As Reported by the Senate Insurance, 1
Commerce and Labor Committee 2
122nd General Assembly 5
Regular Session Sub. H. B. No. 363 6
1997-1998 7
REPRESENTATIVES THOMPSON-JOHNSON-AMSTUTZ-O'BRIEN-CORE-CATES- 8
VESPER-CORBIN-GARCIA-BRADING 9
11
A B I L L
To amend sections 2317.45, 4121.12, 4121.121, 13
4121.125, 4123.34, 4123.511, 4123.512, and 14
4123.57 of the Revised Code and to amend Sections
3 and 6 of Am. Sub. S.B. 45 of the 122nd General 15
Assembly to make appropriations for the Bureau of 17
Workers' Compensation for the biennium beginning
July 1, 1997, and ending June 30, 1999, and to 19
provide authorization and conditions for the
operation of Bureau of Workers' Compensation 20
programs. 21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That sections 2317.45, 4121.12, 4121.121, 24
4121.125, 4123.34, 4123.511, 4123.512, and 4123.57 of the Revised 25
Code be amended to read as follows: 26
Sec. 2317.45. (A) As used in this section: 35
(1) "Collateral benefits" means benefits that are paid by 37
any source, including workers' compensation benefits, to or on 39
behalf of the plaintiff as a result of an injury or loss to
person or property, regardless of whether there is an obligation 40
to pay back the money or other benefits, in whole or in part, 41
upon recovery in a tort action. "Collateral benefits" does not 42
include life insurance proceeds.
(2) "Tort action" means a civil action for damages for 45
injury, death, or loss to person or property. "Tort action" 46
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includes a product liability claim but does not include a civil 47
action for damages for a breach of contract or another agreement 48
between persons.
(3) "Trier of fact" means the jury or, in a nonjury 50
action, the court.
(B) In determining the amount of the compensatory damages 53
that are recoverable by the plaintiff in a tort action, the trier 55
of fact shall consider, if presented in the tort action, relevant
collateral benefits that have been paid, or that the source of 56
the benefits has acknowledged are payable, from insurance other 57
than insurance for which the plaintiff, spouse of the plaintiff, 58
or parent of the plaintiff if the plaintiff is a minor, has paid 59
a premium, insurance that is subject to a right of subrogation, 60
WORKERS' COMPENSATION BENEFITS THAT ARE SUBJECT TO A RIGHT OF 61
SUBROGATION, or insurance that has any other obligation of 63
repayment, including, but not limited to, evidence of the amount 64
of the collateral benefit and of the costs, premiums, or charges
for the collateral benefits. 65
(C) This section does not apply as follows: 67
(1) In tort actions against the state in the court of 69
claims. Division (D) of section 2743.02 or division (B)(2) of 71
section 3345.40 of the Revised Code applies to collateral 72
recoveries or sources of plaintiffs in those tort actions.
(2) In tort actions against political subdivisions of this 74
state that are commenced under or are subject to Chapter 2744. of 75
the Revised Code. Division (B) of section 2744.05 of the Revised 77
Code applies to collateral sources of plaintiffs in those tort
actions. 78
(D) This section shall be considered to be purely remedial 80
in operation and shall be applied in a remedial manner in any 81
civil action commenced on or after the effective date of the 82
amendment to this section JANUARY 27, 1997, in which this section 83
is relevant, regardless of when the cause of action accrued and 84
notwithstanding any other section of the Revised Code or prior 85
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rule of law of this state, but shall not be construed to apply to 86
any civil action pending prior to the effective date of the 87
amendment to this section JANUARY 27, 1997. 88
Sec. 4121.12. (A) There is hereby created the workers' 98
compensation oversight commission consisting of nine members, of 99
which members the governor shall appoint five with the advice and 100
consent of the senate. Of the five members the governor 102
appoints, two shall be individuals who, on account of their 104
previous vocation, employment, or affiliations, can be classed as 106
representative of employees, at least one of whom is
representative of employees who are members of an employee 108
organization; two shall be individuals who, on account of their 110
previous vocation, employment, or affiliations, can be classed as 112
representative of employers, one of whom represents self-insuring 113
employers and one of whom has experience as an employer in 114
compliance with section 4123.35 of the Revised Code other than a 116
self-insuring employer, and one of those two representatives also
shall represent employers whose employees are not members of an 117
employee organization; and one shall represent the public and 118
also be an individual who, on account of the individual's 119
previous vocation, employment, or affiliations, cannot be classed 120
as either predominantly representative of employees or of 121
employers. The governor shall select the chairperson of the 122
commission who shall serve as chairperson at the pleasure of the 123
governor. No more than three members appointed by the governor 126
shall belong to or be affiliated with the same political party. 127
Each of these five members shall have at least three years' 129
experience in the field of insurance, finance, workers' 130
compensation, law, accounting, actuarial, personnel, investments, 131
or data processing, or in the management of an organization whose 132
size is commensurate with that of the bureau of workers' 133
compensation. At least one of these five members shall be an 134
attorney licensed under Chapter 4705. of the Revised Code to 135
practice law in this state. 136
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(B) Of the initial appointments made to the commission, 139
the governor shall appoint one member who represents employees to 140
a term ending one year after September 1, 1995, one member who 141
represents employers to a term ending two years after the 143
effective date of this section, the member who represents the 144
public to a term ending three years after September 1, 1995, one 147
member who represents employees to a term ending four years after 148
September 1, 1995, and one member who represents employers to a 150
term ending five years after September 1, 1995. Thereafter, 152
terms of office shall be for five years, with each term ending on 153
the same day of the same month as did the term that it succeeds. 155
Each member shall hold office from the date of his appointment 156
until the end of the term for which the member was appointed. 157
The governor shall not appoint any person to more than two 159
full terms of office on the commission. This restriction does 160
not prevent the governor from appointing a person to fill a 161
vacancy caused by the death, resignation, or removal of a 162
commission member and also appointing that person twice to full 163
terms on the commission, or from appointing a person previously 164
appointed to fill less than a full term twice to full terms on 165
the commission. Any member appointed to fill a vacancy occurring 166
prior to the expiration date of the term for which the member's 168
predecessor was appointed shall hold office as a member for the
remainder of that term. A member shall continue in office 169
subsequent to the expiration date of the member's term until a 171
successor takes office or until a period of sixty days has 172
elapsed, whichever occurs first. 173
(C) In making appointments to the commission, the governor 176
shall select the members from the list of names submitted by the 179
workers' compensation oversight commission nominating committee 180
pursuant to this division. Within fourteen days after the 181
governor calls the initial meeting of the nominating committee
pursuant to division (C) of section 4121.123 of the Revised Code, 182
the nominating committee shall submit to the governor, for the 185
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initial appointments, a list containing four separate names for 187
each of the members on the commission. Within fourteen days 189
after the submission of the list, the governor shall appoint 190
individuals from the list.
For the appointment of the member who is representative of 192
employees who are members of an employee organization, both for 193
initial appointments and for the filling of vacancies, the list 194
of four names submitted by the nominating committee shall be 195
comprised of four individuals who are members of the executive 196
committee of the largest statewide labor federation.
Thereafter, within sixty days after a vacancy occurring as 200
a result of the expiration of a term and within thirty days after 201
other vacancies occurring on the commission, the nominating 202
committee shall submit a list containing four names for each 204
vacancy. Within fourteen days after the submission of the list, 206
the governor shall appoint individuals from the list. With 208
respect to the filling of vacancies, the nominating committee 209
shall provide the governor with a list of four individuals who 210
are, in the judgment of the nominating committee, the most fully 211
qualified to accede to membership on the commission. The 212
nominating committee shall not include the name of an individual 213
upon the list for the filling of vacancies if the appointment of
that individual by the governor would result in more than three 214
members of the commission belonging to or being affiliated with 215
the same political party. The committee shall include on the 216
list for the filling of vacancies only the names of attorneys 217
admitted to practice law in this state if, to fulfill the
requirement of division (A) of section 4121.12 of the Revised 218
Code, the vacancy must be filled by an attorney. 219
In order for the name of an individual to be submitted to 221
the governor under this division, the nominating committee shall 223
approve the individual by an affirmative vote of a majority of 225
its members.
(D) The remaining four members of the commission shall be 228
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the chairperson and ranking minority member of the standing 229
committees of the house of representatives and of the senate to
which legislation concerning this chapter and Chapters 4123., 230
4127., and 4131. of the Revised Code normally are referred, or a 232
designee of the chairperson or ranking minority member, provided 233
that the designee is a member of the standing committee. 234
Legislative members shall serve during the session of the general 235
assembly to which they are elected and for as long as they are 236
members of the general assembly. Legislative members shall serve 237
in an advisory capacity to the commission and shall have no 239
voting rights on matters coming before the commission. 241
Membership on the commission by legislative members shall not be 242
deemed as holding a public office. 243
(E) All members of the commission shall receive their 246
reasonable and necessary expenses pursuant to section 126.31 of 247
the Revised Code while engaged in the performance of their duties 249
as members. Legislative members also shall receive fifty dollars 250
per meeting that they attend. Members appointed by the governor 251
also shall receive an annual salary as follows:
(a)(1) On and before August 31, 1998, not to exceed six 254
thousand dollars payable at the rate of five hundred dollars per 255
month. A member shall receive the monthly five hundred dollar 256
salary only if the member has attended at least one meeting of 258
the commission during that month. A member may receive no more
than the monthly five hundred dollar salary regardless of the 260
number of meetings held by the commission during a month or the 261
number of meetings in excess of one within a month that the 262
member attends.
