As Reported by the House Finance and Appropriations Committee    1            

122nd General Assembly                                             4            

   Regular Session                              Sub. H.B. No. 363  5            

      1997-1998                                                    6            


REPRESENTATIVES THOMPSON-JOHNSON-AMSTUTZ-O'BRIEN-CORE-CATES-VESPER  7            


                                                                   9            

                           A   B I L L                                          

             To amend sections 121.03, 2317.45, 4121.12,           11           

                4121.121, 4121.125, 4123.511, 4123.512, and        12           

                4123.57 of the Revised Code to make                             

                appropriations for the Bureau of Workers'          13           

                Compensation for the biennium beginning July 1,                 

                1997, and ending June 30, 1999, and to provide     14           

                authorization and conditions for the operation of  15           

                Bureau of Workers' Compensation programs.                       




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        16           

      Section 1.  That sections 121.03, 2317.45, 4121.12,          18           

4121.121, 4121.125, 4123.511, 4123.512, and 4123.57 of the         19           

Revised Code be amended to read as follows:                        20           

      Sec. 121.03.  The following administrative department heads  31           

shall be appointed by the governor, with the advice and consent    32           

of the senate, and shall hold their offices during the term of     33           

the appointing governor, except as provided in division (W) of     35           

this section, and are subject to removal at the pleasure of the    36           

governor.                                                                       

      (A)  The director of budget and management;                  38           

      (B)  The director of commerce;                               40           

      (C)  The director of transportation;                         42           

      (D)  The director of agriculture;                            44           

      (E)  The director of human services;                         47           

      (F)  Until July 1, 1997, the director of liquor control;     49           

      (G)  The director of public safety;                          51           

      (H)  The superintendent of insurance;                        53           

                                                          2      

                                                                 
      (I)  The director of development;                            55           

      (J)  The tax commissioner;                                   57           

      (K)  The director of administrative services;                59           

      (L)  The administrator of the bureau of employment           61           

services;                                                          62           

      (M)  The director of natural resources;                      64           

      (N)  The director of mental health;                          66           

      (O)  The director of mental retardation and developmental    68           

disabilities;                                                      69           

      (P)  The director of health;                                 71           

      (Q)  The director of youth services;                         73           

      (R)  The director of rehabilitation and correction;          75           

      (S)  The director of environmental protection;               77           

      (T)  The director of aging;                                  79           

      (U)  The director of alcohol and drug addiction services;    81           

      (W)(V)  The administrator of workers' compensation who       83           

meets the qualifications required under division (A) of section    84           

4121.121 of the Revised Code, who shall serve as administrator,    85           

subject to removal at the pleasure of the governor, until the      86           

date the workers' compensation oversight commission appoints the   87           

administrator as provided in division (F)(10) of section 4121.12   88           

of the Revised Code.                                                            

      Sec. 2317.45.  (A)  As used in this section:                 97           

      (1)  "Collateral benefits" means benefits that are paid by   99           

any source, including workers' compensation benefits, to or on     101          

behalf of the plaintiff as a result of an injury or loss to                     

person or property, regardless of whether there is an obligation   102          

to pay back the money or other benefits, in whole or in part,      103          

upon recovery in a tort action.  "Collateral benefits" does not    104          

include life insurance proceeds.                                                

      (2)  "Tort action" means a civil action for damages for      107          

injury, death, or loss to person or property.  "Tort action"       108          

includes a product liability claim but does not include a civil    109          

action for damages for a breach of contract or another agreement   110          

                                                          3      

                                                                 
between persons.                                                                

      (3)  "Trier of fact" means the jury or, in a nonjury         112          

action, the court.                                                              

      (B)  In determining the amount of the compensatory damages   115          

that are recoverable by the plaintiff in a tort action, the trier  117          

of fact shall consider, if presented in the tort action, relevant               

collateral benefits that have been paid, or that the source of     118          

the benefits has acknowledged are payable, from insurance other    119          

than insurance for which the plaintiff, spouse of the plaintiff,   120          

or parent of the plaintiff if the plaintiff is a minor, has paid   121          

a premium, insurance that is subject to a right of subrogation,    122          

WORKERS' COMPENSATION BENEFITS THAT ARE SUBJECT TO A RIGHT OF      123          

SUBROGATION, or insurance that has any other obligation of         125          

repayment, including, but not limited to, evidence of the amount   126          

of the collateral benefit and of the costs, premiums, or charges                

for the collateral benefits.                                       127          

      (C)  This section does not apply as follows:                 129          

      (1)  In tort actions against the state in the court of       131          

claims.  Division (D) of section 2743.02 or division (B)(2) of     133          

section 3345.40 of the Revised Code applies to collateral          134          

recoveries or sources of plaintiffs in those tort actions.                      

      (2)  In tort actions against political subdivisions of this  136          

state that are commenced under or are subject to Chapter 2744. of  137          

the Revised Code.  Division (B) of section 2744.05 of the Revised  139          

Code applies to collateral sources of plaintiffs in those tort                  

actions.                                                           140          

      (D)  This section shall be considered to be purely remedial  142          

in operation and shall be applied in a remedial manner in any      143          

civil action commenced on or after the effective date of the       144          

amendment to this section JANUARY 27, 1997, in which this section  145          

is relevant, regardless of when the cause of action accrued and    146          

notwithstanding any other section of the Revised Code or prior     147          

rule of law of this state, but shall not be construed to apply to  148          

any civil action pending prior to the effective date of the        149          

                                                          4      

                                                                 
amendment to this section JANUARY 27, 1997.                        150          

      Sec. 4121.12.  (A)  There is hereby created the workers'     160          

compensation oversight commission consisting of nine members, of   161          

which members the governor shall appoint five with the advice and  162          

consent of the senate.  Of the five members the governor           164          

appoints, two shall be individuals who, on account of their        166          

previous vocation, employment, or affiliations, can be classed as  168          

representative of employees, at least one of whom is                            

representative of employees who are members of an employee         170          

organization; two shall be individuals who, on account of their    172          

previous vocation, employment, or affiliations, can be classed as  174          

representative of employers, one of whom represents self-insuring  175          

employers and one of whom has experience as an employer in         176          

compliance with section 4123.35 of the Revised Code other than a   178          

self-insuring employer, and one of those two representatives also               

shall represent employers whose employees are not members of an    179          

employee organization; and one shall represent the public and      180          

also be an individual who, on account of the individual's          181          

previous vocation, employment, or affiliations, cannot be classed  182          

as either predominantly representative of employees or of          183          

employers.  The governor shall select the chairperson of the       184          

commission who shall serve as chairperson at the pleasure of the   185          

governor.  No more than three members appointed by the governor    188          

shall belong to or be affiliated with the same political party.    189          

      Each of these five members shall have at least three years'  191          

experience in the field of insurance, finance, workers'            192          

compensation, law, accounting, actuarial, personnel, investments,  193          

or data processing, or in the management of an organization whose  194          

size is commensurate with that of the bureau of workers'           195          

compensation.  At least one of these five members shall be an      196          

attorney licensed under Chapter 4705. of the Revised Code to       197          

practice law in this state.                                        198          

      (B)  Of the initial appointments made to the commission,     201          

the governor shall appoint one member who represents employees to  202          

                                                          5      

                                                                 
a term ending one year after September 1, 1995, one member who     203          

represents employers to a term ending two years after the          205          

effective date of this section, the member who represents the      206          

public to a term ending three years after September 1, 1995, one   209          

member who represents employees to a term ending four years after  210          

September 1, 1995, and one member who represents employers to a    212          

term ending five years after September 1, 1995.  Thereafter,       214          

terms of office shall be for five years, with each term ending on  215          

the same day of the same month as did the term that it succeeds.   217          

Each member shall hold office from the date of his appointment     218          

until the end of the term for which the member was appointed.      219          

      The governor shall not appoint any person to more than two   221          

full terms of office on the commission.  This restriction does     222          

not prevent the governor from appointing a person to fill a        223          

vacancy caused by the death, resignation, or removal of a          224          

commission member and also appointing that person twice to full    225          

terms on the commission, or from appointing a person previously    226          

appointed to fill less than a full term twice to full terms on     227          

the commission.  Any member appointed to fill a vacancy occurring  228          

prior to the expiration date of the term for which the member's    230          

predecessor was appointed shall hold office as a member for the                 

remainder of that term.  A member shall continue in office         231          

subsequent to the expiration date of the member's term until a     233          

successor takes office or until a period of sixty days has         234          

elapsed, whichever occurs first.                                   235          

      (C)  In making appointments to the commission, the governor  238          

shall select the members from the list of names submitted by the   241          

workers' compensation oversight commission nominating committee    242          

pursuant to this division.  Within fourteen days after the         243          

governor calls the initial meeting of the nominating committee                  

pursuant to division (C) of section 4121.123 of the Revised Code,  244          

the nominating committee shall submit to the governor, for the     247          

initial appointments, a list containing four separate names for    249          

each of the members on the commission.  Within fourteen days       251          

                                                          6      

                                                                 
after the submission of the list, the governor shall appoint       252          

individuals from the list.                                                      

      For the appointment of the member who is representative of   254          

employees who are members of an employee organization, both for    255          

initial appointments and for the filling of vacancies, the list    256          

of four names submitted by the nominating committee shall be       257          

comprised of four individuals who are members of the executive     258          

committee of the largest statewide labor federation.                            

      Thereafter, within sixty days after a vacancy occurring as   262          

a result of the expiration of a term and within thirty days after  263          

other vacancies occurring on the commission, the nominating        264          

committee shall submit a list containing four names for each       266          

vacancy.  Within fourteen days after the submission of the list,   268          

the governor shall appoint individuals from the list.  With        270          

respect to the filling of vacancies, the nominating committee      271          

shall provide the governor with a list of four individuals who     272          

are, in the judgment of the nominating committee, the most fully   273          

qualified to accede to membership on the commission.  The          274          

nominating committee shall not include the name of an individual   275          

upon the list for the filling of vacancies if the appointment of                

that individual by the governor would result in more than three    276          

members of the commission belonging to or being affiliated with    277          

the same political party.  The committee shall include on the      278          

list for the filling of vacancies only the names of attorneys      279          

admitted to practice law in this state if, to fulfill the                       

requirement of division (A) of section 4121.12 of the Revised      280          

Code, the vacancy must be filled by an attorney.                   281          

      In order for the name of an individual to be submitted to    283          

the governor under this division, the nominating committee shall   285          

approve the individual by an affirmative vote of a majority of     287          

its members.                                                                    

      (D)  The remaining four members of the commission shall be   290          

the chairperson and ranking minority member of the standing        291          

committees of the house of representatives and of the senate to                 

                                                          7      

                                                                 
which legislation concerning this chapter and Chapters 4123.,      292          

4127., and 4131. of the Revised Code normally are referred, or a   294          

designee of the chairperson or ranking minority member, provided   295          

that the designee is a member of the standing committee.           296          

Legislative members shall serve during the session of the general  297          

assembly to which they are elected and for as long as they are     298          

members of the general assembly.  Legislative members shall serve  299          

in an advisory capacity to the commission and shall have no        301          

voting rights on matters coming before the commission.             303          

Membership on the commission by legislative members shall not be   304          

deemed as holding a public office.                                 305          

      (E)  All members of the commission shall receive their       308          

reasonable and necessary expenses pursuant to section 126.31 of    309          

the Revised Code while engaged in the performance of their duties  311          

as members.  Legislative members also shall receive fifty dollars  312          

per meeting that they attend.  Members appointed by the governor   313          

also shall receive an annual salary as follows:                                 

      (a)(1)  On and before August 31, 1998, not to exceed six     316          

thousand dollars payable at the rate of five hundred dollars per   317          

month.  A member shall receive the monthly five hundred dollar     318          

salary only if the member has attended at least one meeting of     320          

the commission during that month.  A member may receive no more                 

than the monthly five hundred dollar salary regardless of the      322          

number of meetings held by the commission during a month or the    323          

number of meetings in excess of one within a month that the        324          

member attends.                                                                 

