civil actions against the state. 1,022
Section 7. Reappropriation of Unexpended Balances 1,024
Notwithstanding section 131.33 of the Revised Code, 1,026
unexpended balances of appropriations and reappropriations 1,027
against which encumbrances have been lawfully incurred by a state 1,028
agency are, at the close of fiscal year 1997, to the extent of 1,029
such encumbrances, hereby reappropriated from the funds from
which they were originally appropriated and reappropriated and, 1,030
except for encumbrances for items of special order manufacture 1,031
not available on term contract or open market, made available for 1,032
the purpose of discharging such encumbrances for a period of five 1,033
months from the end of the fiscal year. Unexpended balances of 1,034
appropriations and reappropriations against which encumbrances 1,035
for items of special order manufacture not available on term
contract or in the open market have been lawfully incurred are, 1,036
at the close of the fiscal year, to the extent of such 1,037
encumbrances, hereby reappropriated and made available for the 1,038
purpose of discharging such encumbrances for a period of five 1,039
months from the end of the fiscal year or, if the Director of
Budget and Management approves, for a period of not more than 1,040
twelve months from the end of the fiscal year. 1,041
Any items for which unexpended balances are reappropriated 1,043
25
beyond a five-month period from the end of the fiscal year shall 1,044
be reported to the Controlling Board by the Director of Budget 1,045
and Management. The report on each such item shall include the 1,046
item, the cost of the item, the vendor involved, and the delivery 1,047
date. Such reports to the board shall be updated on a quarterly
basis while the encumbrance remains open. 1,048
After any such period, reappropriations made for the 1,050
purpose of discharging encumbrances for operating expenses, 1,051
defined as those encumbrances incurred for personal services, 1,052
maintenance, and equipment, are canceled. Reappropriations for 1,053
encumbrances other than operating expenses or items of special 1,054
manufacture not available on term contract or in the open market
may be extended by obtaining the approval of the Director of 1,055
Budget and Management. 1,056
Section 8. The Chairperson of the Industrial Commission 1,058
shall on or before December 31, 1997, and subsequently on or 1,060
before June 30, 1998, December 31, 1998, and June 30, 1999, 1,061
prepare and present a report to the chairperson and ranking
members of the standing committees of the House of 1,062
Representatives and Senate to which matters dealing with workers' 1,063
compensation and the Industrial Commission are normally referred, 1,064
and to ranking members of both committees. Each report shall 1,065
contain information relative to the number of cases disposed of 1,066
in the immediately preceding six-month period, the number of 1,067
cases pending, and the number of cases on appeal as well as the 1,068
efforts the Commission has made in maintaining and improving 1,069
communication with the Administrator of Workers' Compensation and 1,070
the Bureau of Workers' Compensation.
Section 9. If any item of law that constitutes the whole 1,072
or part of a codified or uncodified section of law contained in 1,073
this act, or if any application of any item of law that 1,074
constitutes the whole or part of a codified or uncodified section 1,075
of law contained in this act, is held invalid, the invalidity 1,076
does not affect other items of law or applications of items of 1,077
26
law that can be given effect without the invalid item of law or 1,078
application. To this end, the items of law of which the codified 1,079
and uncodified sections of law contained in this act are 1,080
composed, and their applications, are independent and severable.
Section 10. Except as otherwise specifically provided in 1,082
this act, the codified and uncodified sections of law contained 1,084
in this act, and the items of law of which the codified and 1,085
uncodified sections of law contained in this act are composed, 1,087
are not subject to the referendum. Therefore, under Ohio 1,088
Constitution, Article II, Section 1d and section 1.471 of the 1,089
Revised Code, the codified and uncodified sections of law
contained in this act, and the items of law of which the codified 1,090
and uncodified sections of law contained in this act are 1,092
composed, go into immediate effect when this act becomes law. 1,093
Section 11. Sections 4121.01, 4121.02, 4121.03, 4121.34, 1,095
and 4121.35 of the Revised Code, as amended by this act, and the 1,096
items of law of which such sections of the Revised Code, as 1,097
amended by this act, are composed, are subject to the referendum. 1,098
Therefore, under Ohio Constitution, Article II, Section 1c and 1,099
section 1.471 of the Revised Code, such sections as amended by 1,100
this act, and the items of law of which such sections as amended 1,101
by this act are composed, take effect on the ninety-first day 1,102
after this act is filed with the Secretary of State. If, 1,103
however, a referendum petition is filed against any such section 1,104
as amended by this act, or against any item of law of which any 1,105
such section as amended by this act is composed, the section as 1,106
amended, or item of law, unless rejected at the referendum, takes 1,108
effect at the earliest time permitted by law.
Section 12. Section 4123.511 of the Revised Code is 1,110
amended by this act and also by Am. Sub. S.B. 45 of the 122nd 1,111
General Assembly (effective July 22, 1997). The amendments of 1,112
Am. Sub. S.B. 45 are included in lower case to confirm the 1,113
intention to retain them, but are not intended to be effective 1,114
until July 22, 1997.