(b)(2) After August 31, 1998, not to exceed eighteen 264
thousand dollars payable at the rate of fifteen hundred dollars 265
per month. A member shall receive the monthly fifteen hundred 266
dollar salary only if the member has attended at least one 267
meeting of the commission during that month. A member may 268
receive no more than the monthly fifteen hundred dollar salary
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regardless of the number of meetings held by the commission 269
during the month or the number of meetings in excess of one 270
within a month that the member attends. 271
The administrator of workers' compensation shall provide 273
professional and clerical assistance to the commission, as the 274
commission considers appropriate. 275
(F) The commission shall: 277
(1) Review progress of the bureau in meeting its cost and 280
quality objectives and in complying with this chapter and 281
Chapters 4123., 4127., and 4131. of the Revised Code; 282
(2) Issue an annual report on the cost and quality 284
objectives of the bureau to the president of the senate, the 286
speaker of the house of representatives, and the governor; 287
(3) Review all independent financial audits of the bureau. 289
The administrator shall provide access to records of the bureau 290
to facilitate the review required under this division. 291
(4) Study issues as requested by the administrator or the 293
governor;
(5) Contract with an independent actuarial firm to assist 295
the commission in making recommendations to the administrator 296
regarding premium rates;
(6) Establish objectives, policies, and criteria for the 299
administration of the investment program that include asset 301
allocation targets and ranges, risk factors, asset class
benchmarks, time horizons, total return objectives, and 302
performance evaluation guidelines, and monitor the 304
administrator's progress in implementing the objectives, 305
policies, and criteria on a quarterly basis. The commission
shall publish the objectives, policies, and criteria no less than 307
annually and shall make copies available to interested parties. 308
The commission shall prohibit, on a prospective basis, specific 310
investment activity it finds to be contrary to its investment
objectives, policies, and criteria. 311
The investment policy in existence on the effective date of 313
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this amendment shall continue until the commission approves 314
objectives, policies, and criteria for the administration of the 315
investment program pursuant to this section. 316
(7) Advise and consent on all of the following: 318
(a) Administrative rules the administrator submits to it 321
pursuant to division (B)(5) of section 4121.121 of the Revised
Code for the classification of occupations or industries, for 323
premium rates and contributions, for the amount to be credited to 324
the surplus fund, for rules and systems of rating, rate 325
revisions, and merit rating;
(b) The overall policy of the bureau of workers' 328
compensation as set by the administrator;
(c) The duties and authority conferred upon the 330
administrator pursuant to section 4121.37 of the Revised Code; 331
(d) Rules the administrator adopts for the health 333
partnership program and the qualified health plan system, as 334
provided in sections 4121.44, 4121.441, and 4121.442 of the 335
Revised Code.
(8) Perform all duties required under section 4121.125 of 337
the Revised Code; 338
(9) After August 31, 1998 2000, appoint an administrator 340
who meets the qualifications required under section 4121.121 of 342
the Revised Code and fix the salary of the administrator, the 344
amount of which the commission shall base upon the experience of 346
the administrator and the responsibilities and duties of the
administrator pursuant to this chapter and Chapters 4123., 4127., 347
and 4131. of the Revised Code. 348
(G) The commission may enter into an employment contract 350
with an administrator it appoints, provided that the contract 351
does not exceed two years in length. 353
(H) "NOTHING IN THE REVISED CODE SHALL PROHIBIT ANY MEMBER 356
OF THE COMMISSION FROM OFFERING COMMENTS OR ASKING QUESTIONS 357
REGARDING ANY ASPECT OF THIS CHAPTER OR CHAPTERS 4123., 4127., 359
AND 4131. OF THE REVISED CODE, PROPOSED AMENDMENTS TO THOSE 362
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CHAPTERS, OR ANY RULES PROPOSED OR ADOPTED PURSUANT TO THOSE 363
CHAPTERS, INCLUDING COMMENTS OR QUESTIONS REGARDING THE IMPACT 364
UPON THE STATE INSURANCE FUND OR THE ADMINISTRATION OF THAT FUND 365
CAUSED BY THOSE CHAPTERS, PROPOSED AMENDMENTS TO THOSE CHAPTERS, 366
OR RULES PROPOSED OR ADOPTED PURSUANT TO THOSE CHAPTERS. THIS 367
DIVISION SHALL BE LIBERALLY CONSTRUED IN FAVOR OF DISCLOSURE AND 368
OPTIMUM FACILITATION OF ACCESS TO INFORMATION. 369
(I) As used in this section, "employee organization" means 371
any labor or bona fide organization in which employees 372
participate and which exists for the purpose, in whole or in 374
part, of dealing with employers concerning grievances, labor 375
disputes, wages, hours, terms and other conditions of employment. 376
Sec. 4121.121. (A) There is hereby created the bureau of 385
workers' compensation, which shall be administered by the 386
administrator of workers' compensation. A person appointed to 387
the position of administrator shall possess significant 388
management experience in effectively managing an organization or 389
organizations of substantial size and complexity. Before
September 1, 1998, the THE governor shall appoint the 390
administrator as provided in section 121.03 of the Revised Code, 392
and the administrator shall serve at the pleasure of the 394
governor. The governor shall fix the administrator's salary on 396
the basis of the administrator's experience and the
administrator's responsibilities and duties under this chapter 398
and Chapters 4123., 4127., and 4131. of the Revised Code. The 399
governor shall not appoint to the position of administator any 400
person who has, or whose spouse has, given a contribution to the 401
campaign committee of the governor in an amount greater than one 402
thousand dollars during the two-year period immediately preceding 403
the date of the appointment of the administrator. After August 405
31, 1998 2000, the workers' compensation oversight commission 406
shall appoint the administrator as provided in division (F)(9) of 407
section 4121.12 of the Revised Code, and the administrator shall 408
serve at the pleasure of the oversight commission. The oversight 410
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commission shall fix the administrator's salary on the basis of 411
the administrator's experience and the administrator's 412
responsibilities and duties under this chapter and Chapters 413
4123., 4127., and 4131. of the Revised Code. 414
The administrator shall hold no other public office and 416
shall devote full time to the duties of administrator. Before 418
entering upon the duties of the office, the administrator shall 419
take an oath of office as required by sections 3.22 and 3.23 of 420
the Revised Code, and shall file in the office of the secretary 421
of state, a bond signed by the administrator and by surety 422
approved by the governor, for the sum of fifty thousand dollars 424
payable to the state, conditioned upon the faithful performance 425
of the administrator's duties.
(B) The administrator is responsible for the management of 428
the bureau of workers' compensation and for the discharge of all 429
administrative duties imposed upon the administrator in this 430
chapter and Chapters 4123., 4127., and 4131. of the Revised Code, 432
and in the discharge thereof shall do all of the following: 433
(1) Establish the overall administrative policy of the 436
bureau for the purposes of this chapter and Chapters 4123.,
4127., and 4131. of the Revised Code, and perform all acts and 437
exercise all authorities and powers, discretionary and otherwise 439
that are required of or vested in the bureau or any of its 440
employees in this chapter and Chapters 4123., 4127., and 4131. of 441
the Revised Code, except the acts and the exercise of authority 442
and power that is required of and vested in the oversight 443
commission or the industrial commission pursuant to those 444
chapters. The treasurer of state shall honor all warrants signed 445
by the administrator, or by one or more of the administrator's 446
employees, authorized by the administrator in writing, or bearing 448
the facsimile signature of the administrator or such employee 449
under sections 4123.42 and 4123.44 of the Revised Code. 450
(2) Employ, direct, and supervise all employees required 452
in connection with the performance of the duties assigned to the 453
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bureau by this chapter and Chapters 4123., 4127., and 4131. of 454
the Revised Code, and may establish job classification plans and 455
compensation for all employees of the bureau provided that this 456
grant of authority shall not be construed as affecting any 457
employee for whom the state employment relations board has 458
established an appropriate bargaining unit under section 4117.06 459
of the Revised Code. All positions of employment in the bureau 460
are in the classified civil service except those employees the 461
administrator may appoint to serve at the administrator's 462
pleasure in the unclassified civil service pursuant to section 463
124.11 of the Revised Code. The administrator shall fix the 464
salaries of employees the administrator appoints to serve at the 466
administrator's pleasure, including the chief operating officer, 467
staff physicians, and other senior management personnel of the
bureau AND SHALL ESTABLISH THE COMPENSATION OF STAFF ATTORNEYS OF 468
THE BUREAU'S LEGAL SECTION AND THEIR IMMEDIATE SUPERVISORS, AND 469
TAKE WHATEVER STEPS ARE NECESSARY TO PROVIDE ADEQUATE 470
COMPENSATION FOR OTHER STAFF ATTORNEYS. 471
THE ADMINISTRATOR MAY APPOINT A PERSON HOLDING A CERTIFIED 473
POSITION IN THE CLASSIFIED SERVICE TO ANY STATE POSITION IN THE 474
UNCLASSIFIED SERVICE OF THE BUREAU OF WORKERS' COMPENSATION. A 475
PERSON SO APPOINTED SHALL RETAIN THE RIGHT TO RESUME THE POSITION 477
AND STATUS HELD BY THE PERSON IN THE CLASSIFIED SERVICE
IMMEDIATELY PRIOR TO THE PERSON'S APPOINTMENT IN THE UNCLASSIFIED 479
SERVICE. IF THE POSITION THE PERSON PREVIOUSLY HELD HAS BEEN 480
FILLED OR PLACED IN THE UNCLASSIFIED SERVICE, OR IS OTHERWISE 481
UNAVAILABLE, THE PERSON SHALL BE APPOINTED TO A POSITION IN THE 482
CLASSIFIED SERVICE WITHIN THE BUREAU THAT THE DEPARTMENT OF 483
ADMINISTRATIVE SERVICES CERTIFIES IS COMPARABLE IN COMPENSATION
TO THE POSITION THE PERSON PREVIOUSLY HELD. REINSTATEMENT TO A 485
POSITION IN THE CLASSIFIED SERVICE SHALL BE TO A POSITION 486
SUBSTANTIALLY EQUAL TO THAT HELD PREVIOUSLY, AS CERTIFIED BY THE 487
DEPARTMENT OF ADMINISTRATIVE SERVICES. SERVICE IN THE POSITION 488
IN THE UNCLASSIFIED SERVICE SHALL BE COUNTED AS SERVICE IN THE 490
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POSITION IN THE CLASSIFIED SERVICE HELD BY THE PERSON IMMEDIATELY 491
PRIOR TO THE PERSON'S APPOINTMENT IN THE UNCLASSIFIED SERVICE. 492
WHEN A PERSON IS REINSTATED TO A POSITION IN THE CLASSIFIED 493
SERVICE AS PROVIDED IN THIS SECTION, THE PERSON IS ENTITLED TO 494
ALL RIGHTS, STATUS, AND BENEFITS ACCRUING TO THE POSITION DURING 495
THE PERSON'S TIME OF SERVICE IN THE POSITION IN THE UNCLASSIFIED 496
SERVICE. 497
(3) Reorganize the work of the bureau, its sections, 499
departments, and offices to the extent necessary to achieve the 500
most efficient performance of its functions and to that end may 501
establish, change, or abolish positions and assign and reassign 502
duties and responsibilities of every employee of the bureau. All 503
persons employed by the commission in positions that, after 505
November 3, 1989, are supervised and directed by the 506
administrator under this section are transferred to the bureau in 507
their respective classifications but subject to reassignment and 508
reclassification of position and compensation as the 509
administrator determines to be in the interest of efficient 510
administration. The civil service status of any person employed 511
by the commission is not affected by this section. Personnel 512
employed by the bureau or the commission who are subject to 513
Chapter 4117. of the Revised Code shall retain all of their 514
rights and benefits conferred pursuant to that chapter as it 515
presently exists or is hereafter amended and nothing in this 516
chapter or Chapter 4123. of the Revised Code shall be construed 517
as eliminating or interfering with Chapter 4117. of the Revised 518
Code or the rights and benefits conferred under that chapter to 519
public employees or to any bargaining unit. 520
(4) Provide offices, equipment, supplies, and other 522
facilities for the bureau. The administrator also shall provide 524
suitable office space in the service offices for the district 525
hearing officers, the staff hearing officers, and commission 526
employees as requested by the commission.