      (b)(2)  After August 31, 1998, not to exceed eighteen        326          

thousand dollars payable at the rate of fifteen hundred dollars    327          

per month.  A member shall receive the monthly fifteen hundred     328          

dollar salary only if the member has attended at least one         329          

meeting of the commission during that month.  A member may         330          

receive no more than the monthly fifteen hundred dollar salary                  

regardless of the number of meetings held by the commission        331          

during the month or the number of meetings in excess of one        332          

                                                          8      

                                                                 
within a month that the member attends.                            333          

      The administrator of workers' compensation shall provide     335          

professional and clerical assistance to the commission, as the     336          

commission considers appropriate.                                  337          

      (F)  The commission shall:                                   339          

      (1)  Review progress of the bureau in meeting its cost and   342          

quality objectives and in complying with this chapter and          343          

Chapters 4123., 4127., and 4131. of the Revised Code;              344          

      (2)  Issue an annual report on the cost and quality          346          

objectives of the bureau to the president of the senate, the       348          

speaker of the house of representatives, and the governor;         349          

      (3)  Review all independent financial audits of the bureau.  351          

The administrator shall provide access to records of the bureau    352          

to facilitate the review required under this division.             353          

      (4)  Study issues as requested by the administrator or the   355          

governor;                                                                       

      (5)  Contract with an independent actuarial firm to assist   357          

the commission in making recommendations to the administrator      358          

regarding premium rates;                                                        

      (6)  Establish objectives, policies, and criteria for the    361          

administration of the investment program that include asset        363          

allocation targets and ranges, risk factors, asset class                        

benchmarks, time horizons, total return objectives, and            364          

performance evaluation guidelines, and monitor the                 366          

administrator's progress in implementing the objectives,           367          

policies, and criteria on a quarterly basis.  The commission                    

shall publish the objectives, policies, and criteria no less than  369          

annually and shall make copies available to interested parties.    370          

The commission shall prohibit, on a prospective basis, specific    372          

investment activity it finds to be contrary to its investment                   

objectives, policies, and criteria.                                373          

      The investment policy in existence on the effective date of  375          

this amendment shall continue until the commission approves        376          

objectives, policies, and criteria for the administration of the   377          

                                                          9      

                                                                 
investment program pursuant to this section.                       378          

      (7)  Advise and consent on all of the following:             380          

      (a)  Administrative rules the administrator submits to it    383          

pursuant to division (B)(5) of section 4121.121 of the Revised                  

Code for the classification of occupations or industries, for      385          

premium rates and contributions, for the amount to be credited to  386          

the surplus fund, for rules and systems of rating, rate            387          

revisions, and merit rating;                                                    

      (b)  The overall policy of the bureau of workers'            390          

compensation as set by the administrator;                                       

      (c)  The duties and authority conferred upon the             392          

administrator pursuant to section 4121.37 of the Revised Code;     393          

      (d)  Rules the administrator adopts for the health           395          

partnership program and the qualified health plan system, as       396          

provided in sections 4121.44, 4121.441, and 4121.442 of the        397          

Revised Code.                                                                   

      (8)  Perform all duties required under section 4121.125 of   399          

the Revised Code;                                                  400          

      (9)  After August 31, 1998, appoint an administrator who     402          

meets the qualifications required under section 4121.121 of the    403          

Revised Code and fix the salary of the administrator, the amount   405          

of which the commission shall base upon the experience of the      407          

administrator and the responsibilities and duties of the                        

administrator pursuant to this chapter and Chapters 4123., 4127.,  408          

and 4131. of the Revised Code.                                     409          

      (G)  The commission may enter into an employment contract    411          

with an administrator it appoints, provided that the contract      412          

does not exceed two years in length.                               414          

      (H)  As used in this section, "employee organization" means  416          

any labor or bona fide organization in which employees             417          

participate and which exists for the purpose, in whole or in       419          

part, of dealing with employers concerning grievances, labor       420          

disputes, wages, hours, terms and other conditions of employment.  421          

      Sec. 4121.121.  (A)  There is hereby created the bureau of   430          

                                                          10     

                                                                 
workers' compensation, which shall be administered by the          431          

administrator of workers' compensation.  A person appointed to     432          

the position of administrator shall possess significant            433          

management experience in effectively managing an organization or   434          

organizations of substantial size and complexity.  Before                       

September 1, 1998, the THE governor shall appoint the              435          

administrator as provided in section 121.03 of the Revised Code,   437          

and the administrator shall serve at the pleasure of the           439          

governor.  The governor shall fix the administrator's salary on    441          

the basis of the administrator's experience and the                             

administrator's responsibilities and duties under this chapter     443          

and Chapters 4123., 4127., and 4131. of the Revised Code.  The     444          

governor shall not appoint to the position of administator any     445          

person who has, or whose spouse has, given a contribution to the   446          

campaign committee of the governor in an amount greater than one   447          

thousand dollars during the two-year period immediately preceding  448          

the date of the appointment of the administrator.  After August    450          

31, 1998, the workers' compensation oversight commission shall     451          

appoint the administrator as provided in division (F)(9) of        452          

section 4121.12 of the Revised Code, and the administrator shall   453          

serve at the pleasure of the oversight commission.  The oversight  455          

commission shall fix the administrator's salary on the basis of    456          

the administrator's experience and the administrator's             457          

responsibilities and duties under this chapter and Chapters        458          

4123., 4127., and 4131. of the Revised Code.                       459          

      The administrator shall hold no other public office and      461          

shall devote full time to the duties of administrator.  Before     463          

entering upon the duties of the office, the administrator shall    464          

take an oath of office as required by sections 3.22 and 3.23 of    465          

the Revised Code, and shall file in the office of the secretary    466          

of state, a bond signed by the administrator and by surety         467          

approved by the governor, for the sum of fifty thousand dollars    469          

payable to the state, conditioned upon the faithful performance    470          

of the administrator's duties.                                                  

                                                          11     

                                                                 
      (B)  The administrator is responsible for the management of  473          

the bureau of workers' compensation and for the discharge of all   474          

administrative duties imposed upon the administrator in this       475          

chapter and Chapters 4123., 4127., and 4131. of the Revised Code,  477          

and in the discharge thereof shall do all of the following:        478          

      (1)  Establish the overall administrative policy of the      481          

bureau for the purposes of this chapter and Chapters 4123.,                     

4127., and 4131. of the Revised Code, and perform all acts and     482          

exercise all authorities and powers, discretionary and otherwise   484          

that are required of or vested in the bureau or any of its         485          

employees in this chapter and Chapters 4123., 4127., and 4131. of  486          

the Revised Code, except the acts and the exercise of authority    487          

and power that is required of and vested in the oversight          488          

commission or the industrial commission pursuant to those          489          

chapters.  The treasurer of state shall honor all warrants signed  490          

by the administrator, or by one or more of the administrator's     491          

employees, authorized by the administrator in writing, or bearing  493          

the facsimile signature of the administrator or such employee      494          

under sections 4123.42 and 4123.44 of the Revised Code.            495          

      (2)  Employ, direct, and supervise all employees required    497          

in connection with the performance of the duties assigned to the   498          

bureau by this chapter and Chapters 4123., 4127., and 4131. of     499          

the Revised Code, and may establish job classification plans and   500          

compensation for all employees of the bureau provided that this    501          

grant of authority shall not be construed as affecting any         502          

employee for whom the state employment relations board has         503          

established an appropriate bargaining unit under section 4117.06   504          

of the Revised Code.  All positions of employment in the bureau    505          

are in the classified civil service except those employees the     506          

administrator may appoint to serve at the administrator's          507          

pleasure in the unclassified civil service pursuant to section     508          

124.11 of the Revised Code.  The administrator shall fix the       509          

salaries of employees the administrator appoints to serve at the   511          

administrator's pleasure, including the chief operating officer,   512          

                                                          12     

                                                                 
staff physicians, and other senior management personnel of the                  

bureau AND SHALL ESTABLISH THE COMPENSATION OF STAFF ATTORNEYS OF  513          

THE BUREAU'S LEGAL SECTION AND THEIR IMMEDIATE SUPERVISORS, AND    514          

TAKE WHATEVER STEPS ARE NECESSARY TO PROVIDE ADEQUATE              515          

COMPENSATION FOR OTHER STAFF ATTORNEYS.                            516          

      (3)  Reorganize the work of the bureau, its sections,        518          

departments, and offices to the extent necessary to achieve the    519          

most efficient performance of its functions and to that end may    520          

establish, change, or abolish positions and assign and reassign    521          

duties and responsibilities of every employee of the bureau.  All  522          

persons employed by the commission in positions that, after        524          

November 3, 1989, are supervised and directed by the               525          

administrator under this section are transferred to the bureau in  526          

their respective classifications but subject to reassignment and   527          

reclassification of position and compensation as the               528          

administrator determines to be in the interest of efficient        529          

administration.  The civil service status of any person employed   530          

by the commission is not affected by this section.  Personnel      531          

employed by the bureau or the commission who are subject to        532          

Chapter 4117. of the Revised Code shall retain all of their        533          

rights and benefits conferred pursuant to that chapter as it       534          

presently exists or is hereafter amended and nothing in this       535          

chapter or Chapter 4123. of the Revised Code shall be construed    536          

as eliminating or interfering with Chapter 4117. of the Revised    537          

Code or the rights and benefits conferred under that chapter to    538          

public employees or to any bargaining unit.                        539          

      (4)  Provide offices, equipment, supplies, and other         541          

facilities for the bureau.  The administrator also shall provide   543          

suitable office space in the service offices for the district      544          

hearing officers, the staff hearing officers, and commission       545          

employees as requested by the commission.                                       

      (5)  Prepare and submit to the oversight commission          548          

information the administrator considers pertinent or the           549          

oversight commission requires, together with the administrator's   552          

                                                          13     

                                                                 
recommendations, in the form of administrative rules, for the      553          

advice and consent of the oversight commission, for                554          

classifications of occupations or industries, for premium rates    555          

and contributions, for the amount to be credited to the surplus    556          

fund, for rules and systems of rating, rate revisions, and merit   557          

rating.  The administrator shall obtain, prepare, and submit any   558          

other information the oversight commission requires for the        560          

prompt and efficient discharge of its duties.                      562          

      (6)  Keep the accounts required by division (A) of section   564          

4123.34 of the Revised Code and all other accounts and records     565          

necessary to the collection, administration, and distribution of   566          

the workers' compensation funds and shall obtain the statistical   567          

and other information required by section 4123.19 of the Revised   568          

Code.                                                              569          

      (7)  Exercise the investment powers vested in the            571          

administrator by section 4123.44 of the Revised Code in            572          

accordance with the investment objectives, policies, and criteria  574          

established by the oversight commission pursuant to section        575          

4121.12 of the Revised Code.  The administrator shall not engage   576          

in any prohibited investment activity specified by the oversight   577          

commission pursuant to division (F)(6) of section 4121.12 of the   578          

Revised Code.  All business shall be transacted, all funds         579          

invested, all warrants for money drawn and payments made, and all  580          

cash and securities and other property held, in the name of the    581          

bureau, or in the name of its nominee, provided that nominees are               

authorized by the administrator solely for the purpose of          583          

facilitating the transfer of securities, and restricted to the     584          

administrator and designated employees.                            585          

      (8)  Make contracts for and supervise the construction of    588          

any project or improvement or the construction or repair of        589          

buildings under the control of the bureau.                         590          

      (9)  Purchase supplies, materials, equipment, and services;  592          

make contracts for, operate, and superintend the telephone, other  593          

telecommunication, and computer services for the use of the        594          

                                                          14     

                                                                 
bureau; and make contracts in connection with office               595          

reproduction, forms management, printing, and other services.      596          

      (10)  Separately from the budget the industrial commission   599          

submits, prepare and submit to the director of budget and          600          

management a budget for each biennium.  The budget submitted       601          

shall include estimates of the costs and necessary expenditures    602          

of the bureau in the discharge of any duty imposed by law as well  603          

as the costs of furnishing office space to the district hearing    604          

officers, staff hearing officers, and commission employees under   605          

division (D) of this section.                                      606          

      (11)  As promptly as possible in the course of efficient     608          

administration, decentralize and relocate such of the personnel    609          

and activities of the bureau as is appropriate to the end that     610          

the receipt, investigation, determination, and payment of claims   611          

may be undertaken at or near the place of injury or the residence  612          

of the claimant and for that purpose establish regional offices,   613          

in such places as the administrator considers proper, capable of   615          

discharging as many of the functions of the bureau as is           616          

practicable so as to promote prompt and efficient administration   617          

in the processing of claims.  All active and inactive lost-time    618          

claims files shall be held at the service office responsible for   619          

the claim.  A claimant, at the claimant's request, shall be        620          

provided with information by telephone as to the location of the   622          

file pertaining to claim.  The administrator shall ensure that     623          

all service office employees report directly to the director for   624          

their service office.                                                           