(5) Prepare and submit to the oversight commission 529
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information the administrator considers pertinent or the 530
oversight commission requires, together with the administrator's 533
recommendations, in the form of administrative rules, for the 534
advice and consent of the oversight commission, for 535
classifications of occupations or industries, for premium rates 536
and contributions, for the amount to be credited to the surplus 537
fund, for rules and systems of rating, rate revisions, and merit 538
rating. The administrator shall obtain, prepare, and submit any 539
other information the oversight commission requires for the 541
prompt and efficient discharge of its duties. 543
(6) Keep the accounts required by division (A) of section 545
4123.34 of the Revised Code and all other accounts and records 546
necessary to the collection, administration, and distribution of 547
the workers' compensation funds and shall obtain the statistical 548
and other information required by section 4123.19 of the Revised 549
Code. 550
(7) Exercise the investment powers vested in the 552
administrator by section 4123.44 of the Revised Code in 553
accordance with the investment objectives, policies, and criteria 555
established by the oversight commission pursuant to section 556
4121.12 of the Revised Code. The administrator shall not engage 557
in any prohibited investment activity specified by the oversight 558
commission pursuant to division (F)(6) of section 4121.12 of the 559
Revised Code. All business shall be transacted, all funds 560
invested, all warrants for money drawn and payments made, and all 561
cash and securities and other property held, in the name of the 562
bureau, or in the name of its nominee, provided that nominees are
authorized by the administrator solely for the purpose of 564
facilitating the transfer of securities, and restricted to the 565
administrator and designated employees. 566
(8) Make contracts for and supervise the construction of 569
any project or improvement or the construction or repair of 570
buildings under the control of the bureau. 571
(9) Purchase supplies, materials, equipment, and services; 573
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make contracts for, operate, and superintend the telephone, other 574
telecommunication, and computer services for the use of the 575
bureau; and make contracts in connection with office 576
reproduction, forms management, printing, and other services. 577
(10) Separately from the budget the industrial commission 580
submits, prepare and submit to the director of budget and 581
management a budget for each biennium. The budget submitted 582
shall include estimates of the costs and necessary expenditures 583
of the bureau in the discharge of any duty imposed by law as well 584
as the costs of furnishing office space to the district hearing 585
officers, staff hearing officers, and commission employees under 586
division (D) of this section. 587
(11) As promptly as possible in the course of efficient 589
administration, decentralize and relocate such of the personnel 590
and activities of the bureau as is appropriate to the end that 591
the receipt, investigation, determination, and payment of claims 592
may be undertaken at or near the place of injury or the residence 593
of the claimant and for that purpose establish regional offices, 594
in such places as the administrator considers proper, capable of 596
discharging as many of the functions of the bureau as is 597
practicable so as to promote prompt and efficient administration 598
in the processing of claims. All active and inactive lost-time 599
claims files shall be held at the service office responsible for 600
the claim. A claimant, at the claimant's request, shall be 601
provided with information by telephone as to the location of the 603
file pertaining to claim. The administrator shall ensure that 604
all service office employees report directly to the director for 605
their service office.
(12) Provide a written binder on new coverage where the 607
administrator considers it to be in the best interest of the 608
risk. The administrator, or any other person authorized by the 609
administrator, shall grant the binder upon submission of a 611
request for coverage by the employer. A binder is effective for 612
a period of thirty days from date of issuance and is 613
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nonrenewable. Payroll reports and premium charges shall coincide 614
with the effective date of the binder. 615
(13) Set standards for the reasonable and maximum handling 617
time of claims payment functions, ensure, by rules, the impartial 618
and prompt treatment of all claims and employer risk accounts, 619
and establish a secure, accurate method of time stamping all 620
incoming mail and documents hand delivered to bureau employees. 621
(14) Ensure that all employees of the bureau follow the 623
orders and rules of the commission as such orders and rules 624
relate to the commission's overall adjudicatory policy-making and 625
management duties under this chapter and Chapters 4123., 4127., 626
and 4131. of the Revised Code. 627
(15) Manage and operate a data processing system with a 629
common data base for the use of both the bureau and the 630
commission and, in consultation with the commission, using 631
electronic data processing equipment, shall develop a claims 632
tracking system that is sufficient to monitor the status of a 633
claim at any time and that lists appeals that have been filed and 634
orders or determinations that have been issued pursuant to 635
section 4123.511 or 4123.512 of the Revised Code, including the 636
dates of such filings and issuances. 637
(16) Establish and maintain a medical section within the 639
bureau. The medical section shall do all of the following: 640
(a) Assist the administrator in establishing standard 642
medical fees, approving medical procedures, and determining 643
eligibility and reasonableness of the compensation payments for 644
medical, hospital, and nursing services, and in establishing 645
guidelines for payment policies which recognize usual, customary, 646
and reasonable methods of payment for covered services; 647
(b) Provide a resource to respond to questions from claims 649
examiners for employees of the bureau; 650
(c) Audit fee bill payments; 652
(d) Implement a program to utilize, to the maximum extent 654
possible, electronic data processing equipment for storage of 655
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information to facilitate authorizations of compensation payments 656
for medical, hospital, drug, and nursing services; 657
(e) Perform other duties assigned to it by the 659
administrator. 660
(17) Appoint, as the administrator determines necessary, 662
panels to review and advise the administrator on disputes arising 664
over a determination that a health care service or supply 665
provided to a claimant is not covered under this chapter or 666
Chapter 4123. of the Revised Code or is medically unnecessary. 667
If an individual health care provider is involved in the dispute, 668
the panel shall consist of individuals licensed pursuant to the 669
same section of the Revised Code as such health care provider. 670
(18) Pursuant to section 4123.65 of the Revised Code, 672
approve applications for the final settlement of claims for 673
compensation or benefits under this chapter and Chapters 4123., 674
4127., and 4131. of the Revised Code as the administrator 675
determines appropriate, except in regard to the applications of 677
self-insuring employers and their employees;. 678
(19) Comply with section 3517.13 of the Revised Code, and 680
except in regard to contracts entered into pursuant to the 683
authority contained in section 4121.44 of the Revised Code,
comply with the competitive bidding procedures set forth in the 685
Revised Code for all contracts into which the administrator 686
enters provided that those contracts fall within the type of 687
contracts and dollar amounts specified in the Revised Code for 688
competitive bidding and further provided that those contracts are 689
not otherwise specifically exempt from the competitive bidding 690
procedures contained in the Revised Code. 691
(20) Adopt, with the advice and consent of the oversight 693
commission, rules for the operation of the bureau. No rule 694
adopted by the administrator shall be construed as barring the 695
participation of a person who is not admitted to the practice of 696
law as a representative of a party for the purposes of any matter 697
arising under this chapter and Chapters 4123., 4127., and 4131. 698
17
of the Revised Code, provided that the representative of the
party complies with rules of the administrator. 699
(21) Prepare and submit to the oversight commission 701
information the administrator considers pertinent or the 702
oversight commission requires, together with the administrator's 703
recommendations, in the form of administrative rules, for the 704
advice and consent of the oversight commission, for the health 705
partnership program and the qualified health plan system, as
provided in sections 4121.44, 4121.441, and 4121.442 of the 706
Revised Code.
(C) The administrator, with the advice and consent of the 708
senate, shall appoint a chief operating officer who has 710
significant experience in the field of workers' compensation 711
insurance or other similar insurance industry experience if the
administrator does not possess such experience. The chief 712
operating officer shall not commence the chief operating 713
officer's duties until after the senate consents to the chief 714
operating officer's appointment. The chief operating officer 715
shall serve in the unclassified civil service of the state. 716
Sec. 4121.125. (A) The workers' compensation oversight 726
commission may contract with one or more outside actuarial firms 727
and other professional persons, as the oversight commission 728
determines necessary, to assist the oversight commission in 729
measuring the performance of Ohio's workers' compensation system 730
and in comparing Ohio's workers' compensation system to other 731
state and private workers' compensation systems. The oversight 732
commission, actuarial firm or firms, and professional persons 733
shall make such measurements and comparisons using accepted 734
insurance industry standards, including, but not limited to, 735
standards promulgated by the National Council on Compensation 737
Insurance.
(B) The oversight commission may contract with one or more 739
outside firms to conduct management and financial audits of the 741
workers' compensation system, including audits of the reserve 742
18
fund belonging to the state insurance fund, and to establish 743
objective quality management principles and methods by which to 744
review the performance of the workers' compensation system.
(C) The oversight commission shall include any actuarial, 746
managerial, or financial report completed under its authority 748
pursuant to division (A) or (B) of this section in the next 749
regularly published report of the oversight commission. 750
(D) The oversight commission shall publish monthly reports 752
that include, but are not limited to, all of the following: 753
(1) Comparative and competitive data concerning Ohio's 755
workers' compensation system and the workers' compensation system 756
of other states on all of the following subjects: 758
(a) Average length of time to process contested and 761
uncontested claims;
(b) Length of time to investigate claims that raise 763
suspicion of fraudulent activity; 764
(c) Average indemnity cost of claims; 766
(d) Average medical costs of claims reported according to 768
the types of awards and separately reported according to the 769
types of injuries; 770
(e) Comparisons of Ohio classification manual rates with 773
comparable rates in other states, and after the administrator of 774
workers' compensation classifies occupations and industries and 775
determines risks of different classes according to the National 776
Council on Compensation Insurance, comparisons of rates in Ohio 778
with rates of other states that use National Council on 779
Compensation Insurance codes;
(f) Effectiveness of rehabilitation, both private and 781
within the state's workers' compensation system, including the 782
number of individuals referred, the percentage completing a 783
rehabilitation program, and the percentage of those finding 784
employment after successful completion of a rehabilitation 785
program.
(2) Data concerning Ohio's workers' compensation system 787
19
concerning all of the following: 788
(a) Performance of the investments of the bureau of 790
workers' compensation; 791
(b) Effectiveness of the bureau in collecting delinquent 794
payments that are due from employers pursuant to Chapters 4121., 795
4123., 4127., and 4131. of the Revised Code, including a
crosscheck with other state agencies to which employers are 797
required under law to make payments;
(c) Effectiveness of the bureau in subrogation claims; 800
(d) Performance measurements of managed care organizations 803
within the health partnership program and the qualified health 804
plan system;
(e) Return-to-work rates, medical outcome measures, and 807
other measures that the oversight commission or general assembly
determines; 808
(f) Adequacy of the reserve fund to cover indemnity costs 811
of the state insurance fund;
(g) The total number of claims filed in the time period 813
occurring subsequent to publication of the report that 814
immediately precedes publication of the report for which the 815
information is being compiled according to the type of claim, 817
employer classification, and claim result;
(h) The effectiveness of the bureau in identifying and 819
eliminating fraud in the workers' compensation system and in 820
recovering workers' compensation resources. 821
The reports published under this division shall include 823
data from the bureau and the industrial commission regarding 824
state fund, self-insuring, and public employers. 825
(E) The administrator and the industrial commission shall 827
compile information and provide access to records of the bureau 828
and the industrial commission to the oversight commission to the 829
extent necessary for fulfillment of all BOTH of the following 830
requirements: 831
(1) Conduct of the measurements and comparisons described 834
20
in division (A) of this section; 835
(2) Conduct of the management and financial audits and 837
establishment of the principles and methods described in division 838
(B) of this section; 839
(3) Publishing of the reports described in divisions (C) 842
and (D) of this section.
(F)(D) The administrator shall pay the expenses incurred 845
by the oversight commission to effectively fulfill its duties and 846
exercise its powers under this section as the administrator pays 847
other operating expenses of the bureau. 848
Sec. 4123.34. The administrator of workers' compensation, 857
in the exercise of the powers and discretion conferred upon him 858
THE ADMINISTRATOR in section 4123.29 of the Revised Code, shall 859
fix and maintain, with the advice and consent of the workers' 860
compensation oversight commission, for each class of occupation 861
or industry, the lowest possible rates of premium consistent with 862
the maintenance of a solvent state insurance fund and the 863
creation and maintenance of a reasonable surplus, after the 864
payment of legitimate claims for injury, occupational disease, 865
and death that he THE ADMINISTRATOR authorizes to be paid from 866
the state insurance fund for the benefit of injured, diseased, 867
and the dependents of killed employees. In establishing rates, 868
the administrator shall take into account the necessity of 869
ensuring sufficient money is set aside in the premium payment 870
security fund to cover any defaults in premium obligations. The 871
administrator shall observe all of the following requirements in 872
fixing the rates of premium for the risks of occupations or 873
industries:
(A) He THE ADMINISTRATOR shall keep an accurate account of 875
the money paid in premiums by each of the several classes of 877
occupations or industries, and the losses on account of injuries, 878
occupational disease, and death of employees thereof, and also 879
keep an account of the money received from each individual 880
employer and the amount of losses incurred against the state 881
21
insurance fund on account of injuries, occupational disease, and 882
death of the employees of the employer. 883
(B) Ten per cent of the money paid into the state 885
insurance fund shall be set aside for the creation of a surplus 886
until the surplus amounts to the sum of one hundred thousand 887
dollars, after which time, whenever necessary in the judgment of 888
the administrator to guarantee a solvent state insurance fund, a 889
sum not exceeding five per cent of all the money paid into the 890
state insurance fund shall be credited to the surplus fund. A 891
revision of basic rates shall be made annually on the first day 892
of July. 893
Notwithstanding any provision of the law to the contrary, 895
one hundred eighty days after the effective date on which 896
self-insuring employers first may elect under division (D) of 897
section 4121.66 of the Revised Code to directly pay for 898
rehabilitation expenses, the administrator shall calculate the 899
deficit, if any, in the portion of surplus fund that is used for 900
reimbursement to self-insuring employers for all expenses other 901
than handicapped reimbursement under section 4123.343 of the 902
Revised Code. Without regard to whether a self-insuring employer 903
makes the election under division (D) of section 4121.66 of the 904
Revised Code, the administrator shall assess all self-insuring 905
employers the amount he THE ADMINISTRATOR determines necessary to 907
reduce the deficit over a period not to exceed five years from 908
the effective date of this amendment OCTOBER 20, 1993. After the 910
initial assessment, the administrator, from time to time, may 911
determine whether the surplus fund has such a deficit and may 913
assess all self-insuring employers who participated in the 914
portion of the surplus fund during the accrual of the deficit and 915
who during that time period have not made the election under 916
division (D) of section 4121.66 of the Revised Code the amount he 917
THE ADMINISTRATOR determines necessary to reduce the deficit. 918
Revisions of basic rates shall be in accordance with the 920
oldest four of the last five calendar years of the combined 921
22
accident and occupational disease experience of the administrator 922
in the administration of this chapter, as shown by the accounts 923
kept as provided in this section, EXCLUDING THE EXPERIENCE OF 924
EMPLOYERS THAT ARE NO LONGER ACTIVE IF THE ADMINISTRATOR 925
DETERMINES THAT THE INCLUSION OF THOSE EMPLOYERS WOULD HAVE A 926
SIGNIFICANT NEGATIVE IMPACT ON THE REMAINDER OF THE EMPLOYERS IN 927
A PARTICULAR MANUAL CLASSIFICATION; and the administrator shall 928
adopt rules, with the advice and consent of the oversight 930
commission, governing rate revisions, the object of which shall 931
be to make an equitable distribution of losses among the several 932
classes of occupation or industry, which rules shall be general 933
in their application.
(C) The administrator may apply that form of rating system 935
which he THE ADMINISTRATOR finds is best calculated to merit rate 937
or individually rate the risk more equitably, predicated upon the
basis of its individual industrial accident and occupational 938
disease experience, and may encourage and stimulate accident 939
prevention. The administrator shall develop fixed and equitable 940
rules controlling the rating system, which rules shall conserve 941
to each risk the basic principles of workers' compensation 942
insurance.
(D) The administrator, from the money paid into the state 944
insurance fund, shall set aside into an account of the state 945
insurance fund titled a premium payment security fund sufficient 946
money to pay for any premiums due from an employer and 947
uncollected that are in excess of the employer's premium security 950
deposit.
The fund shall be in the custody of the treasurer of state. 952
All investment earnings of the fund shall be deposited in the 953
fund. Disbursements from the fund shall be made by the bureau of 954
workers' compensation upon order of the administrator to the 955
state insurance fund. The use of the moneys held by the premium 956
payment security fund is restricted to reimbursement to the state 957
insurance fund of premiums due and uncollected in excess of an 958
23
employer's premium security deposit. The moneys constituting the 959
premium payment security fund shall be maintained without regard 960
to or reliance upon any other fund. This section does not 961
prevent the deposit or investment of the premium payment security 962
fund with any other fund created by this chapter, but the premium 963
payment security fund is separate and distinct for every other 964
purpose and a strict accounting thereof shall be maintained. 965
(E) The administrator may grant discounts on premium rates 967
for employers who meet either of the following requirements: 968
(1) Have not incurred a compensable injury for one year or 970
more and who maintain an employee safety committee or similar 971
organization or make periodic safety inspections of the 972
workplace. 973
(2) Successfully complete a loss prevention program 975
prescribed by the superintendent of the division of safety and 976
hygiene and conducted by the division or by any other person 977
approved by the superintendent. 978
(F)(1) In determining the premium rates for the 980
construction industry the administrator shall calculate the 981
employers' premiums based upon the actual remuneration 982
construction industry employees receive from construction 983
industry employers, provided that the amount of remuneration the 984
administrator uses in calculating the premiums shall not exceed 985
an average weekly wage equal to one hundred fifty per cent of the 986
statewide average weekly wage as defined in division (C) of 988
section 4123.62 of the Revised Code. 989
(2) Division (F)(1) of this section shall not be construed 991
as affecting the manner in which benefits to a claimant are 992
awarded under this chapter. 993
(3) As used in division (F) of this section, "construction 995
industry" includes any activity performed in connection with the 996
erection, alteration, repair, replacement, renovation, 997
installation, or demolition of any building, structure, highway, 998
or bridge. 999
24
Sec. 4123.511. (A) Within seven days after receipt of any 1,010
claim under this chapter, the bureau of workers' compensation
shall notify the claimant and the employer of the claimant of the 1,011
receipt of the claim and of the facts alleged therein. If the 1,012
bureau receives from a person other than the claimant written or 1,013
telecommunicated information indicating that an injury has 1,014
occurred or an occupational disease that may be compensable under 1,016
this chapter has been diagnosed by a licensed physician, the
bureau shall notify the employee and the employer of the 1,018
information. If the information is provided by any method of 1,019
telecommunication, the person providing the information shall 1,020
provide written verification of the information to the bureau 1,021
according to division (E) of section 4123.84 of the Revised Code. 1,022
The receipt of the information in writing, or if by a method of 1,023
telecommunications, the written verification, and the notice by 1,024
the bureau shall be considered an application for compensation 1,025
under section 4123.84 or 4123.85 of the Revised Code provided 1,026
that the conditions of division (E) of section 4123.84 of the 1,027
Revised Code apply to information provided by a method of 1,028
telecommunication. Upon receipt of a claim, the bureau shall 1,029
advise the claimant of the claim number assigned and the 1,030
claimant's right to representation in the processing of a claim 1,031
or to elect no representation. If the bureau determines that a 1,032
claim is determined to be a compensable lost time claim, the 1,033
bureau shall notify the claimant and the employer of the 1,034
availability of rehabilitation services. No bureau or industrial 1,035
commission employee shall directly or indirectly convey any 1,036
information in derogation of this right. This section shall in no 1,037
way abrogate the bureau's responsibility to aid and assist a 1,038
claimant in the filing of a claim and to advise the claimant of 1,039
the claimant's rights under the law.