      (12)  Provide a written binder on new coverage where the     626          

administrator considers it to be in the best interest of the       627          

risk.  The administrator, or any other person authorized by the    628          

administrator, shall grant the binder upon submission of a         630          

request for coverage by the employer.  A binder is effective for   631          

a period of thirty days from date of issuance and is               632          

nonrenewable.  Payroll reports and premium charges shall coincide  633          

with the effective date of the binder.                             634          

                                                          15     

                                                                 
      (13)  Set standards for the reasonable and maximum handling  636          

time of claims payment functions, ensure, by rules, the impartial  637          

and prompt treatment of all claims and employer risk accounts,     638          

and establish a secure, accurate method of time stamping all       639          

incoming mail and documents hand delivered to bureau employees.    640          

      (14)  Ensure that all employees of the bureau follow the     642          

orders and rules of the commission as such orders and rules        643          

relate to the commission's overall adjudicatory policy-making and  644          

management duties under this chapter and Chapters 4123., 4127.,    645          

and 4131. of the Revised Code.                                     646          

      (15)  Manage and operate a data processing system with a     648          

common data base for the use of both the bureau and the            649          

commission and, in consultation with the commission, using         650          

electronic data processing equipment, shall develop a claims       651          

tracking system that is sufficient to monitor the status of a      652          

claim at any time and that lists appeals that have been filed and  653          

orders or determinations that have been issued pursuant to         654          

section 4123.511 or 4123.512 of the Revised Code, including the    655          

dates of such filings and issuances.                               656          

      (16)  Establish and maintain a medical section within the    658          

bureau.  The medical section shall do all of the following:        659          

      (a)  Assist the administrator in establishing standard       661          

medical fees, approving medical procedures, and determining        662          

eligibility and reasonableness of the compensation payments for    663          

medical, hospital, and nursing services, and in establishing       664          

guidelines for payment policies which recognize usual, customary,  665          

and reasonable methods of payment for covered services;            666          

      (b)  Provide a resource to respond to questions from claims  668          

examiners for employees of the bureau;                             669          

      (c)  Audit fee bill payments;                                671          

      (d)  Implement a program to utilize, to the maximum extent   673          

possible, electronic data processing equipment for storage of      674          

information to facilitate authorizations of compensation payments  675          

for medical, hospital, drug, and nursing services;                 676          

                                                          16     

                                                                 
      (e)  Perform other duties assigned to it by the              678          

administrator.                                                     679          

      (17)  Appoint, as the administrator determines necessary,    681          

panels to review and advise the administrator on disputes arising  683          

over a determination that a health care service or supply          684          

provided to a claimant is not covered under this chapter or        685          

Chapter 4123. of the Revised Code or is medically unnecessary.     686          

If an individual health care provider is involved in the dispute,  687          

the panel shall consist of individuals licensed pursuant to the    688          

same section of the Revised Code as such health care provider.     689          

      (18)  Pursuant to section 4123.65 of the Revised Code,       691          

approve applications for the final settlement of claims for        692          

compensation or benefits under this chapter and Chapters 4123.,    693          

4127., and 4131. of the Revised Code as the administrator          694          

determines appropriate, except in regard to the applications of    696          

self-insuring employers and their employees;                       697          

      (19)  Comply with section 3517.13 of the Revised Code, and   699          

except in regard to contracts entered into pursuant to the         702          

authority contained in section 4121.44 of the Revised Code,                     

comply with the competitive bidding procedures set forth in the    704          

Revised Code for all contracts into which the administrator        705          

enters provided that those contracts fall within the type of       706          

contracts and dollar amounts specified in the Revised Code for     707          

competitive bidding and further provided that those contracts are  708          

not otherwise specifically exempt from the competitive bidding     709          

procedures contained in the Revised Code.                          710          

      (20)  Adopt, with the advice and consent of the oversight    712          

commission, rules for the operation of the bureau.  No rule        713          

adopted by the administrator shall be construed as barring the     714          

participation of a person who is not admitted to the practice of   715          

law as a representative of a party for the purposes of any matter  716          

arising under this chapter and Chapters 4123., 4127., and 4131.    717          

of the Revised Code, provided that the representative of the                    

party complies with rules of the administrator.                    718          

                                                          17     

                                                                 
      (21)  Prepare and submit to the oversight commission         720          

information the administrator considers pertinent or the           721          

oversight commission requires, together with the administrator's   722          

recommendations, in the form of administrative rules, for the      723          

advice and consent of the oversight commission, for the health     724          

partnership program and the qualified health plan system, as                    

provided in sections 4121.44, 4121.441, and 4121.442 of the        725          

Revised Code.                                                                   

      (C)  The administrator, with the advice and consent of the   727          

senate, shall appoint a chief operating officer who has            729          

significant experience in the field of workers' compensation       730          

insurance or other similar insurance industry experience if the                 

administrator does not possess such experience.  The chief         731          

operating officer shall not commence the chief operating           732          

officer's duties until after the senate consents to the chief      733          

operating officer's appointment.  The chief operating officer      734          

shall serve in the unclassified civil service of the state.        735          

      Sec. 4121.125.  (A)  The workers' compensation oversight     745          

commission may contract with one or more outside actuarial firms   746          

and other professional persons, as the oversight commission        747          

determines necessary, to assist the oversight commission in        748          

measuring the performance of Ohio's workers' compensation system   749          

and in comparing Ohio's workers' compensation system to other      750          

state and private workers' compensation systems.  The oversight    751          

commission, actuarial firm or firms, and professional persons      752          

shall make such measurements and comparisons using accepted        753          

insurance industry standards, including, but not limited to,       754          

standards promulgated by the National Council on Compensation      756          

Insurance.                                                                      

      (B)  The oversight commission may contract with one or more  758          

outside firms to conduct management and financial audits of the    760          

workers' compensation system, including audits of the reserve      761          

fund belonging to the state insurance fund, and to establish       762          

objective quality management principles and methods by which to    763          

                                                          18     

                                                                 
review the performance of the workers' compensation system.                     

      (C)  The oversight commission shall include any actuarial,   765          

managerial, or financial report completed under its authority      767          

pursuant to division (A) or (B) of this section in the next        768          

regularly published report of the oversight commission.            769          

      (D)  The oversight commission shall publish monthly reports  771          

that include, but are not limited to, all of the following:        772          

      (1)  Comparative and competitive data concerning Ohio's      774          

workers' compensation system and the workers' compensation system  775          

of other states on all of the following subjects:                  777          

      (a)  Average length of time to process contested and         780          

uncontested claims;                                                             

      (b)  Length of time to investigate claims that raise         782          

suspicion of fraudulent activity;                                  783          

      (c)  Average indemnity cost of claims;                       785          

      (d)  Average medical costs of claims reported according to   787          

the types of awards and separately reported according to the       788          

types of injuries;                                                 789          

      (e)  Comparisons of Ohio classification manual rates with    792          

comparable rates in other states, and after the administrator of   793          

workers' compensation classifies occupations and industries and    794          

determines risks of different classes according to the National    795          

Council on Compensation Insurance, comparisons of rates in Ohio    797          

with rates of other states that use National Council on            798          

Compensation Insurance codes;                                                   

      (f)  Effectiveness of rehabilitation, both private and       800          

within the state's workers' compensation system, including the     801          

number of individuals referred, the percentage completing a        802          

rehabilitation program, and the percentage of those finding        803          

employment after successful completion of a rehabilitation         804          

program.                                                                        

      (2)  Data concerning Ohio's workers' compensation system     806          

concerning all of the following:                                   807          

      (a)  Performance of the investments of the bureau of         809          

                                                          19     

                                                                 
workers' compensation;                                             810          

      (b)  Effectiveness of the bureau in collecting delinquent    813          

payments that are due from employers pursuant to Chapters 4121.,   814          

4123., 4127., and 4131. of the Revised Code, including a                        

crosscheck with other state agencies to which employers are        816          

required under law to make payments;                                            

      (c)  Effectiveness of the bureau in subrogation claims;      819          

      (d)  Performance measurements of managed care organizations  822          

within the health partnership program and the qualified health     823          

plan system;                                                                    

      (e)  Return-to-work rates, medical outcome measures, and     826          

other measures that the oversight commission or general assembly                

determines;                                                        827          

      (f)  Adequacy of the reserve fund to cover indemnity costs   830          

of the state insurance fund;                                                    

      (g)  The total number of claims filed in the time period     832          

occurring subsequent to publication of the report that             833          

immediately precedes publication of the report for which the       834          

information is being compiled according to the type of claim,      836          

employer classification, and claim result;                                      

      (h)  The effectiveness of the bureau in identifying and      838          

eliminating fraud in the workers' compensation system and in       839          

recovering workers' compensation resources.                        840          

      The reports published under this division shall include      842          

data from the bureau and the industrial commission regarding       843          

state fund, self-insuring, and public employers.                   844          

      (E)  The administrator and the industrial commission shall   846          

compile information and provide access to records of the bureau    847          

and the industrial commission to the oversight commission to the   848          

extent necessary for fulfillment of all BOTH of the following      849          

requirements:                                                      850          

      (1)  Conduct of the measurements and comparisons described   853          

in division (A) of this section;                                   854          

      (2)  Conduct of the management and financial audits and      856          

                                                          20     

                                                                 
establishment of the principles and methods described in division  857          

(B) of this section;                                               858          

      (3)  Publishing of the reports described in divisions (C)    861          

and (D) of this section.                                                        

      (F)(D)  The administrator shall pay the expenses incurred    864          

by the oversight commission to effectively fulfill its duties and  865          

exercise its powers under this section as the administrator pays   866          

other operating expenses of the bureau.                            867          

      Sec. 4123.511.  (A)  Within seven days after receipt of any  878          

claim under this chapter, the bureau of workers' compensation                   

shall notify the claimant and the employer of the claimant of the  879          

receipt of the claim and of the facts alleged therein.  If the     880          

bureau receives from a person other than the claimant written or   881          

telecommunicated information indicating that an injury or          882          

occupational disease has occurred or been contracted which may be  883          

compensable under this chapter, the bureau shall notify the        884          

employee and the employer of the information.  If the information  885          

is provided by any method of telecommunication, the person         886          

providing the information shall provide written verification of    887          

the information to the bureau according to division (E) of         888          

section 4123.84 of the Revised Code.  The receipt of the           889          

information in writing, or if by a method of telecommunications,   890          

the written verification, and the notice by the bureau shall be    891          

considered an application for compensation under section 4123.84   892          

or 4123.85 of the Revised Code provided that the conditions of     893          

division (E) of section 4123.84 of the Revised Code apply to       894          

information provided by a method of telecommunication.  Upon       895          

receipt of a claim, the bureau shall advise the claimant of the    896          

claim number assigned and the claimant's right to representation   897          

in the processing of a claim or to elect no representation.  If    898          

the bureau determines that a claim is determined to be a           899          

compensable lost time claim, the bureau shall notify the claimant  900          

and the employer of the availability of rehabilitation services.   901          

No bureau or industrial commission employee shall directly or      902          

                                                          21     

                                                                 
indirectly convey any information in derogation of this right.     903          

This section shall in no way abrogate the bureau's responsibility  904          

to aid and assist a claimant in the filing of a claim and to       905          

advise the claimant of the claimant's rights under the law.        906          

      The administrator of workers' compensation shall assign all  908          

claims and investigations to the bureau service office from which  909          

investigation and determination may be made most expeditiously.    910          

      The bureau shall investigate the facts concerning an injury  912          

or occupational disease and ascertain such facts in whatever       913          

manner is most appropriate and may obtain statements of the        914          

employee, employer, attending physician, and witnesses in          915          

whatever manner is most appropriate.                               916          

      (B)(1)  Except as provided in division (B)(2) of this        918          

section, in claims other than those in which the employer is a     919          

self-insuring employer, if the administrator determines under      920          

division (A) of this section that a claimant is or is not          921          

entitled to an award of compensation or benefits, the              922          

administrator shall issue an order, no sooner than twenty-one      923          

days but no later than twenty-eight days after the sending of the  925          

notice under division (A) of this section, granting or denying     926          

the payment of the compensation or benefits, or both as is         927          

appropriate to the claimant.  Notwithstanding the time limitation  928          

specified in this division for the issuance of an order, if a      929          

medical examination of the claimant is required by statute, the    930          

administrator promptly shall schedule the claimant for that                     

examination and shall issue an order no later than twenty-eight    931          

days after receipt of the report of the examination.  The          932          

administrator shall notify the claimant and the employer of the    934          

claimant and their respective representatives in writing of the    935          

nature of the order and the amounts of compensation and benefit    936          

payments involved.  The employer or claimant may appeal the order  937          

pursuant to division (C) of this section within fourteen days      938          

after the date of the receipt of the order.  The employer and      939          

claimant may waive, in writing, their rights to an appeal under    940          

                                                          22     

                                                                 
this division.                                                                  

      (2)  Notwithstanding the time limitation specified in        942          

division (B)(1) of this section for the issuance of an order, if   943          

the employer certifies a claim for payment of compensation or      944          

benefits, or both, to a claimant, and the administrator has        945          

completed the investigation of the claim, the payment of benefits  947          

or compensation, or both, as is appropriate, shall commence upon   948          

the later of the date of the certification or completion of the    949          

investigation and issuance of the order by the administrator,      950          

provided that the administrator shall issue the order no later     951          

than the time limitation specified in division (B)(1) of this      952          

section.                                                           953          

      (3)  If an appeal is made under division (B)(1) or (2) of    955          

this section, the administrator shall forward the claim file to    956          

the appropriate district hearing officer within seven days of the  957          

appeal.  In contested claims other than state fund claims, the     958          

administrator shall forward the claim within seven days of the     959          

administrator's receipt of the claim to the commission, which      961          

shall refer the claim to an appropriate district hearing officer   962          

for a hearing in accordance with division (C) of this section.     963          

      (C)  If an employer or claimant timely appeals the order of  965          

the administrator issued under division (B) of this section or in  966          

the case of other contested claims other than state fund claims,   967          

the commission shall refer the claim to an appropriate district    968          

hearing officer according to rules the commission adopts under     969          

section 4121.36 of the Revised Code.  The district hearing         970          

officer shall notify the parties and their respective              971          

representatives of the time and place of the hearing.              972          

      The district hearing officer shall hold a hearing on a       974          

disputed issue or claim within forty-five days after the filing    976          

of the appeal under this division and issue a decision within      977          

seven days after holding the hearing.  The district hearing        978          

officer shall notify the parties and their respective                           

representatives in writing of the order.  Any party may appeal an  980          

                                                          23     

                                                                 
order issued under this division pursuant to division (D) of this  981          

section within fourteen days after receipt of the order under      982          

this division.                                                     983          

      (D)  Upon the timely filing of an appeal of the order of     985          

the district hearing officer issued under division (C) of this     986          

section, the commission shall refer the claim file to an           987          

appropriate staff hearing officer according to its rules adopted   988          

under section 4121.36 of the Revised Code.  The staff hearing      989          

officer shall hold a hearing within forty-five days after the      990          

filing of an appeal under this division and issue a decision       991          

within seven days after holding the hearing under this division.   994          

The staff hearing officer shall notify the parties and their       995          

respective representatives in writing of his THE STAFF HEARING                  

OFFICER'S order.  Any party may appeal an order issued under this  997          

division pursuant to division (E) of this section within fourteen  998          

days after receipt of the order under this division.               999          

      (E)  Upon the filing of a timely appeal of the order of the  1,001        

staff hearing officer issued under division (D) of this section,   1,002        

the commission or a designated staff hearing officer, on behalf    1,003        

of the commission, shall determine whether the commission will     1,005        

hear the appeal.  If the commission or the designated staff                     

hearing officer decides to hear the appeal, the commission or the  1,007        

designated staff hearing officer shall notify the parties and      1,008        

their respective representatives in writing of the time and place  1,009        

of the hearing.  The commission shall hold the hearing within      1,010        

forty-five days after the filing of the notice of appeal and,      1,011        

within seven days after the conclusion of the hearing, the         1,012        

commission shall issue its order affirming, modifying, or          1,013        

reversing the order issued under division (D) of this section.     1,014        

The commission shall notify the parties and their respective       1,015        

representatives in writing of the order.  If the commission or     1,016        

the designated staff hearing officer determines not to hear the    1,017        

appeal, within fourteen days after the filing of the notice of     1,018        

appeal, the commission or the designated staff hearing officer     1,019        

                                                          24     

                                                                 
shall issue an order to that effect and notify the parties and                  

their respective representatives in writing of that order.         1,020        

      Except as otherwise provided in this chapter and Chapters    1,022        

4121., 4127., and 4131. of the Revised Code, any party may appeal  1,023        

an order issued under this division to the court pursuant to       1,024        

section 4123.512 of the Revised Code within sixty days after       1,025        

receipt of the order, subject to the limitations contained in      1,026        

that section.                                                      1,027        

      (F)  Every notice of an appeal from an order issued under    1,029        

divisions (B), (C), (D), and (E) of this section shall state the   1,030        

names of the claimant and employer, the number of the claim, the   1,031        

date of the decision appealed from, and the fact that the          1,032        

appellant appeals therefrom.                                       1,033        

      (G)  All of the following apply to the proceedings under     1,035        

divisions (C), (D), and (E) of this section:                       1,036        

      (1)  The parties shall proceed promptly and without          1,038        

continuances except for good cause;                                1,039        

      (2)  The parties, in good faith, shall engage in the free    1,041        

exchange of information relevant to the claim prior to the         1,042        

conduct of a hearing according to the rules the commission adopts  1,043        

under section 4121.36 of the Revised Code;                         1,044        

      (3)  The administrator is a party and may appear and         1,046        

participate at all administrative proceedings on behalf of the     1,047        

state insurance fund.  However, in cases in which the employer is  1,048        

represented, the administrator shall neither present arguments     1,049        

nor introduce testimony that is cumulative to that presented or    1,050        

introduced by the employer or the employer's representative.  The  1,051        

administrator may file an appeal under this section on behalf of                

the state insurance fund; however, except in cases arising under   1,052        

section 4123.343 of the Revised Code, the administrator only may   1,053        

appeal questions of law or issues of fraud when the employer       1,054        

appears in person or by representative.                                         

      (H)  Except as provided in division (J) of this section,     1,056        

payments of compensation to a claimant or on behalf of a claimant  1,057        

                                                          25     

                                                                 
as a result of any order issued under this chapter shall commence  1,058        

upon the earlier of the following:                                 1,059        

      (1)  Fourteen days after the date the administrator issues   1,061        

an order under division (B) of this section, unless that order is  1,062        

appealed;                                                          1,063        

      (2)  The date when the employer has waived the right to      1,065        

appeal a decision issued under division (B) of this section;       1,066        

      (3)  If no appeal of an order has been filed under this      1,068        

section or to a court under section 4123.512 of the Revised Code,  1,069        

the expiration of the time limitations for the filing of an        1,070        

appeal of an order;                                                1,071        

      (4)  The date of receipt by the employer of an order of a    1,073        

district hearing officer, a staff hearing officer, or the          1,076        

industrial commission issued under division (C), (D), or (E) of    1,077        

this section.                                                      1,078        

      (I)  No medical benefits payable under this chapter or       1,080        

Chapter 4121., 4127., or 4131. of the Revised Code are payable     1,081        

until the earlier of the following:                                1,082        

      (1)  The date of the issuance of the staff hearing           1,084        

officer's order under division (D) of this section;                1,085        

      (2)  The date of the final administrative or judicial        1,087        

determination.                                                     1,088        

      (J)  Upon the final administrative or judicial               1,090        

determination UNDER THIS SECTION OR SECTION 4123.512 OF THE        1,091        

REVISED CODE OF AN APPEAL OF AN ORDER TO PAY COMPENSATION, if a    1,092        

claimant is found to have received compensation PURSUANT to A      1,093        

PRIOR ORDER which the claimant was not entitled IS REVERSED UPON   1,094        

SUBSEQUENT APPEAL, the claimant's employer, if a self-insuring     1,095        

employer, or the bureau, shall withhold from any amount to which   1,097        

the claimant becomes entitled pursuant to any claim, past,         1,098        

present, or future, under Chapter 4121., 4123., 4127., or 4131.    1,099        

of the Revised Code, the amount OF PREVIOUSLY PAID COMPENSATION    1,100        

to which the claimant was WHICH, DUE TO REVERSAL UPON APPEAL, THE  1,101        

CLAIMANT IS not entitled, pursuant to the following criteria:      1,102        

                                                          26     

                                                                 
      (1)  No withholding for the first twelve weeks of temporary  1,104        

total disability compensation pursuant to section 4123.56 of the   1,105        

Revised Code shall be made;                                        1,106        

      (2)  Forty per cent of all awards of compensation paid       1,108        

pursuant to sections 4123.56 and 4123.57 of the Revised Code,      1,109        

until the amount overpaid is refunded;                             1,110        

      (3)  Twenty-five per cent of any compensation paid pursuant  1,112        

to section 4123.58 of the Revised Code until the amount overpaid   1,113        

is refunded;                                                       1,114        

      (4)  If, pursuant to an appeal under section 4123.512 of     1,116        

the Revised Code, the court of appeals or the supreme court        1,117        

reverses the allowance of the claim, then no amount of any         1,118        

compensation will be withheld.                                     1,119        

      THE ADMINISTRATOR AND SELF-INSURING EMPLOYERS, AS            1,121        

APPROPRIATE, ARE SUBJECT TO THE REPAYMENT SCHEDULE OF THIS         1,122        

DIVISION ONLY WITH RESPECT TO AN ORDER TO PAY COMPENSATION THAT    1,123        

WAS PROPERLY PAID UNDER A PREVIOUS ORDER, BUT WHICH IS                          

SUBSEQUENTLY REVERSED UPON AN ADMINISTRATIVE OR JUDICIAL APPEAL.   1,124        

THE ADMINISTRATOR AND SELF-INSURING EMPLOYERS ARE NOT SUBJECT TO,  1,125        

BUT MAY UTILIZE, THE REPAYMENT SCHEDULE OF THIS DIVISION, OR ANY   1,126        

OTHER LAWFUL MEANS, TO COLLECT PAYMENT OF COMPENSATION MADE TO A   1,127        

PERSON WHO WAS NOT ENTITLED TO THE COMPENSATION DUE TO FRAUD OR    1,128        

HUMAN ERROR.                                                                    

      (K)  If a staff hearing officer or the commission fails to   1,130        

issue a decision or the commission fails to refuse to hear an      1,131        

appeal within the time periods required by this section, payments  1,132        

to a claimant shall cease until the staff hearing officer or       1,133        

commission issues a decision or hears the appeal, unless the       1,134        

failure was due to the fault or neglect of the employer or the     1,135        

employer agrees that the payments should continue for a longer     1,136        

period of time.                                                    1,137        

      (L)  Except as provided in section 4123.522 of the Revised   1,139        

Code, no appeal is timely filed under this section unless the      1,140        

appeal is filed with the time limits set forth in this section.    1,141        

                                                          27     

                                                                 
      (M)  No person who is not an employee of the bureau or       1,143        

commission or who is not by law given access to the contents of a  1,144        

claims file shall have a file in the person's possession.          1,145        

      Sec. 4123.512.  (A)  The claimant or the employer may        1,154        

appeal an order of the industrial commission made under division   1,155        

(E) of section 4123.511 of the Revised Code in any injury or       1,156        

occupational disease case, other than a decision as to the extent  1,157        

of disability or impairment, or percentage of impairment           1,158        

determined pursuant to division (A) of section 4123.57 of the      1,159        

Revised Code, to the court of common pleas of the county in which  1,162        

the injury was inflicted or in which the contract of employment    1,163        

was made if the injury occurred outside the state, or in which     1,164        

the contract of employment was made if the exposure occurred       1,165        

outside the state.  If no common pleas court has jurisdiction for  1,166        

the purposes of an appeal by the use of the jurisdictional         1,167        

requirements described in this division, the appellant may use     1,168        

the venue provisions in the Rules of Civil Procedure to vest       1,169        

jurisdiction in a court.  If the claim is for an occupational      1,170        

disease the appeal shall be to the court of common pleas of the    1,171        

county in which the exposure which caused the disease occurred.    1,172        

Like appeal may be taken from an order of a staff hearing officer  1,173        

made under division (D) of section 4123.511 of the Revised Code    1,174        

from which the commission has refused to hear an appeal.  The      1,175        

appellant shall file the notice of appeal with a court of common   1,176        

pleas within sixty days after the date of the receipt of the       1,177        

order appealed from or the date of receipt of the order of the     1,178        

commission refusing to hear an appeal of a staff hearing           1,179        

officer's decision under division (D) of section 4123.511 of the   1,180        

Revised Code.  The filing of the notice of the appeal with the     1,181        

court is the only act required to perfect the appeal.                           