The administrator of workers' compensation shall assign all 1,041
claims and investigations to the bureau service office from which 1,042
investigation and determination may be made most expeditiously. 1,043
25
The bureau shall investigate the facts concerning an injury 1,045
or occupational disease and ascertain such facts in whatever 1,046
manner is most appropriate and may obtain statements of the 1,047
employee, employer, attending physician, and witnesses in 1,048
whatever manner is most appropriate. 1,049
(B)(1) Except as provided in division (B)(2) of this 1,051
section, in claims other than those in which the employer is a 1,052
self-insuring employer, if the administrator determines under 1,053
division (A) of this section that a claimant is or is not 1,054
entitled to an award of compensation or benefits, the 1,055
administrator shall issue an order, no later than twenty-eight 1,058
days after the sending of the notice under division (A) of this 1,059
section, granting or denying the payment of the compensation or 1,060
benefits, or both as is appropriate to the claimant. 1,061
Notwithstanding the time limitation specified in this division
for the issuance of an order, if a medical examination of the 1,062
claimant is required by statute, the administrator promptly shall 1,063
schedule the claimant for that examination and shall issue an 1,064
order no later than twenty-eight days after receipt of the report 1,065
of the examination. The administrator shall notify the claimant 1,066
and the employer of the claimant and their respective 1,067
representatives in writing of the nature of the order and the 1,068
amounts of compensation and benefit payments involved. The 1,069
employer or claimant may appeal the order pursuant to division 1,070
(C) of this section within fourteen days after the date of the 1,071
receipt of the order. The employer and claimant may waive, in 1,072
writing, their rights to an appeal under this division. 1,073
(2) Notwithstanding the time limitation specified in 1,075
division (B)(1) of this section for the issuance of an order, if 1,076
the employer certifies a claim for payment of compensation or 1,077
benefits, or both, to a claimant, and the administrator has 1,078
completed the investigation of the claim, the payment of benefits 1,080
or compensation, or both, as is appropriate, shall commence upon 1,081
the later of the date of the certification or completion of the 1,082
26
investigation and issuance of the order by the administrator, 1,083
provided that the administrator shall issue the order no later 1,084
than the time limitation specified in division (B)(1) of this 1,085
section. 1,086
(3) If an appeal is made under division (B) of this 1,089
section, the administrator shall forward the claim file to the 1,090
appropriate district hearing officer within seven days of the
appeal. In contested claims other than state fund claims, the 1,091
administrator shall forward the claim within seven days of the 1,092
administrator's receipt of the claim to the commission, which 1,094
shall refer the claim to an appropriate district hearing officer 1,095
for a hearing in accordance with division (C) of this section. 1,096
(C) If an employer or claimant timely appeals the order of 1,098
the administrator issued under division (B) of this section or in 1,099
the case of other contested claims other than state fund claims, 1,100
the commission shall refer the claim to an appropriate district 1,101
hearing officer according to rules the commission adopts under 1,102
section 4121.36 of the Revised Code. The district hearing 1,103
officer shall notify the parties and their respective 1,104
representatives of the time and place of the hearing. 1,105
The district hearing officer shall hold a hearing on a 1,107
disputed issue or claim within forty-five days after the filing 1,109
of the appeal under this division and issue a decision within 1,110
seven days after holding the hearing. The district hearing 1,111
officer shall notify the parties and their respective
representatives in writing of the order. Any party may appeal an 1,113
order issued under this division pursuant to division (D) of this 1,114
section within fourteen days after receipt of the order under 1,115
this division. 1,116
(D) Upon the timely filing of an appeal of the order of 1,118
the district hearing officer issued under division (C) of this 1,119
section, the commission shall refer the claim file to an 1,120
appropriate staff hearing officer according to its rules adopted 1,121
under section 4121.36 of the Revised Code. The staff hearing 1,122
27
officer shall hold a hearing within forty-five days after the 1,123
filing of an appeal under this division and issue a decision 1,124
within seven days after holding the hearing under this division. 1,127
The staff hearing officer shall notify the parties and their 1,128
respective representatives in writing of the staff hearing 1,129
officer's order. Any party may appeal an order issued under this 1,130
division pursuant to division (E) of this section within fourteen 1,131
days after receipt of the order under this division. 1,132
(E) Upon the filing of a timely appeal of the order of the 1,134
staff hearing officer issued under division (D) of this section, 1,135
the commission or a designated staff hearing officer, on behalf 1,136
of the commission, shall determine whether the commission will 1,138
hear the appeal. If the commission or the designated staff
hearing officer decides to hear the appeal, the commission or the 1,140
designated staff hearing officer shall notify the parties and 1,141
their respective representatives in writing of the time and place 1,142
of the hearing. The commission shall hold the hearing within 1,143
forty-five days after the filing of the notice of appeal and, 1,144
within seven days after the conclusion of the hearing, the 1,145
commission shall issue its order affirming, modifying, or 1,146
reversing the order issued under division (D) of this section. 1,147
The commission shall notify the parties and their respective 1,148
representatives in writing of the order. If the commission or 1,149
the designated staff hearing officer determines not to hear the 1,150
appeal, within fourteen days after the filing of the notice of 1,151
appeal, the commission or the designated staff hearing officer 1,152
shall issue an order to that effect and notify the parties and
their respective representatives in writing of that order. 1,153
Except as otherwise provided in this chapter and Chapters 1,155
4121., 4127., and 4131. of the Revised Code, any party may appeal 1,156
an order issued under this division to the court pursuant to 1,157
section 4123.512 of the Revised Code within sixty days after 1,158
receipt of the order, subject to the limitations contained in 1,159
that section. 1,160
28
(F) Every notice of an appeal from an order issued under 1,162
divisions (B), (C), (D), and (E) of this section shall state the 1,163
names of the claimant and employer, the number of the claim, the 1,164
date of the decision appealed from, and the fact that the 1,165
appellant appeals therefrom. 1,166
(G) All of the following apply to the proceedings under 1,168
divisions (C), (D), and (E) of this section: 1,169
(1) The parties shall proceed promptly and without 1,171
continuances except for good cause; 1,172
(2) The parties, in good faith, shall engage in the free 1,174
exchange of information relevant to the claim prior to the 1,175
conduct of a hearing according to the rules the commission adopts 1,176
under section 4121.36 of the Revised Code; 1,177
(3) The administrator is a party and may appear and 1,179
participate at all administrative proceedings on behalf of the 1,180
state insurance fund. However, in cases in which the employer is 1,181
represented, the administrator shall neither present arguments 1,182
nor introduce testimony that is cumulative to that presented or 1,183
introduced by the employer or the employer's representative. The 1,184
administrator may file an appeal under this section on behalf of
the state insurance fund; however, except in cases arising under 1,185
section 4123.343 of the Revised Code, the administrator only may 1,186
appeal questions of law or issues of fraud when the employer 1,187
appears in person or by representative.
(H) Except as provided in division (J) of this section, 1,189
payments of compensation to a claimant or on behalf of a claimant 1,190
as a result of any order issued under this chapter shall commence 1,191
upon the earlier of the following: 1,192
(1) Fourteen days after the date the administrator issues 1,194
an order under division (B) of this section, unless that order is 1,195
appealed; 1,196
(2) Twenty-one days after the date when the employer has 1,198
waived the right to appeal a decision issued under division (B) 1,199
of this section;
29
(3) If no appeal of an order has been filed under this 1,201
section or to a court under section 4123.512 of the Revised Code, 1,202
the expiration of the time limitations for the filing of an 1,203
appeal of an order; 1,204
(4) Twenty-one days after the date of receipt by the 1,206
employer of an order of a district hearing officer, a staff 1,209
hearing officer, or the industrial commission issued under 1,210
division (C), (D), or (E) of this section. 1,212
(I) No medical benefits payable under this chapter or 1,214
Chapter 4121., 4127., or 4131. of the Revised Code are payable 1,215
until the earlier of the following: 1,216
(1) The date of the issuance of the staff hearing 1,218
officer's order under division (D) of this section; 1,219
(2) The date of the final administrative or judicial 1,221
determination. 1,222
(J) Upon the final administrative or judicial 1,224
determination UNDER THIS SECTION OR SECTION 4123.512 OF THE 1,225
REVISED CODE OF AN APPEAL OF AN ORDER TO PAY COMPENSATION, if a 1,226
claimant is found to have received compensation PURSUANT to A 1,227
PRIOR ORDER which the claimant was not entitled IS REVERSED UPON 1,228
SUBSEQUENT APPEAL, the claimant's employer, if a self-insuring 1,229
employer, or the bureau, shall withhold from any amount to which 1,231
the claimant becomes entitled pursuant to any claim, past, 1,232
present, or future, under Chapter 4121., 4123., 4127., or 4131. 1,233
of the Revised Code, the amount OF PREVIOUSLY PAID COMPENSATION 1,234
to which the claimant was WHICH, DUE TO REVERSAL UPON APPEAL, THE 1,235
CLAIMANT IS not entitled, pursuant to the following criteria: 1,236
(1) No withholding for the first twelve weeks of temporary 1,238
total disability compensation pursuant to section 4123.56 of the 1,239
Revised Code shall be made; 1,240
(2) Forty per cent of all awards of compensation paid 1,242
pursuant to sections 4123.56 and 4123.57 of the Revised Code, 1,243
until the amount overpaid is refunded; 1,244
(3) Twenty-five per cent of any compensation paid pursuant 1,246
30
to section 4123.58 of the Revised Code until the amount overpaid 1,247
is refunded; 1,248
(4) If, pursuant to an appeal under section 4123.512 of 1,250
the Revised Code, the court of appeals or the supreme court 1,251
reverses the allowance of the claim, then no amount of any 1,252
compensation will be withheld. 1,253
THE ADMINISTRATOR AND SELF-INSURING EMPLOYERS, AS 1,255
APPROPRIATE, ARE SUBJECT TO THE REPAYMENT SCHEDULE OF THIS 1,256
DIVISION ONLY WITH RESPECT TO AN ORDER TO PAY COMPENSATION THAT 1,257
WAS PROPERLY PAID UNDER A PREVIOUS ORDER, BUT WHICH IS
SUBSEQUENTLY REVERSED UPON AN ADMINISTRATIVE OR JUDICIAL APPEAL. 1,258
THE ADMINISTRATOR AND SELF-INSURING EMPLOYERS ARE NOT SUBJECT TO, 1,259
BUT MAY UTILIZE, THE REPAYMENT SCHEDULE OF THIS DIVISION, OR ANY 1,260
OTHER LAWFUL MEANS, TO COLLECT PAYMENT OF COMPENSATION MADE TO A 1,261
PERSON WHO WAS NOT ENTITLED TO THE COMPENSATION DUE TO FRAUD AS 1,262
DETERMINED BY THE ADMINISTRATOR OR THE INDUSTRIAL COMMISSION. 1,263
(K) If a staff hearing officer or the commission fails to 1,265
issue a decision or the commission fails to refuse to hear an 1,266
appeal within the time periods required by this section, payments 1,267
to a claimant shall cease until the staff hearing officer or 1,268
commission issues a decision or hears the appeal, unless the 1,269
failure was due to the fault or neglect of the employer or the 1,270
employer agrees that the payments should continue for a longer 1,271
period of time. 1,272
(L) Except as provided in section 4123.522 of the Revised 1,274
Code, no appeal is timely filed under this section unless the 1,275
appeal is filed with the time limits set forth in this section. 1,276
(M) No person who is not an employee of the bureau or 1,278
commission or who is not by law given access to the contents of a 1,279
claims file shall have a file in the person's possession. 1,280
Sec. 4123.512. (A) The claimant or the employer may 1,289
appeal an order of the industrial commission made under division 1,290
(E) of section 4123.511 of the Revised Code in any injury or 1,291
occupational disease case, other than a decision as to the extent 1,292
31
of disability or impairment, or percentage of impairment 1,293
determined pursuant to division (A) of section 4123.57 of the 1,294
Revised Code, to the court of common pleas of the county in which 1,297
the injury was inflicted or in which the contract of employment 1,298
was made if the injury occurred outside the state, or in which 1,299
the contract of employment was made if the exposure occurred 1,300
outside the state. If no common pleas court has jurisdiction for 1,301
the purposes of an appeal by the use of the jurisdictional 1,302
requirements described in this division, the appellant may use 1,303
the venue provisions in the Rules of Civil Procedure to vest 1,304
jurisdiction in a court. If the claim is for an occupational 1,305
disease the appeal shall be to the court of common pleas of the 1,306
county in which the exposure which caused the disease occurred. 1,307
Like appeal may be taken from an order of a staff hearing officer 1,308
made under division (D) of section 4123.511 of the Revised Code 1,309
from which the commission has refused to hear an appeal. The 1,310
appellant shall file the notice of appeal with a court of common 1,311
pleas within sixty days after the date of the receipt of the 1,312
order appealed from or the date of receipt of the order of the 1,313
commission refusing to hear an appeal of a staff hearing 1,314
officer's decision under division (D) of section 4123.511 of the 1,315
Revised Code. The filing of the notice of the appeal with the 1,316
court is the only act required to perfect the appeal.