      If an action has been commenced in a court of a county       1,183        

other than a court of a county having jurisdiction over the        1,184        

action, the court, upon notice by any party or upon its own        1,185        

motion, shall transfer the action to a court of a county having    1,186        

                                                          28     

                                                                 
jurisdiction.                                                      1,187        

      Notwithstanding anything to the contrary in this section,    1,189        

if the commission determines under section 4123.522 of the         1,190        

Revised Code that an employee, employer, or their respective       1,191        

representatives have not received written notice of an order or    1,192        

decision which is appealable to a court under this section and     1,193        

which grants relief pursuant to section 4123.522 of the Revised    1,194        

Code, the party granted the relief has sixty days from receipt of  1,195        

the order under section 4123.522 of the Revised Code to file a     1,196        

notice of appeal under this section.                               1,197        

      (B)  The notice of appeal shall state the names of the       1,199        

claimant and the employer, the number of the claim, the date of    1,200        

the order appealed from, and the fact that the appellant appeals   1,201        

therefrom.                                                         1,202        

      The administrator, the claimant, and the employer shall be   1,204        

parties to the appeal and the court, upon the application of the   1,205        

commission, shall make the commission a party.  The administrator  1,206        

shall notify the employer that, if the employer fails to become    1,209        

an active party to the appeal, the administrator may act on        1,210        

behalf of the employer and the results of the appeal could have    1,211        

an adverse effect upon the employer's premium rates.               1,212        

      (C)  The attorney general or one or more of the attorney     1,214        

general's assistants or special counsel designated by the          1,216        

attorney general shall represent the administrator and the         1,218        

commission.  If the attorney general or the attorney general's     1,219        

designated assistants or special counsel are absent, the           1,221        

administrator or the commission shall select one or more of the    1,222        

attorneys in the employ of the administrator or the commission as  1,223        

the administrator's attorney or the commission's attorney in the   1,224        

appeal.  Any attorney so employed shall continue the               1,226        

representation during the entire period of the appeal and in all   1,227        

hearings thereof except where the continued representation         1,228        

becomes impractical.                                                            

      (D)  Upon receipt of notice of appeal the clerk of courts    1,230        

                                                          29     

                                                                 
shall provide notice to all parties who are appellees and to the   1,231        

commission.                                                        1,232        

      The claimant, within thirty days after the filing of the     1,235        

notice of appeal, shall file a petition containing a statement of               

facts in ordinary and concise language showing a cause of action   1,236        

to participate or to continue to participate in the fund and       1,237        

setting forth the basis for the jurisdiction of the court over     1,238        

the action.  Further pleadings shall be had in accordance with     1,239        

the Rules of Civil Procedure, provided that service of summons on  1,240        

such petition shall not be required.  The clerk of the court,      1,241        

upon receipt thereof, shall transmit by certified mail a copy      1,243        

thereof to each party named in the notice of appeal other than     1,244        

the claimant.  Any party may file with the clerk prior to the      1,245        

trial of the action a deposition of any physician taken in         1,246        

accordance with the provisions of the Revised Code, which          1,247        

deposition may be read in the trial of the action even though the  1,248        

physician is a resident of or subject to service in the county in  1,249        

which the trial is had.  The bureau of workers' compensation       1,250        

shall pay the cost of the STENOGRAPHIC deposition filed in court   1,251        

and of copies of the STENOGRAPHIC deposition for each party from   1,253        

the surplus fund and charge the costs thereof against the          1,255        

unsuccessful party if the claimant's right to participate or       1,256        

continue to participate is finally sustained or established in     1,257        

the appeal.  In the event the deposition is taken and filed, the   1,258        

physician whose deposition is taken is not required to respond to  1,259        

any subpoena issued in the trial of the action.  The court, or     1,260        

the jury under the instructions of the court, if a jury is         1,261        

demanded, shall determine the right of the claimant to             1,262        

participate or to continue to participate in the fund upon the     1,263        

evidence adduced at the hearing of the action.                     1,264        

      (E)  The court shall certify its decision to the commission  1,266        

and the certificate shall be entered in the records of the court.  1,267        

Appeals from the judgment are governed by the law applicable to    1,268        

the appeal of civil actions.                                       1,269        

                                                          30     

                                                                 
      (F)  The cost of any legal proceedings authorized by this    1,271        

section, including an attorney's fee to the claimant's attorney    1,272        

to be fixed by the trial judge, based upon the effort expended,    1,273        

in the event the claimant's right to participate or to continue    1,274        

to participate in the fund is established upon the final           1,275        

determination of an appeal, shall be taxed against the employer    1,276        

or the commission if the commission or the administrator rather    1,277        

than the employer contested the right of the claimant to           1,278        

participate in the fund.  The attorney's fee shall not exceed      1,279        

twenty-five hundred dollars.                                       1,280        

      (G)  If the finding of the court or the verdict of the jury  1,282        

is in favor of the claimant's right to participate in the fund,    1,283        

the commission and the administrator shall thereafter proceed in   1,284        

the matter of the claim as if the judgment were the decision of    1,285        

the commission, subject to the power of modification provided by   1,286        

section 4123.52 of the Revised Code.                               1,287        

      (H)  An appeal from an order issued under division (E) of    1,289        

section 4123.511 of the Revised Code or any action filed in court  1,290        

in a case in which an award of compensation has been made shall    1,291        

not stay the payment of compensation under the award or payment    1,292        

of compensation for subsequent periods of total disability or      1,293        

impairment during the pendency of the appeal.  If, in a final      1,295        

administrative or judicial action, it is determined that payments  1,296        

of compensation or benefits, or both, made to or on behalf of a    1,297        

claimant should not have been made, the amount thereof shall be    1,298        

charged to the surplus fund under division (B) of section 4123.34  1,299        

of the Revised Code.  In the event the employer is a state risk,   1,300        

the amount shall not be charged to the employer's experience.  In  1,301        

the event the employer is a self-insuring employer, the            1,302        

self-insuring employer shall deduct the amount from the paid       1,303        

compensation he reports to the administrator under division (K)    1,304        

of section 4123.35 of the Revised Code.  All actions and           1,305        

proceedings under this section which are the subject of an appeal  1,306        

to the court of common pleas or the court of appeals shall be      1,307        

                                                          31     

                                                                 
preferred over all other civil actions except election causes,     1,308        

irrespective of position on the calendar.                          1,309        

      This section applies to all decisions of the commission or   1,311        

the administrator on November 2, 1959, and all claims filed        1,312        

thereafter are governed by sections 4123.511 and 4123.512 of the   1,313        

Revised Code.                                                      1,314        

      Any action pending in common pleas court or any other court  1,316        

on January 1, 1986, under this section is governed by former       1,317        

sections 4123.514, 4123.515, 4123.516, and 4123.519 and section    1,318        

4123.522 of the Revised Code.                                      1,319        

      Sec. 4123.57.  (A)(1)  Except as provided in division        1,328        

(A)(2) of this section, not earlier than forty weeks after the     1,330        

date of termination of the latest period of payments under         1,331        

section 4123.56 of the Revised Code, or not earlier than forty     1,332        

weeks after the date of the injury or the date of first diagnosis  1,333        

of an occupational disease by a licensed physician in the absence  1,334        

of payments under section 4123.56 of the Revised Code, an          1,335        

employee may file an application with the bureau of workers'       1,336        

compensation for the determination of the percentage of the        1,338        

employee's permanent partial impairment resulting from an injury   1,340        

or occupational disease.                                           1,341        

      (2)  An employee may file the application specified in       1,344        

division (A)(1) of this section without waiting forty weeks when   1,346        

either of the following occurs:                                                 

      (a)  The receipt of payments under division (A) of section   1,349        

4123.56 of the Revised Code is terminated by a hearing officer     1,351        

because the employee has reached maximum medical improvement.      1,353        

      (b)  The receipt of benefits under division (A) of section   1,356        

4123.56 of the Revised Code is terminated because the employee's   1,357        

attending physician certifies that the employee has reached        1,358        

maximum medical improvement.                                                    

      (3)  Whenever an application is filed under division (A)(1)  1,361        

or (2) of this section, the bureau shall send a copy of the        1,362        

application to the employee's employer or the employer's           1,363        

                                                          32     

                                                                 
representative and, except when the option provided in division    1,364        

(A)(7) of this section is chosen, shall schedule the employee for  1,365        

a medical examination by the bureau medical section.  The bureau   1,366        

shall send a copy of the report of the medical examination to the  1,367        

employee, the employer, and their representatives.  The report of  1,368        

the medical examination shall contain a statement of the           1,371        

examiner's finding on the employee's percentage of permanent       1,372        

partial impairment resulting from allowed conditions in the claim  1,373        

under the most recent edition of the American medical              1,374        

association's guides to the evaluation of permanent impairment.    1,375        

After receiving the report of the medical examination, the         1,376        

administrator of workers' compensation shall make a tentative      1,377        

order finding that the employee's percentage of permanent partial  1,379        

impairment is the same percentage shown by the report of the       1,380        

medical examination, unless the administrator determines that the  1,381        

report clearly is erroneous.  If the administrator determines      1,382        

that the report clearly is erroneous, the administrator shall                   

disregard the report, schedule the employee for another            1,384        

examination by the bureau medical section, and issue a tentative   1,385        

order that finds that the employee's percentage of permanent       1,386        

partial impairment is the same percentage shown by the second      1,387        

medical examination report.                                        1,388        

      (4)  The administrator shall notify the employee, the        1,390        

employer, and their representatives, in writing, of the tentative  1,391        

order and of the parties' right to request a hearing.  Within      1,393        

fourteen days after receipt of the tentative order, the employee,  1,394        

the employer, or their representatives, may file with the bureau   1,395        

an objection to the tentative order.  The opposing party must be   1,397        

served by the filing party with a copy of the objection to the     1,398        

tentative order not later than the day of filing.  Proper mailing  1,399        

of the objection to the tentative order to the opposing party      1,401        

constitutes service.  If an objection to the tentative order is    1,402        

not filed by a party by the deadline established by division       1,403        

(A)(4) of this section, the order becomes final.                   1,404        

                                                          33     

                                                                 
      (5)  If the employee, the employer, or their                 1,406        

representatives timely notify the administrator of an objection    1,407        

to the tentative order, either party, within fourteen days after   1,410        

the date of filing or of receipt of an objection, whichever is                  

later, may request another examination by the bureau medical       1,412        

section.  The party requesting that examination shall pay the      1,413        

cost of that examination.  Upon that request, the bureau shall     1,414        

schedule the employee for another medical examination by the       1,416        

bureau medical section.  All provisions of division (A)(3) of      1,417        

this section applicable to the first medical examination apply to  1,418        

a subsequent medical examination requested pursuant to division    1,419        

(A)(5) of this section.  The bureau shall send a copy of the       1,420        

report of the medical examination to the employee, the employer,   1,421        

and their representatives.                                                      

      Upon the filing of an objection to the tentative order or    1,423        

upon the completion of the medical examination requested pursuant  1,424        

to division (A)(5) of this section, whichever is later, the        1,427        

matter shall be referred to a district hearing officer who shall   1,428        

set the application for hearing with written notices to all        1,429        

interested persons.  At the hearing, the district hearing officer  1,430        

first shall make a finding as to whether any of the following has  1,431        

occurred:                                                          1,432        

      (a)  The bureau medical section based its report, at least   1,435        

in part, on conditions not allowed in the claim;                                

      (b)  The bureau medical section failed to consider all of    1,438        

the allowed conditions in the claim;                                            

      (c)  The bureau medical section's examiner was prejudiced    1,441        

against the employer or the employee;                                           

      (d)  The bureau medical section failed to properly apply     1,444        

the most recent edition of the American medical association's      1,445        

guides to the evaluation of permanent impairment in determining    1,446        

the employee's percentage of permanent impairment;                 1,447        

      (e)  The tentative order provides for the payment of         1,449        

compensation under a circumstance in which that compensation is    1,450        

                                                          34     

                                                                 
barred by this section or any other provision of law.              1,451        

      If the district hearing officer finds one of the situations  1,454        

described in division (A)(5)(a), (b), (c) or (d) of this section,  1,456        

the district hearing officer shall issue an order rejecting the    1,458        

report of the medical examination and requiring the bureau         1,459        

medical section to perform a new medical examination.  All         1,460        

provisions of this division applicable to the first medical        1,461        

examination and the determination of the percentage of permanent   1,462        

partial impairment apply to any subsequent medical examination     1,463        

that is ordered under this division.  If the district hearing      1,464        

officer finds the situation described in division (A)(5)(e) of     1,465        

this section, the district hearing officer shall issue an order    1,466        

denying the application.  If the district hearing officer finds    1,468        

none of the situations described in division (A)(5)(a), (b), (c),  1,469        

(d), or (e) of this section, the district hearing officer shall    1,471        

issue an order finding that the employee's percentage of           1,472        

permanent partial impairment is the same percentage shown by       1,473        

either the first or any subsequent bureau medical examination      1,474        

report.                                                                         

      (6)  An employee may file an application for a subsequent    1,477        

determination of the percentage of the employee's permanent        1,478        

impairment.  No application for subsequent percentage              1,480        

determinations on the same claim for injury or occupational                     

disease shall be accepted unless supported by substantial          1,481        

evidence of new and changed circumstances developing since the     1,482        

time of the last determination.  If an application is filed under  1,484        

division (A)(6) of this section, the bureau shall treat the        1,485        

application as though it was an original application for the       1,486        

determination of the percentage of permanent partial impairment,   1,487        

EXCEPT THAT THE BUREAU MAY REQUIRE EITHER A MEDICAL EXAMINATION    1,488        

OR A MEDICAL REVIEW OF THE EMPLOYEE.  In no instance shall the     1,490        

former award be modified unless it is found from medical or        1,491        

clinical findings that the condition of the employee resulting     1,492        

from the injury or occupational disease has so progressed as to    1,494        

                                                          35     

                                                                 
have increased the percentage of permanent partial impairment.     1,495        

All provisions of this division applicable to an original                       

application apply to an application for subsequent determination.  1,496        

The decision of a district hearing officer on an employee's        1,498        

application filed under division (A)(1), (2), and (6) of this      1,500        

section is final.                                                  1,501        

      (7)  Notwithstanding divisions (A)(3) through (6) of this    1,504        

section, the determination of an employee's percentage of          1,505        

permanent partial impairment shall be made in accordance with      1,506        

division (A)(7) of this section, upon the written agreement by an  1,508        

employee and employer to utilize the alternative method of         1,509        

determination provided in division (A)(7) of this section.         1,511        

Within seven days after receipt of the written agreement, the      1,512        

administrator shall assign a physician from the impairment         1,513        

evaluation panel within the bureau medical section to conduct a    1,514        

medical examination of the employee and send written notice to     1,515        

the employee and employer of that assignment.  The employee and    1,516        

employer each shall select a physician from the impairment         1,517        

evaluation panel who shall serve as consultants to the assigned    1,518        

physician if the employee or employer objects to the assigned      1,519        

physician's determination.                                                      

      Within twenty-one days after assignment, the assigned        1,521        

physician shall conduct a medical examination of the employee and  1,523        

provide to the administrator a report of the medical examination   1,524        

stating the employee's percentage of permanent partial impairment  1,525        

resulting from the allowed conditions in the claim under the most  1,526        

recent edition of the American medical association's guides to     1,528        

the evaluation of permanent impairment.  Immediately upon receipt  1,529        

of the report, the administrator shall send a copy of the report   1,530        

to the employee and employer.                                                   

      Within twenty-one days after receipt of the report, an       1,532        

employee or employer may send written notice to the administrator  1,534        

objecting to the report.  If a written notice of objection is not  1,535        

timely received, the assigned physician's determination of the     1,536        

                                                          36     

                                                                 
percentage of permanent partial impairment of an employee is       1,537        

final, notwithstanding section 4123.511 of the Revised Code.  If   1,539        

a written notice of objection is timely received, the              1,540        

administrator shall provide a copy of the assigned physician's     1,541        

report to the consulting physicians selected by the employee and   1,542        

employer, within seven days after receipt of the objection.        1,543        

      Within twenty-one days after receipt of the report, both     1,545        

consulting physicians shall confer with the assigned physician     1,546        

and jointly, on the basis of the opinion of a majority of the      1,547        

physicians, issue a final report stating the employee's            1,548        

percentage of permanent partial impairment resulting from the      1,549        

allowed conditions in the claim under the most recent edition of   1,550        

the American medical association's guides to the evaluation of     1,552        

permanent impairment.  Within fourteen days after receipt of the   1,553        

final report, the administrator shall send a copy of the final     1,554        

report to the employee and employer.  Notwithstanding section      1,555        

4123.511 of the Revised Code, the percentage of permanent partial  1,557        

impairment of an employee stated in the final report issued        1,558        

pursuant to division (A)(7) of this section is final.              1,560        

      (8)  Compensation payable under division (A) of this         1,563        

section accrues and is payable to the employee from the date of    1,564        

last payment of compensation, or, in cases where no previous       1,565        

compensation has been paid, from the date of the injury or, for    1,566        

occupational diseases, the date of disease.  The employee shall    1,568        

receive sixty-six and two-thirds per cent of the employee's        1,569        

average weekly wage, but not more than a maximum of thirty-three   1,570        

and one-third per cent of the statewide average weekly wage as     1,571        

defined in division (C) of section 4123.62 of the Revised Code,    1,573        

per week regardless of the average weekly wage for the number of   1,574        

weeks that equals the percentage of two hundred weeks.  If the     1,576        

percentage of the permanent impairment of the employee equals or   1,577        

exceeds ninety per cent, compensation for permanent partial                     

impairment shall be paid for two hundred weeks.  No award shall    1,578        

be made under division (A) of this section based upon a            1,579        

                                                          37     

                                                                 
percentage of impairment that, when taken with all other           1,580        

percentages of permanent impairment, exceeds one hundred per       1,581        

cent.  Notwithstanding division (H) of section 4123.511 of the     1,583        

Revised Code, the bureau or a self-insuring employer shall pay a   1,585        

permanent partial impairment award within twenty-one days after                 

the date on which an order fixing the employee's percentage of     1,587        

permanent partial impairment becomes final.                        1,588        

      As used in this division, "date of disease" means the date   1,591        

an occupational disease is first diagnosed by a licensed                        

physician, or for an occupational disease described in divisions   1,592        

(A) through (AA) of section 4123.68 of the Revised Code or other   1,596        

occupational disease that results from exposure to                 1,597        

fibrosis-producing or toxic dusts, fumes, mists, vapors, gases,    1,598        

or liquids, or other toxic materials, or a combination of those,   1,599        

the date that the employee first misses work as a result of the    1,600        

occupational disease.                                              1,601        

      (9)  When an award under division (A) of this section has    1,605        

been made prior to the death of an employee, all unpaid            1,606        

installments accrued or to accrue under the provisions of the      1,607        

award are payable to the surviving spouse, or if there is no       1,608        

surviving spouse, to the dependent children of the employee, and   1,609        

if there are no children surviving, then to other dependents as    1,610        

the administrator determines.                                      1,611        

      (B)  In cases included in the following schedule the         1,613        

compensation payable per week to the employee is the statewide     1,614        

average weekly wage as defined in division (C) of section 4123.62  1,615        

of the Revised Code per week and shall continue during the         1,616        

periods provided in the following schedule:                        1,617        

      For the loss of a thumb, sixty weeks.                        1,619        

      For the loss of a first finger, commonly called index        1,621        

finger, thirty-five weeks.                                         1,622        

      For the loss of a second finger, thirty weeks.               1,624        

      For the loss of a third finger, twenty weeks.                1,626        

      For the loss of a fourth finger, commonly known as the       1,628        

                                                          38     

                                                                 
little finger, fifteen weeks.                                      1,629        

      The loss of a second, or distal, phalange of the thumb is    1,631        

considered equal to the loss of one half of such thumb; the loss   1,632        

of more than one half of such thumb is considered equal to the     1,633        

loss of the whole thumb.                                           1,634        

      The loss of the third, or distal, phalange of any finger is  1,636        

considered equal to the loss of one-third of the finger.           1,637        

      The loss of the middle, or second, phalange of any finger    1,639        

is considered equal to the loss of two-thirds of the finger.       1,640        

      The loss of more than the middle and distal phalanges of     1,642        

any finger is considered equal to the loss of the whole finger.    1,643        

In no case shall the amount received for more than one finger      1,644        

exceed the amount provided in this schedule for the loss of a      1,645        

hand.                                                              1,646        

      For the loss of the metacarpal bone (bones of the palm) for  1,648        

the corresponding thumb, or fingers, add ten weeks to the number   1,649        

of weeks under this division.                                      1,650        

      For ankylosis (total stiffness of) or contractures (due to   1,652        

scars or injuries) which makes any of the fingers, thumbs, or      1,653        

parts of either useless, the same number of weeks apply to the     1,654        

members or parts thereof as given for the loss thereof.            1,655        

      If the claimant has suffered the loss of two or more         1,657        

fingers by amputation or ankylosis and the nature of the           1,658        

claimant's employment in the course of which the claimant was      1,660        

working at the time of the injury or occupational disease is such  1,661        

that the handicap or impairment resulting from the loss of         1,662        

fingers, or loss of use of fingers, exceeds the normal handicap    1,664        

or impairment resulting from the loss of fingers, or loss of use   1,666        

of fingers, the administrator may take that fact into              1,667        

consideration and increase the award of compensation accordingly,  1,668        

but the award made shall not exceed the amount of compensation     1,669        

for loss of a hand.                                                1,670        

      For the loss of a hand, one hundred seventy-five weeks.      1,672        

      For the loss of an arm, two hundred twenty-five weeks.       1,674        

                                                          39     

                                                                 
      For the loss of a great toe, thirty weeks.                   1,676        

      For the loss of one of the toes other than the great toe,    1,678        

ten weeks.                                                         1,679        

      The loss of more than two-thirds of any toe is considered    1,681        

equal to the loss of the whole toe.                                1,682        

      The loss of less than two-thirds of any toe is considered    1,684        

no loss, except as to the great toe; the loss of the great toe up  1,685        

to the interphalangeal joint is co-equal to the loss of one-half   1,686        

of the great toe; the loss of the great toe beyond the             1,687        

interphalangeal joint is considered equal to the loss of the       1,688        

whole great toe.                                                   1,689        

      For the loss of a foot, one hundred fifty weeks.             1,691        

      For the loss of a leg, two hundred weeks.                    1,693        

      For the loss of the sight of an eye, one hundred             1,695        

twenty-five weeks.                                                 1,696        

      For the permanent partial loss of sight of an eye, the       1,698        

portion of one hundred twenty-five weeks as the administrator in   1,699        

each case determines, based upon the percentage of vision          1,700        

actually lost as a result of the injury or occupational disease,   1,701        

but, in no case shall an award of compensation be made for less    1,702        

than twenty-five per cent loss of uncorrected vision.  "Loss of    1,703        

uncorrected vision" means the percentage of vision actually lost   1,704        

as the result of the injury or occupational disease.               1,705        

      For the permanent and total loss of hearing of one ear,      1,707        

twenty-five weeks; but in no case shall an award of compensation   1,708        

be made for less than permanent and total loss of hearing of one   1,709        

ear.                                                               1,710        

      For the permanent and total loss of hearing, one hundred     1,712        

twenty-five weeks; but, except pursuant to the next preceding      1,713        

paragraph, in no case shall an award of compensation be made for   1,714        

less than permanent and total loss of hearing.                     1,715        

      In case an injury or occupational disease results in         1,717        

serious facial or head disfigurement which either impairs or may   1,718        

in the future impair the opportunities to secure or retain         1,719        

                                                          40     

                                                                 
employment, the administrator shall make an award of compensation  1,720        

as the administrator deems proper and equitable, in view of the    1,722        

nature of the disfigurement, and not to exceed the sum of five     1,723        

thousand dollars.  For the purpose of making the award, it is not  1,724        

material whether the employee is gainfully employed in any         1,725        

occupation or trade at the time of the administrator's             1,726        

determination.                                                                  