If an action has been commenced in a court of a county 1,318
other than a court of a county having jurisdiction over the 1,319
action, the court, upon notice by any party or upon its own 1,320
motion, shall transfer the action to a court of a county having 1,321
jurisdiction. 1,322
Notwithstanding anything to the contrary in this section, 1,324
if the commission determines under section 4123.522 of the 1,325
Revised Code that an employee, employer, or their respective 1,326
representatives have not received written notice of an order or 1,327
decision which is appealable to a court under this section and 1,328
which grants relief pursuant to section 4123.522 of the Revised 1,329
32
Code, the party granted the relief has sixty days from receipt of 1,330
the order under section 4123.522 of the Revised Code to file a 1,331
notice of appeal under this section. 1,332
(B) The notice of appeal shall state the names of the 1,334
claimant and the employer, the number of the claim, the date of 1,335
the order appealed from, and the fact that the appellant appeals 1,336
therefrom. 1,337
The administrator, the claimant, and the employer shall be 1,339
parties to the appeal and the court, upon the application of the 1,340
commission, shall make the commission a party. The administrator 1,341
shall notify the employer that, if the employer fails to become 1,344
an active party to the appeal, the administrator may act on 1,345
behalf of the employer and the results of the appeal could have 1,346
an adverse effect upon the employer's premium rates. 1,347
(C) The attorney general or one or more of the attorney 1,349
general's assistants or special counsel designated by the 1,351
attorney general shall represent the administrator and the 1,353
commission. If the attorney general or the attorney general's 1,354
designated assistants or special counsel are absent, the 1,356
administrator or the commission shall select one or more of the 1,357
attorneys in the employ of the administrator or the commission as 1,358
the administrator's attorney or the commission's attorney in the 1,359
appeal. Any attorney so employed shall continue the 1,361
representation during the entire period of the appeal and in all 1,362
hearings thereof except where the continued representation 1,363
becomes impractical.
(D) Upon receipt of notice of appeal the clerk of courts 1,365
shall provide notice to all parties who are appellees and to the 1,366
commission. 1,367
The claimant, within thirty days after the filing of the 1,370
notice of appeal, shall file a petition containing a statement of
facts in ordinary and concise language showing a cause of action 1,371
to participate or to continue to participate in the fund and 1,372
setting forth the basis for the jurisdiction of the court over 1,373
33
the action. Further pleadings shall be had in accordance with 1,374
the Rules of Civil Procedure, provided that service of summons on 1,375
such petition shall not be required. The clerk of the court, 1,376
upon receipt thereof, shall transmit by certified mail a copy 1,378
thereof to each party named in the notice of appeal other than 1,379
the claimant. Any party may file with the clerk prior to the 1,380
trial of the action a deposition of any physician taken in 1,381
accordance with the provisions of the Revised Code, which 1,382
deposition may be read in the trial of the action even though the 1,383
physician is a resident of or subject to service in the county in 1,384
which the trial is had. The bureau of workers' compensation 1,385
shall pay the cost of the STENOGRAPHIC deposition filed in court 1,386
and of copies of the STENOGRAPHIC deposition for each party from 1,388
the surplus fund and charge the costs thereof against the 1,390
unsuccessful party if the claimant's right to participate or 1,391
continue to participate is finally sustained or established in 1,392
the appeal. In the event the deposition is taken and filed, the 1,393
physician whose deposition is taken is not required to respond to 1,394
any subpoena issued in the trial of the action. The court, or 1,395
the jury under the instructions of the court, if a jury is 1,396
demanded, shall determine the right of the claimant to 1,397
participate or to continue to participate in the fund upon the 1,398
evidence adduced at the hearing of the action. 1,399
(E) The court shall certify its decision to the commission 1,401
and the certificate shall be entered in the records of the court. 1,402
Appeals from the judgment are governed by the law applicable to 1,403
the appeal of civil actions. 1,404
(F) The cost of any legal proceedings authorized by this 1,406
section, including an attorney's fee to the claimant's attorney 1,407
to be fixed by the trial judge, based upon the effort expended, 1,408
in the event the claimant's right to participate or to continue 1,409
to participate in the fund is established upon the final 1,410
determination of an appeal, shall be taxed against the employer 1,411
or the commission if the commission or the administrator rather 1,412
34
than the employer contested the right of the claimant to 1,413
participate in the fund. The attorney's fee shall not exceed 1,414
twenty-five hundred dollars. 1,415
(G) If the finding of the court or the verdict of the jury 1,417
is in favor of the claimant's right to participate in the fund, 1,418
the commission and the administrator shall thereafter proceed in 1,419
the matter of the claim as if the judgment were the decision of 1,420
the commission, subject to the power of modification provided by 1,421
section 4123.52 of the Revised Code. 1,422
(H) An appeal from an order issued under division (E) of 1,424
section 4123.511 of the Revised Code or any action filed in court 1,425
in a case in which an award of compensation has been made shall 1,426
not stay the payment of compensation under the award or payment 1,427
of compensation for subsequent periods of total disability or 1,428
impairment during the pendency of the appeal. If, in a final 1,430
administrative or judicial action, it is determined that payments 1,431
of compensation or benefits, or both, made to or on behalf of a 1,432
claimant should not have been made, the amount thereof shall be 1,433
charged to the surplus fund under division (B) of section 4123.34 1,434
of the Revised Code. In the event the employer is a state risk, 1,435
the amount shall not be charged to the employer's experience. In 1,436
the event the employer is a self-insuring employer, the 1,437
self-insuring employer shall deduct the amount from the paid 1,438
compensation he reports to the administrator under division (K) 1,439
of section 4123.35 of the Revised Code. All actions and 1,440
proceedings under this section which are the subject of an appeal 1,441
to the court of common pleas or the court of appeals shall be 1,442
preferred over all other civil actions except election causes, 1,443
irrespective of position on the calendar. 1,444
This section applies to all decisions of the commission or 1,446
the administrator on November 2, 1959, and all claims filed 1,447
thereafter are governed by sections 4123.511 and 4123.512 of the 1,448
Revised Code. 1,449
Any action pending in common pleas court or any other court 1,451
35
on January 1, 1986, under this section is governed by former 1,452
sections 4123.514, 4123.515, 4123.516, and 4123.519 and section 1,453
4123.522 of the Revised Code. 1,454
Sec. 4123.57. (A)(1) Except as provided in division 1,463
(A)(2) of this section, not earlier than forty weeks after the 1,465
date of termination of the latest period of payments under 1,466
section 4123.56 of the Revised Code, or not earlier than forty 1,467
weeks after the date of the injury or the date of first diagnosis 1,468
of an occupational disease by a licensed physician in the absence 1,469
of payments under section 4123.56 of the Revised Code, an 1,470
employee may file an application with the bureau of workers' 1,471
compensation for the determination of the percentage of the 1,473
employee's permanent partial impairment resulting from an injury 1,475
or occupational disease. 1,476
(2) An employee may file the application specified in 1,479
division (A)(1) of this section without waiting forty weeks when 1,481
either of the following occurs:
(a) The receipt of payments under division (A) of section 1,484
4123.56 of the Revised Code is terminated by a hearing officer 1,486
because the employee has reached maximum medical improvement. 1,488
(b) The receipt of benefits under division (A) of section 1,491
4123.56 of the Revised Code is terminated because the employee's 1,492
attending physician certifies that the employee has reached 1,493
maximum medical improvement.
(3) Whenever an application is filed under division (A)(1) 1,496
or (2) of this section, the bureau shall send a copy of the 1,497
application to the employee's employer or the employer's 1,498
representative and, except when the option provided in division 1,499
(A)(7) of this section is chosen, shall schedule the employee for 1,500
a medical examination by the bureau medical section. The bureau 1,501
shall send a copy of the report of the medical examination to the 1,502
employee, the employer, and their representatives. The report of 1,503
the medical examination shall contain a statement of the 1,506
examiner's finding on the employee's percentage of permanent 1,507
36
partial impairment resulting from allowed conditions in the claim 1,508
under the most recent edition of the American medical 1,509
association's guides to the evaluation of permanent impairment. 1,510
After receiving the report of the medical examination, the 1,511
administrator of workers' compensation shall make a tentative 1,512
order finding that the employee's percentage of permanent partial 1,514
impairment is the same percentage shown by the report of the 1,515
medical examination, unless the administrator determines that the 1,516
report clearly is erroneous. If the administrator determines 1,517
that the report clearly is erroneous, the administrator shall
disregard the report, schedule the employee for another 1,519
examination by the bureau medical section, and issue a tentative 1,520
order that finds that the employee's percentage of permanent 1,521
partial impairment is the same percentage shown by the second 1,522
medical examination report. 1,523
(4) The administrator shall notify the employee, the 1,525
employer, and their representatives, in writing, of the tentative 1,526
order and of the parties' right to request a hearing. Within 1,528
fourteen days after receipt of the tentative order, the employee, 1,529
the employer, or their representatives, may file with the bureau 1,530
an objection to the tentative order. The opposing party must be 1,532
served by the filing party with a copy of the objection to the 1,533
tentative order not later than the day of filing. Proper mailing 1,534
of the objection to the tentative order to the opposing party 1,536
constitutes service. If an objection to the tentative order is 1,537
not filed by a party by the deadline established by division 1,538
(A)(4) of this section, the order becomes final. 1,539
(5) If the employee, the employer, or their 1,541
representatives timely notify the administrator of an objection 1,542
to the tentative order, either party, within fourteen days after 1,545
the date of filing or of receipt of an objection, whichever is
later, may request another examination by the bureau medical 1,547
section. The party requesting that examination shall pay the 1,548
cost of that examination. Upon that request, the bureau shall 1,549
37
schedule the employee for another medical examination by the 1,551
bureau medical section. All provisions of division (A)(3) of 1,552
this section applicable to the first medical examination apply to 1,553
a subsequent medical examination requested pursuant to division 1,554
(A)(5) of this section. The bureau shall send a copy of the 1,555
report of the medical examination to the employee, the employer, 1,556
and their representatives.
Upon the filing of an objection to the tentative order or 1,558
upon the completion of the medical examination requested pursuant 1,559
to division (A)(5) of this section, whichever is later, the 1,562
matter shall be referred to a district hearing officer who shall 1,563
set the application for hearing with written notices to all 1,564
interested persons. At the hearing, the district hearing officer 1,565
first shall make a finding as to whether any of the following has 1,566
occurred: 1,567
(a) The bureau medical section based its report, at least 1,570
in part, on conditions not allowed in the claim;
(b) The bureau medical section failed to consider all of 1,573
the allowed conditions in the claim;
(c) The bureau medical section's examiner was prejudiced 1,576
against the employer or the employee;
(d) The bureau medical section failed to properly apply 1,579
the most recent edition of the American medical association's 1,580
guides to the evaluation of permanent impairment in determining 1,581
the employee's percentage of permanent impairment; 1,582
(e) The tentative order provides for the payment of 1,584
compensation under a circumstance in which that compensation is 1,585
barred by this section or any other provision of law. 1,586
If the district hearing officer finds one of the situations 1,589
described in division (A)(5)(a), (b), (c) or (d) of this section, 1,591
the district hearing officer shall issue an order rejecting the 1,593
report of the medical examination and requiring the bureau 1,594
medical section to perform a new medical examination. All 1,595
provisions of this division applicable to the first medical 1,596
38
examination and the determination of the percentage of permanent 1,597
partial impairment apply to any subsequent medical examination 1,598
that is ordered under this division. If the district hearing 1,599
officer finds the situation described in division (A)(5)(e) of 1,600
this section, the district hearing officer shall issue an order 1,601
denying the application. If the district hearing officer finds 1,603
none of the situations described in division (A)(5)(a), (b), (c), 1,604
(d), or (e) of this section, the district hearing officer shall 1,606
issue an order finding that the employee's percentage of 1,607
permanent partial impairment is the same percentage shown by 1,608
either the first or any subsequent bureau medical examination 1,609
report.
(6) An employee may file an application for a subsequent 1,612
determination of the percentage of the employee's permanent 1,613
impairment. No application for subsequent percentage 1,615
determinations on the same claim for injury or occupational
disease shall be accepted unless supported by substantial 1,616
evidence of new and changed circumstances developing since the 1,617
time of the last determination. If an application is filed under 1,619
division (A)(6) of this section, the bureau shall treat the 1,620
application as though it was an original application for the 1,621
determination of the percentage of permanent partial impairment, 1,622
EXCEPT THAT THE BUREAU MAY REQUIRE EITHER A MEDICAL EXAMINATION 1,623
OR A MEDICAL REVIEW OF THE EMPLOYEE. In no instance shall the 1,625
former award be modified unless it is found from medical or 1,626
clinical findings that the condition of the employee resulting 1,627
from the injury or occupational disease has so progressed as to 1,629
have increased the percentage of permanent partial impairment. 1,630
All provisions of this division applicable to an original
application apply to an application for subsequent determination. 1,631
The decision of a district hearing officer on an employee's 1,633
application filed under division (A)(1), (2), and (6) of this 1,635
section is final. 1,636
(7) Notwithstanding divisions (A)(3) through (6) of this 1,639
39
section, the determination of an employee's percentage of 1,640
permanent partial impairment shall be made in accordance with 1,641
division (A)(7) of this section, upon the written agreement by an 1,643
employee and employer to utilize the alternative method of 1,644
determination provided in division (A)(7) of this section. 1,646
Within seven days after receipt of the written agreement, the 1,647
administrator shall assign a physician from the impairment 1,648
evaluation panel within the bureau medical section to conduct a 1,649
medical examination of the employee and send written notice to 1,650
the employee and employer of that assignment. The employee and 1,651
employer each shall select a physician from the impairment 1,652
evaluation panel who shall serve as consultants to the assigned 1,653
physician if the employee or employer objects to the assigned 1,654
physician's determination.
Within twenty-one days after assignment, the assigned 1,656
physician shall conduct a medical examination of the employee and 1,658
provide to the administrator a report of the medical examination 1,659
stating the employee's percentage of permanent partial impairment 1,660
resulting from the allowed conditions in the claim under the most 1,661
recent edition of the American medical association's guides to 1,663
the evaluation of permanent impairment. Immediately upon receipt 1,664
of the report, the administrator shall send a copy of the report 1,665
to the employee and employer.
Within twenty-one days after receipt of the report, an 1,667
employee or employer may send written notice to the administrator 1,669
objecting to the report. If a written notice of objection is not 1,670
timely received, the assigned physician's determination of the 1,671
percentage of permanent partial impairment of an employee is 1,672
final, notwithstanding section 4123.511 of the Revised Code. If 1,674
a written notice of objection is timely received, the 1,675
administrator shall provide a copy of the assigned physician's 1,676
report to the consulting physicians selected by the employee and 1,677
employer, within seven days after receipt of the objection. 1,678
Within twenty-one days after receipt of the report, both 1,680
40
consulting physicians shall confer with the assigned physician 1,681
and jointly, on the basis of the opinion of a majority of the 1,682
physicians, issue a final report stating the employee's 1,683
percentage of permanent partial impairment resulting from the 1,684
allowed conditions in the claim under the most recent edition of 1,685
the American medical association's guides to the evaluation of 1,687
permanent impairment. Within fourteen days after receipt of the 1,688
final report, the administrator shall send a copy of the final 1,689
report to the employee and employer. Notwithstanding section 1,690
4123.511 of the Revised Code, the percentage of permanent partial 1,692
impairment of an employee stated in the final report issued 1,693
pursuant to division (A)(7) of this section is final. 1,695
(8) Compensation payable under division (A) of this 1,698
section accrues and is payable to the employee from the date of 1,699
last payment of compensation, or, in cases where no previous 1,700
compensation has been paid, from the date of the injury or, for 1,701
occupational diseases, the date of disease. The employee shall 1,703
receive sixty-six and two-thirds per cent of the employee's 1,704
average weekly wage, but not more than a maximum of thirty-three 1,705
and one-third per cent of the statewide average weekly wage as 1,706
defined in division (C) of section 4123.62 of the Revised Code, 1,708
per week regardless of the average weekly wage for the number of 1,709
weeks that equals the percentage of two hundred weeks. If the 1,711
percentage of the permanent impairment of the employee equals or 1,712
exceeds ninety per cent, compensation for permanent partial
impairment shall be paid for two hundred weeks. No award shall 1,713
be made under division (A) of this section based upon a 1,714
percentage of impairment that, when taken with all other 1,715
percentages of permanent impairment, exceeds one hundred per 1,716
cent. Notwithstanding division (H) of section 4123.511 of the 1,718
Revised Code, the bureau or a self-insuring employer shall pay a 1,720
permanent partial impairment award within twenty-one days after
the date on which an order fixing the employee's percentage of 1,722
permanent partial impairment becomes final. 1,723
41
As used in this division, "date of disease" means the date 1,726
an occupational disease is first diagnosed by a licensed
physician, or for an occupational disease described in divisions 1,727
(A) through (AA) of section 4123.68 of the Revised Code or other 1,731
occupational disease that results from exposure to 1,732
fibrosis-producing or toxic dusts, fumes, mists, vapors, gases, 1,733
or liquids, or other toxic materials, or a combination of those, 1,734
the date that the employee first misses work as a result of the 1,735
occupational disease. 1,736
(9) When an award under division (A) of this section has 1,740
been made prior to the death of an employee, all unpaid 1,741
installments accrued or to accrue under the provisions of the 1,742
award are payable to the surviving spouse, or if there is no 1,743
surviving spouse, to the dependent children of the employee, and 1,744
if there are no children surviving, then to other dependents as 1,745
the administrator determines. 1,746
(B) In cases included in the following schedule the 1,748
compensation payable per week to the employee is the statewide 1,749
average weekly wage as defined in division (C) of section 4123.62 1,750
of the Revised Code per week and shall continue during the 1,751
periods provided in the following schedule: 1,752
For the loss of a thumb, sixty weeks. 1,754
For the loss of a first finger, commonly called index 1,756
finger, thirty-five weeks. 1,757
For the loss of a second finger, thirty weeks. 1,759
For the loss of a third finger, twenty weeks. 1,761
For the loss of a fourth finger, commonly known as the 1,763
little finger, fifteen weeks. 1,764
The loss of a second, or distal, phalange of the thumb is 1,766
considered equal to the loss of one half of such thumb; the loss 1,767
of more than one half of such thumb is considered equal to the 1,768
loss of the whole thumb. 1,769
The loss of the third, or distal, phalange of any finger is 1,771
considered equal to the loss of one-third of the finger. 1,772
42
The loss of the middle, or second, phalange of any finger 1,774
is considered equal to the loss of two-thirds of the finger. 1,775
The loss of more than the middle and distal phalanges of 1,777
any finger is considered equal to the loss of the whole finger. 1,778
In no case shall the amount received for more than one finger 1,779
exceed the amount provided in this schedule for the loss of a 1,780
hand. 1,781
For the loss of the metacarpal bone (bones of the palm) for 1,783
the corresponding thumb, or fingers, add ten weeks to the number 1,784
of weeks under this division. 1,785
For ankylosis (total stiffness of) or contractures (due to 1,787
scars or injuries) which makes any of the fingers, thumbs, or 1,788
parts of either useless, the same number of weeks apply to the 1,789
members or parts thereof as given for the loss thereof. 1,790
If the claimant has suffered the loss of two or more 1,792
fingers by amputation or ankylosis and the nature of the 1,793
claimant's employment in the course of which the claimant was 1,795
working at the time of the injury or occupational disease is such 1,796
that the handicap or impairment resulting from the loss of 1,797
fingers, or loss of use of fingers, exceeds the normal handicap 1,799
or impairment resulting from the loss of fingers, or loss of use 1,801
of fingers, the administrator may take that fact into 1,802
consideration and increase the award of compensation accordingly, 1,803
but the award made shall not exceed the amount of compensation 1,804
for loss of a hand. 1,805
For the loss of a hand, one hundred seventy-five weeks. 1,807
For the loss of an arm, two hundred twenty-five weeks. 1,809
For the loss of a great toe, thirty weeks. 1,811
For the loss of one of the toes other than the great toe, 1,813
ten weeks. 1,814
The loss of more than two-thirds of any toe is considered 1,816
equal to the loss of the whole toe. 1,817
The loss of less than two-thirds of any toe is considered 1,819
no loss, except as to the great toe; the loss of the great toe up 1,820
43
to the interphalangeal joint is co-equal to the loss of one-half 1,821
of the great toe; the loss of the great toe beyond the 1,822
interphalangeal joint is considered equal to the loss of the 1,823
whole great toe. 1,824
For the loss of a foot, one hundred fifty weeks. 1,826
For the loss of a leg, two hundred weeks. 1,828
For the loss of the sight of an eye, one hundred 1,830
twenty-five weeks. 1,831
For the permanent partial loss of sight of an eye, the 1,833
portion of one hundred twenty-five weeks as the administrator in 1,834
each case determines, based upon the percentage of vision 1,835
actually lost as a result of the injury or occupational disease, 1,836
but, in no case shall an award of compensation be made for less 1,837
than twenty-five per cent loss of uncorrected vision. "Loss of 1,838
uncorrected vision" means the percentage of vision actually lost 1,839
as the result of the injury or occupational disease. 1,840
For the permanent and total loss of hearing of one ear, 1,842
twenty-five weeks; but in no case shall an award of compensation 1,843
be made for less than permanent and total loss of hearing of one 1,844
ear. 1,845
For the permanent and total loss of hearing, one hundred 1,847
twenty-five weeks; but, except pursuant to the next preceding 1,848
paragraph, in no case shall an award of compensation be made for 1,849
less than permanent and total loss of hearing. 1,850
In case an injury or occupational disease results in 1,852
serious facial or head disfigurement which either impairs or may 1,853
in the future impair the opportunities to secure or retain 1,854
employment, the administrator shall make an award of compensation 1,855
as the administrator deems proper and equitable, in view of the 1,857
nature of the disfigurement, and not to exceed the sum of five 1,858
thousand dollars. For the purpose of making the award, it is not 1,859
material whether the employee is gainfully employed in any 1,860
occupation or trade at the time of the administrator's 1,861
determination.