      When an award under this division has been made prior to     1,728        

the death of an employee all unpaid installments accrued or to     1,729        

accrue under the provisions of the award shall be payable to the   1,730        

surviving spouse, or if there is no surviving spouse, to the       1,731        

dependent children of the employee and if there are no such        1,732        

children, then to such dependents as the administrator             1,733        

determines.                                                        1,734        

      When an employee has sustained the loss of a member by       1,736        

severance, but no award has been made on account thereof prior to  1,737        

the employee's death, the administrator shall make an award in     1,739        

accordance with this division for the loss which shall be payable  1,740        

to the surviving spouse, or if there is no surviving spouse, to    1,741        

the dependent children of the employee and if there are no such    1,742        

children, then to such dependents as the administrator             1,743        

determines.                                                        1,744        

      (C)  Compensation for partial impairment under divisions     1,747        

(A) and (B) of this section is in addition to the compensation     1,748        

paid the employee pursuant to section 4123.56 of the Revised       1,749        

Code.  A claimant may receive compensation under divisions (A)     1,750        

and (B) of this section.  No employee may receive compensation     1,752        

under division (A) of this section or receive a medical            1,753        

examination provided for by this section during the time in which  1,754        

that employee is receiving compensation under section 4123.58 of   1,756        

the Revised Code in any claim or is receiving compensation under   1,758        

section 4123.56 of the Revised Code on the same claim in which     1,759        

the employee is seeking compensation under this section.  The      1,760        

employee shall list on the application specified in divisions      1,761        

                                                          41     

                                                                 
(A)(1) and (2) of this section the claim numbers of all other      1,762        

claims for which the employee is a claimant.                       1,763        

      In all cases arising under division (B) of this section, if  1,765        

it is determined by any one of the following:  (1) the amputee     1,766        

clinic at University hospital, Ohio state university; (2) the      1,767        

rehabilitation services commission; (3) an amputee clinic or       1,768        

prescribing physician approved by the administrator or the         1,769        

administrator's designee, that an injured or impaired employee is  1,771        

in need of an artificial appliance, or in need of a repair         1,773        

thereof, regardless of whether the appliance or its repair will    1,774        

be serviceable in the vocational rehabilitation of the injured     1,775        

employee, and regardless of whether the employee has returned to   1,776        

or can ever again return to any gainful employment, the bureau     1,777        

shall pay the cost of the artificial appliance or its repair out   1,778        

of the surplus created by division (B) of section 4123.34 of the   1,779        

Revised Code.                                                                   

      In those cases where a rehabilitation services commission    1,781        

recommendation that an injured or impaired employee is in need of  1,783        

an artificial appliance would conflict with their state plan,      1,784        

adopted pursuant to the "Rehabilitation Act of 1973," 87 Stat.     1,785        

355, 29 U.S.C.A. 701, the administrator or the administrator's     1,787        

designee or the bureau may obtain a recommendation from an         1,788        

amputee clinic or prescribing physician that they determine        1,789        

appropriate.                                                                    

      (D)  If an employee makes application for a finding and is   1,792        

found to have contracted silicosis as defined in division (X), or  1,793        

coal miners' pneumoconiosis as defined in division (Y), or         1,794        

asbestosis as defined in division (AA) of section 4123.68 of the   1,795        

Revised Code, and it is found that a change of such employee's     1,796        

occupation is medically advisable in order to decrease             1,798        

substantially further exposure to silica dust, asbestos, or coal   1,799        

dust and if the employee, after the finding, has changed or shall  1,800        

change the employee's occupation to an occupation in which the     1,802        

exposure to silica dust, asbestos, or coal dust is substantially   1,803        

                                                          42     

                                                                 
decreased, the employee shall receive an amount equal to fifty     1,804        

per cent of the statewide average weekly wage per week for a       1,806        

period of thirty weeks, commencing as of the date of the           1,807        

discontinuance or change, and for a period of one hundred weeks    1,808        

immediately following the expiration of the period of thirty       1,809        

weeks, the employee shall receive sixty-six and two-thirds per     1,811        

cent of the loss of wages resulting directly and solely from the   1,812        

change of occupation but not to exceed a maximum of an amount      1,813        

equal to fifty per cent of the statewide average weekly wage per   1,814        

week.  No such employee is entitled to receive more than one       1,815        

allowance on account of discontinuance of employment or change of  1,816        

occupation and benefits shall cease for any period during which    1,817        

the employee is employed in an occupation in which the exposure    1,818        

to silica dust, asbestos, or coal dust is not substantially less   1,819        

than the exposure in the occupation in which the employee was      1,820        

formerly employed or for any period during which the employee may  1,822        

be entitled to receive compensation or benefits under section      1,823        

4123.68 of the Revised Code on account of disability from          1,824        

silicosis, asbestosis, or coal miners' pneumoconiosis.  An award   1,825        

for change of occupation for a coal miner who has contracted coal  1,826        

miners' pneumoconiosis may be granted under this division even     1,827        

though the coal miner continues employment with the same           1,829        

employer, so long as the coal miner's employment subsequent to     1,831        

the change is such that the coal miner's exposure to coal dust is  1,833        

substantially decreased and a change of occupation is certified    1,834        

by the claimant as permanent.  Medical and other benefits shall    1,835        

be paid to the employee in accordance with section 4123.66 of the  1,837        

Revised Code.                                                                   

      (E)  If a firefighter or police officer makes application    1,840        

for a finding and the administrator finds that the firefighter or  1,841        

police officer has contracted a cardiovascular and pulmonary       1,843        

disease as defined in division (W) of section 4123.68 of the       1,844        

Revised Code, and that a change of the firefighter's or police     1,845        

officer's occupation is medically advisable in order to decrease   1,847        

                                                          43     

                                                                 
substantially further exposure to smoke, toxic gases, chemical     1,848        

fumes, and other toxic vapors, and if the firefighter, or police   1,849        

officer, after the finding, has changed or changes occupation to   1,851        

an occupation in which the exposure to smoke, toxic gases,         1,852        

chemical fumes, and other toxic vapors is substantially            1,853        

decreased, the administrator shall allow to the firefighter or     1,854        

police officer an amount equal to fifty per cent of the statewide  1,856        

average weekly wage per week for a period of thirty weeks,         1,857        

commencing as of the date of the discontinuance or change, and     1,858        

for a period of seventy-five weeks immediately following the       1,859        

expiration of the period of thirty weeks the administrator shall   1,860        

allow the firefighter or police officer sixty-six and two-thirds   1,862        

per cent of the loss of wages resulting directly and solely from   1,863        

the change of occupation but not to exceed a maximum of an amount  1,864        

equal to fifty per cent of the statewide average weekly wage per   1,865        

week.  No such firefighter or police officer is entitled to        1,867        

receive more than one allowance on account of discontinuance of    1,868        

employment or change of occupation and benefits shall cease for    1,869        

any period during which the firefighter or police officer is       1,870        

employed in an occupation in which the exposure to smoke, toxic    1,872        

gases, chemical fumes, and other toxic vapors is not               1,873        

substantially less than the exposure in the occupation in which    1,874        

the firefighter or police officer was formerly employed or for     1,875        

any period during which the firefighter or police officer may be   1,877        

entitled to receive compensation or benefits under section         1,878        

4123.68 of the Revised Code on account of disability from a        1,879        

cardiovascular and pulmonary disease.  The administrator may       1,880        

accord to the firefighter or police officer medical and other      1,882        

benefits in accordance with section 4123.66 of the Revised Code.   1,883        

      (F)  An order issued under division (B), (D), or (E) of      1,886        

this section is appealable pursuant to section 4123.511 of the     1,887        

Revised Code but is not appealable to court under section          1,888        

4123.512 of the Revised Code.                                                   

      Section 2.  That existing sections 121.03, 2317.45,          1,890        

                                                          44     

                                                                 
4121.12, 4121.121, 4121.125, 4123.511, 4123.512, and 4123.57 of    1,891        

the Revised Code are hereby repealed.                              1,892        

      Section 3.  The Administrator of Workers' Compensation       1,894        

shall submit a series of reports to the Workers' Compensation      1,895        

Oversight Commission, the Office of Budget and Management, the     1,896        

Legislative Budget Office of the Legislative Service Commission,   1,897        

and the General Assembly semiannually during the 1997-1999         1,899        

biennium, beginning on or before October 1, 1997, containing                    

information relative to all of the following:                      1,901        

      (A)  The premium cost per worker, which reports the average  1,903        

annual cost a state fund employer pays to provide workers'         1,904        

compensation coverage for its employees.  The premium cost per     1,905        

worker is calculated by adding together an employer's total        1,906        

amounts of premiums and assessments paid during a calendar year    1,907        

and dividing that sum by the employer's average number of          1,908        

workers.                                                           1,909        

      (B)  The claims cost per worker, which reports the average   1,911        

annual benefit cost paid for each worker who is employed by a      1,912        

state fund employer during the preceding twelve months.  The       1,913        

claims cost per worker is calculated by dividing an employer's     1,914        

total claim expenses paid during the preceding twelve months by    1,915        

the employer's average number of workers.                          1,916        

      (C)  The administrative cost per claim, which reports the    1,918        

average annual administrative expense a state fund employer pays   1,919        

to process a claim.  The administrative cost per claim is          1,920        

calculated by dividing an employer's total amount of               1,921        

administrative expenses incurred during the preceding twelve       1,922        

months by the total number of claims the employer processed.       1,923        

      (D)  The direct loss ratio, which measures the relationship  1,925        

between an employer's revenues and workers' compensation benefits  1,927        

paid to an injured worker during the preceding twelve months;      1,928        

      (E)  The rate of return generated by investments of the      1,930        

Bureau of Workers' Compensation;                                   1,931        

      (F)  The customer service index, which accounts for various  1,933        

                                                          45     

                                                                 
statistical measures reflecting the Bureau's customer service      1,934        

levels;                                                            1,935        

      (G)  The Health Partnership Program performance index,       1,937        

which measures the effectiveness of managed care organizations     1,938        

working for the Bureau and reflects the quality of care, customer  1,939        

satisfaction, and cost of care provided by the managed care        1,940        

organizations;                                                     1,941        

      (H)  The rate of injury in the state per 1,000 workers;      1,943        

      (I)  The average number of days the Bureau takes to          1,945        

adjudicate an injured worker's medical bill fee;                   1,946        

      (J)  The return-to-work rate of state fund employers'        1,948        

injured workers who do not receive workers' compensation benefits  1,949        

for at least ninety days following their injury, which reports     1,950        

the number of injured workers who returned to work as a            1,951        

percentage of total injuries;                                      1,952        

      (K)  The average number of days it takes for an employer or  1,954        

injured worker to report an injury to the Bureau, which is         1,955        

calculated by taking the average number of days between the date   1,956        

of injury and the date the claim was filed with the Bureau;        1,957        

      (L)  The percentage of indemnity claims adjudicated by the   1,959        

Bureau within fourteen days of the injury.                         1,960        

      Section 4.  All items in this section are hereby             1,962        

appropriated out of any moneys in the state treasury to the        1,963        

credit of the designated fund.  For all appropriations made in     1,964        

this act, those in the first column are for fiscal year 1998, and  1,965        

those in the second column are for fiscal year 1999.                            

              BWC  BUREAU OF WORKERS' COMPENSATION                 1,966        

FND ALI     ALI TITLE                    FY 1998        FY 1999    1,969        

Workers' Compensation Fund Group                                   1,971        

023 855-401 William Green Lease                                    1,974        

            Payments to OBA       $   14,665,000 $   15,465,000    1,976        

4Y6 855-611 J.L. Camera Center                                     1,978        

            Rent                  $    1,592,800 $    1,681,997    1,980        

4Y6 855-612 J.L. Camera Center                                     1,982        

                                                          46     

                                                                 
            Operating             $    7,381,302 $    7,345,026    1,984        

023 855-407 Claims, Risk &                                         1,986        

            Medical Management    $  129,400,786 $  123,784,337    1,988        

023 855-408 Fraud Prevention      $    8,200,705 $    8,111,383    1,992        

023 855-409 Administrative                                         1,994        

            Services              $  111,629,196 $  114,654,976    1,996        

023 855-410 Attorney General                                       1,998        

            Payments              $    3,017,914 $    3,227,422    2,000        

825 855-605 DWRF                  $      635,629 $      651,961    2,004        

822 855-606 Coal Workers' Fund    $       73,684 $       75,545    2,008        

823 855-608 Marine Industry       $       42,536 $       43,599    2,012        

826 855-609 Safety & Hygiene      $   17,981,552 $   17,991,764    2,016        

TOTAL WCF Workers' Compensation                                    2,017        

   Fund Group                     $  294,621,104 $  293,033,010    2,020        

TOTAL ALL BUDGET FUND GROUPS      $  294,621,104 $  293,033,010    2,023        

      Safety and Hygiene                                           2,026        

      Notwithstanding section 4121.37 of the Revised Code, the     2,028        

Administrator of the Bureau of Workers' Compensation shall         2,029        

transfer monies from the State Insurance Fund so that              2,030        

appropriation line item 855-609, Safety and Hygiene, is provided                

$17,981,552 in fiscal year 1998 and $17,991,764 in fiscal year     2,031        

1999.                                                                           

      Workers' Compensation Fraud Unit                             2,033        

      The Workers' Compensation Section Fund (Fund 195) shall      2,035        

receive payments from the Bureau of Workers' Compensation at the   2,036        

beginning of each quarter of each fiscal year to fund expenses of  2,037        

the Workers' Compensation Fraud Unit of the Attorney General's     2,038        

Office.  Of the foregoing appropriation item 855-410, Attorney     2,039        

General Payments, $659,151 in fiscal year 1998 and $676,002 in                  

fiscal year 1999 shall be used to provide such payments.           2,040        

      William Green Lease Payments                                 2,042        

      The foregoing appropriation item 855-401, William Green      2,044        

Lease Payments to OBA, shall be used for lease payments to the     2,045        

Ohio Building Authority, and these appropriations shall be used    2,046        

                                                          47     

                                                                 
to meet all payments at the times they are required to be made     2,047        

during the period from July 1, 1997, to June 30, 1999, by the      2,048        

Bureau of Workers' Compensation to the Ohio Building Authority                  

pursuant to leases and agreements made under Chapter 152. of the   2,049        

Revised Code and Section 6 of Am. Sub. H.B. 743 of the 118th       2,050        

General Assembly.  Of the amounts received in Fund 023,            2,051        

appropriation line item 855-401, up to $30,130,000 shall be                     

restricted for lease rental payments to the Ohio Building          2,052        

Authority.  If it is determined that additional appropriations     2,053        

are necessary for such purpose, such amounts are hereby            2,054        

appropriated.                                                                   

      Notwithstanding any other provision of law to the contrary,  2,056        

all tenants of the William Green Building not funded by the        2,057        

Workers' Compensation Fund (Fund 023) shall pay their fair share   2,058        

of the costs of lease payments to the Workers' Compensation Fund   2,059        

(Fund 023) by intrastate transfer voucher.                                      

      Camera Center                                                2,061        

      The Camera Center Fund (Fund 4Y6) created in division (F)    2,063        

of section 4121.62 of the Revised Code shall receive revenues      2,064        

raised by the fees Camera Center charges for its services and      2,065        

rent paid by tenants of the Center's facilities.  The foregoing    2,066        

appropriation item 855-611, J.L. Camera Center Rent, shall be                   

used to pay rent, including building operating expenses, of the    2,067        

J. Leonard Camera Rehabilitation Center in Columbus.  The          2,068        

foregoing appropriation item 855-612, J.L. Camera Center           2,069        

Operating, shall be used for all other expenses for the Center.    2,070        

      The Bureau of Workers' Compensation shall not consider       2,072        

appropriations made to the Camera Center Fund (Fund 4Y6) when      2,073        

establishing administrative cost rates.                                         

      Balances                                                     2,075        

      Notwithstanding any provision of law to the contrary, the    2,077        

Director of Budget and Management shall make any transfers of      2,078        

cash balances between funds made necessary by the creation of new  2,079        

funds, or the consolidation of funds as authorized by the General  2,080        

                                                          48     

                                                                 
Assembly.  Within the first five days after the effective date of  2,081        

this section, the administering agency head shall certify to the   2,082        

Director an estimate of the amount of the cash balance to be                    

transferred to the receiving fund.  The Director may transfer the  2,083        

estimated amount when needed to make payments.  Within thirty      2,084        

days after the effective date of this section, the administering   2,085        

agency head shall certify the final amount to the Director.  The   2,086        

Director shall transfer the difference between any estimated                    

amount previously transferred and such certified final amount.     2,087        

      To implement such funding changes as described above         2,089        

pertaining to prior year encumbrance balances and commensurate     2,090        

appropriation authority, in fiscal year 1998 the Director of       2,091        

Budget and Management may cancel encumbrances outstanding on June  2,092        

30, 1997, and reestablish such prior year encumbrances or parts    2,093        

of encumbrances as needed in fiscal year 1998 in the appropriate                

fund or appropriation line item as authorized in this act for the  2,094        

same purpose and to the same vendor.  As determined by the         2,095        

Director, the appropriation authority necessary to reestablish     2,096        

such prior year encumbrances in fiscal year 1998 in a different    2,097        

fund or appropriation line item within an agency or between                     

agencies is hereby authorized.  The Director shall reduce each     2,098        

prior year's appropriation authority by the amount of the          2,099        

encumbrances canceled in their respective funds and appropriation  2,100        

line items.                                                                     

      Vocational Rehabilitation                                    2,102        

      The Bureau of Workers' Compensation and the Rehabilitation   2,104        

Services Commission shall enter into an interagency agreement for  2,105        

the provision of vocational rehabilitation services and staff to   2,106        

mutually eligible clients.  The Bureau shall provide $519,608 in   2,107        

fiscal year 1998 and $534,157 in fiscal year 1999 from the State   2,108        

Insurance Fund to fund vocational rehabilitation services and      2,109        

staff in accordance with the interagency agreement.                2,110        

      Fund Balance                                                 2,112        

      Any unencumbered cash balance in excess of $45,000,000 in    2,114        

                                                          49     

                                                                 
the Workers' Compensation Fund (Fund 023) on the thirtieth day of  2,115        

June of each fiscal year shall be used to reduce the               2,116        

administrative cost rate charged to employers to cover             2,117        

appropriations for Bureau of Workers' Compensation and Industrial  2,118        

Commission operations.                                             2,119        

      Section 5.  Accounting                                       2,121        

      Within the limits set forth in this act, the Director of     2,124        

Budget and Management shall establish accounts indicating the      2,125        

source and amount of funds for each appropriation made in this                  

act, and shall determine the form and manner in which              2,126        

appropriation accounts shall be maintained.                        2,127        

      The appropriations made in this act are subject to all       2,129        

provisions of the main operating appropriations act of the 122nd   2,130        

General Assembly that are generally applicable to such             2,131        

appropriations.                                                                 

      Section 6.  Reissuance of Voided Warrants                    2,133        

      In order to provide funds for the reissuance of voided       2,135        

warrants pursuant to section 117.47 of the Revised Code, there is  2,136        

hereby appropriated, out of moneys in the state treasury from the  2,137        

fund credited as provided in section 117.47 of the Revised Code,   2,138        

that amount sufficient to pay such warrants when approved by the   2,139        

Office of Budget and Management.                                   2,140        

      Section 7.  Judgments Against State                          2,142        

      Any appropriations contained in this act, except those to    2,144        

be applied to or used for payment of guarantees by or on behalf    2,145        

of the state or for debt service on bonds, notes, or certificates  2,146        

of participation, may be used pursuant to section 2743.15,         2,147        

2743.19, or 2743.191 of the Revised Code for the purpose of        2,148        

satisfying judgments, settlements, or administrative awards        2,149        

ordered or approved by the Court of Claims in connection with      2,150        

civil actions against the state.                                   2,151        

      Section 8.  Reappropriation of Unexpended Balances           2,153        

      Notwithstanding section 131.33 of the Revised Code,          2,155        

unexpended balances of appropriations and reappropriations         2,156        

                                                          50     

                                                                 
against which encumbrances have been lawfully incurred by a state  2,157        

agency are, at the close of fiscal year 1997, to the extent of     2,158        

such encumbrances, hereby reappropriated from the funds from       2,159        

which they were originally appropriated and reappropriated and,    2,160        

except for encumbrances for items of special order manufacture     2,161        

not available on term contract or open market, made available for  2,162        

the purpose of discharging such encumbrances for a period of five  2,163        

months from the end of the fiscal year.  Unexpended balances of    2,164        

appropriations and reappropriations against which encumbrances     2,165        

for items of special order manufacture not available on term       2,166        

contract or in the open market have been lawfully incurred are,    2,167        

at the close of the fiscal year, to the extent of such             2,168        

encumbrances, hereby reappropriated and made available for the                  

purpose of discharging such encumbrances for a period of five      2,169        

months from the end of the fiscal year or, if the Director of      2,170        

Budget and Management approves, for a period of not more than      2,171        

twelve months from the end of the fiscal year.                     2,172        

      Any items for which unexpended balances are reappropriated   2,174        

beyond a five-month period from the end of the fiscal year shall   2,175        

be reported to the Controlling Board by the Director of Budget     2,176        

and Management.  The report on each such item shall include the    2,177        

item, the cost of the item, the vendor involved, and the delivery  2,178        

date.  Such reports to the board shall be updated on a quarterly   2,179        

basis while the encumbrance remains open.                          2,180        

      After any such period, reappropriations made for the         2,182        

purpose of discharging encumbrances for operating expenses,        2,183        

defined as those encumbrances incurred for personal services,      2,184        

maintenance, and equipment, are canceled.  Reappropriations for    2,185        

encumbrances other than operating expenses or items of special     2,186        

manufacture not available on term contract or in the open market   2,187        

may be extended by obtaining the approval of the Director of       2,188        

Budget and Management.                                                          

      Section 9.  The administrator of the Bureau of Workers'      2,190        

Compensation shall conduct a cost analysis study of all doctors    2,191        

                                                          51     

                                                                 
under contract or subcontract to the Bureau of Workers'            2,192        

Compensation during the 1995-1997 biennium.  The cost analysis     2,193        

study excludes those doctors involved with the Health Partnership               

Program and excludes those doctors with the Qualified Health       2,194        

Plan.  The administrator shall report the findings of this study   2,195        

to the Speaker of the House of Representatives, the Minority       2,196        

Leader of the House of Representatives, the President of the       2,197        

Senate, and the Minority Leader of the Senate by July 1, 1998.     2,198        

      Section 10.  If any item of law that constitutes the whole   2,200        

or part of a codified or uncodified section of law contained in    2,201        

this act, or if any application of any item of law that            2,202        

constitutes the whole or part of a codified or uncodified section  2,204        

of law contained in this act, is held invalid, the invalidity      2,205        

does not affect other items of law or applications of items of     2,206        

law that can be given effect without the invalid item of law or    2,207        

application.  To this end, the items of law of which the codified  2,208        

and uncodified sections contained in this act are composed, and    2,209        

their applications, are independent and severable.                              

      Section 11.  Except as otherwise specifically provided in    2,211        

this act, the codified and uncodified sections of law contained    2,212        

in this act, and the items of law of which the codified and        2,213        

uncodified sections of law contained in this act are composed,     2,214        

are not subject to the referendum.  Therefore, under Ohio          2,215        

Constitution, Article II, Section 1d and section 1.471 of the      2,216        

Revised Code, the codified and uncodified sections of law          2,217        

contained in this act, and the items of law of which the codified  2,219        

and uncodified sections of law contained in this act are           2,220        

composed, except as otherwise specifically provided in this act,   2,221        

go into immediate effect when this act becomes law.                             

      Section 12.  Sections 121.03, 2317.45, 4121.12, 4121.121,    2,223        

4121.125, 4123.511, and 4123.512 of the Revised Code, as amended   2,224        

or enacted by this act, and Section 13 of this act; and the items  2,225        

of law of which such sections, as amended or enacted by this act,  2,226        

are composed, are subject to the referendum.  Therefore, under     2,227        

                                                          52     

                                                                 
Ohio Constitution, Article II, Section 1c and section 1.471 of     2,228        

the Revised Code, such sections as amended or enacted by this      2,229        

act, and the items of law of which such sections as amended or     2,230        

enacted by this act are composed, take effect on the ninety-first  2,232        

day after this act is filed with the Secretary of State.  If,      2,233        

however, a referendum petition is filed against any such section   2,234        

as amended or enacted by this act, or against any item of law of   2,235        

which any such section as amended or enacted by this act is        2,236        

composed, the section as amended or enacted, or item of law,       2,237        

unless rejected at the referendum, takes effect at the earliest    2,238        

time permitted by law.                                                          

      Section 13.  Sections 4121.121, 4123.512, and 4123.57 of     2,241        

the Revised Code are amended by this act and also by Am. Sub.      2,242        

S.B. 45 of the 122nd General Assembly, effective July 22, 1997.    2,243        

The amendments of Am. Sub. S.B. 45 are included in this act to     2,244        

confirm the intention to retain them, but are not intended to be   2,245        

effective until July 22, 1997.                                     2,246        

      Section 14.  Section 121.03 of the Revised Code is           2,248        

presented in this act as a composite of the section as amended by  2,249        

both Am. Sub. H.B. 7 and Am. Sub. S.B. 162 of the 121st General    2,250        

Assembly, with the new language of neither of the acts shown in    2,252        

capital letters.  This is in recognition of the principle stated   2,253        

in division (B) of section 1.52 of the Revised Code that such      2,254        

amendments are to be harmonized where not substantively            2,255        

irreconcilable and constitutes a legislative finding that such is  2,256        

the resulting version in effect prior to the effective date of     2,257        

this act.