44
When an award under this division has been made prior to 1,863
the death of an employee all unpaid installments accrued or to 1,864
accrue under the provisions of the award shall be payable to the 1,865
surviving spouse, or if there is no surviving spouse, to the 1,866
dependent children of the employee and if there are no such 1,867
children, then to such dependents as the administrator 1,868
determines. 1,869
When an employee has sustained the loss of a member by 1,871
severance, but no award has been made on account thereof prior to 1,872
the employee's death, the administrator shall make an award in 1,874
accordance with this division for the loss which shall be payable 1,875
to the surviving spouse, or if there is no surviving spouse, to 1,876
the dependent children of the employee and if there are no such 1,877
children, then to such dependents as the administrator 1,878
determines. 1,879
(C) Compensation for partial impairment under divisions 1,882
(A) and (B) of this section is in addition to the compensation 1,883
paid the employee pursuant to section 4123.56 of the Revised 1,884
Code. A claimant may receive compensation under divisions (A) 1,885
and (B) of this section. No employee may receive compensation 1,887
under division (A) of this section or receive a medical 1,888
examination provided for by this section during the time in which 1,889
that employee is receiving compensation under section 4123.58 of 1,891
the Revised Code in any claim or is receiving compensation under 1,893
section 4123.56 of the Revised Code on the same claim in which 1,894
the employee is seeking compensation under this section. The 1,895
employee shall list on the application specified in divisions 1,896
(A)(1) and (2) of this section the claim numbers of all other 1,897
claims for which the employee is a claimant. 1,898
In all cases arising under division (B) of this section, if 1,900
it is determined by any one of the following: (1) the amputee 1,901
clinic at University hospital, Ohio state university; (2) the 1,902
rehabilitation services commission; (3) an amputee clinic or 1,903
prescribing physician approved by the administrator or the 1,904
45
administrator's designee, that an injured or impaired employee is 1,906
in need of an artificial appliance, or in need of a repair 1,908
thereof, regardless of whether the appliance or its repair will 1,909
be serviceable in the vocational rehabilitation of the injured 1,910
employee, and regardless of whether the employee has returned to 1,911
or can ever again return to any gainful employment, the bureau 1,912
shall pay the cost of the artificial appliance or its repair out 1,913
of the surplus created by division (B) of section 4123.34 of the 1,914
Revised Code.
In those cases where a rehabilitation services commission 1,916
recommendation that an injured or impaired employee is in need of 1,918
an artificial appliance would conflict with their state plan, 1,919
adopted pursuant to the "Rehabilitation Act of 1973," 87 Stat. 1,920
355, 29 U.S.C.A. 701, the administrator or the administrator's 1,922
designee or the bureau may obtain a recommendation from an 1,923
amputee clinic or prescribing physician that they determine 1,924
appropriate.
(D) If an employee makes application for a finding and is 1,927
found to have contracted silicosis as defined in division (X), or 1,928
coal miners' pneumoconiosis as defined in division (Y), or 1,929
asbestosis as defined in division (AA) of section 4123.68 of the 1,930
Revised Code, and it is found that a change of such employee's 1,931
occupation is medically advisable in order to decrease 1,933
substantially further exposure to silica dust, asbestos, or coal 1,934
dust and if the employee, after the finding, has changed or shall 1,935
change the employee's occupation to an occupation in which the 1,937
exposure to silica dust, asbestos, or coal dust is substantially 1,938
decreased, the employee shall receive an amount equal to fifty 1,939
per cent of the statewide average weekly wage per week for a 1,941
period of thirty weeks, commencing as of the date of the 1,942
discontinuance or change, and for a period of one hundred weeks 1,943
immediately following the expiration of the period of thirty 1,944
weeks, the employee shall receive sixty-six and two-thirds per 1,946
cent of the loss of wages resulting directly and solely from the 1,947
46
change of occupation but not to exceed a maximum of an amount 1,948
equal to fifty per cent of the statewide average weekly wage per 1,949
week. No such employee is entitled to receive more than one 1,950
allowance on account of discontinuance of employment or change of 1,951
occupation and benefits shall cease for any period during which 1,952
the employee is employed in an occupation in which the exposure 1,953
to silica dust, asbestos, or coal dust is not substantially less 1,954
than the exposure in the occupation in which the employee was 1,955
formerly employed or for any period during which the employee may 1,957
be entitled to receive compensation or benefits under section 1,958
4123.68 of the Revised Code on account of disability from 1,959
silicosis, asbestosis, or coal miners' pneumoconiosis. An award 1,960
for change of occupation for a coal miner who has contracted coal 1,961
miners' pneumoconiosis may be granted under this division even 1,962
though the coal miner continues employment with the same 1,964
employer, so long as the coal miner's employment subsequent to 1,966
the change is such that the coal miner's exposure to coal dust is 1,968
substantially decreased and a change of occupation is certified 1,969
by the claimant as permanent. Medical and other benefits shall 1,970
be paid to the employee in accordance with section 4123.66 of the 1,972
Revised Code.
(E) If a firefighter or police officer makes application 1,975
for a finding and the administrator finds that the firefighter or 1,976
police officer has contracted a cardiovascular and pulmonary 1,978
disease as defined in division (W) of section 4123.68 of the 1,979
Revised Code, and that a change of the firefighter's or police 1,980
officer's occupation is medically advisable in order to decrease 1,982
substantially further exposure to smoke, toxic gases, chemical 1,983
fumes, and other toxic vapors, and if the firefighter, or police 1,984
officer, after the finding, has changed or changes occupation to 1,986
an occupation in which the exposure to smoke, toxic gases, 1,987
chemical fumes, and other toxic vapors is substantially 1,988
decreased, the administrator shall allow to the firefighter or 1,989
police officer an amount equal to fifty per cent of the statewide 1,991
47
average weekly wage per week for a period of thirty weeks, 1,992
commencing as of the date of the discontinuance or change, and 1,993
for a period of seventy-five weeks immediately following the 1,994
expiration of the period of thirty weeks the administrator shall 1,995
allow the firefighter or police officer sixty-six and two-thirds 1,997
per cent of the loss of wages resulting directly and solely from 1,998
the change of occupation but not to exceed a maximum of an amount 1,999
equal to fifty per cent of the statewide average weekly wage per 2,000
week. No such firefighter or police officer is entitled to 2,002
receive more than one allowance on account of discontinuance of 2,003
employment or change of occupation and benefits shall cease for 2,004
any period during which the firefighter or police officer is 2,005
employed in an occupation in which the exposure to smoke, toxic 2,007
gases, chemical fumes, and other toxic vapors is not 2,008
substantially less than the exposure in the occupation in which 2,009
the firefighter or police officer was formerly employed or for 2,010
any period during which the firefighter or police officer may be 2,012
entitled to receive compensation or benefits under section 2,013
4123.68 of the Revised Code on account of disability from a 2,014
cardiovascular and pulmonary disease. The administrator may 2,015
accord to the firefighter or police officer medical and other 2,017
benefits in accordance with section 4123.66 of the Revised Code. 2,018
(F) An order issued under division (B), (D), or (E) of 2,021
this section is appealable pursuant to section 4123.511 of the 2,022
Revised Code but is not appealable to court under section 2,023
4123.512 of the Revised Code.
Section 2. That existing sections 2317.45, 4121.12, 2,025
4121.121, 4121.125, 4123.34, 4123.511, 4123.512, and 4123.57 of 2,026
the Revised Code are hereby repealed. 2,028
Section 3. The Administrator of Workers' Compensation 2,030
shall submit a series of reports to the Workers' Compensation 2,031
Oversight Commission, the Office of Budget and Management, the 2,032
Legislative Budget Office of the Legislative Service Commission, 2,033
and the General Assembly semiannually during the 1997-1999 2,035
48
biennium, beginning on or before October 1, 1997, containing
information relative to all of the following: 2,037
(A) The premium cost per worker, which reports the average 2,039
annual cost a state fund employer pays to provide workers' 2,040
compensation coverage for its employees. The premium cost per 2,041
worker is calculated by adding together an employer's total 2,042
amounts of premiums and assessments paid during a calendar year 2,043
and dividing that sum by the employer's average number of 2,044
workers. 2,045
(B) The claims cost per worker, which reports the average 2,047
annual benefit cost paid for each worker who is employed by a 2,048
state fund employer during the preceding twelve months. The 2,049
claims cost per worker is calculated by dividing an employer's 2,050
total claim expenses paid during the preceding twelve months by 2,051
the employer's average number of workers. 2,052
(C) The administrative cost per claim, which reports the 2,054
average annual administrative expense a state fund employer pays 2,055
to process a claim. The administrative cost per claim is 2,056
calculated by dividing an employer's total amount of 2,057
administrative expenses incurred during the preceding twelve 2,058
months by the total number of claims the employer processed. 2,059
(D) The direct loss ratio, which measures the relationship 2,061
between an employer's revenues and workers' compensation benefits 2,063
paid to an injured worker during the preceding twelve months; 2,064
(E) The rate of return generated by investments of the 2,066
Bureau of Workers' Compensation; 2,067
(F) The customer service index, which accounts for various 2,069
statistical measures reflecting the Bureau's customer service 2,070
levels; 2,071
(G) The Health Partnership Program performance index, 2,073
which measures the effectiveness of managed care organizations 2,074
working for the Bureau and reflects the quality of care, customer 2,075
satisfaction, and cost of care provided by the managed care 2,076
organizations; 2,077
49
(H) The rate of injury in the state per 1,000 workers; 2,079
(I) The average and median number of days the Bureau takes 2,081
to adjudicate an injured worker's medical bill fee; 2,082
(J) The return-to-work rate of state fund employers' 2,084
injured workers who do not receive workers' compensation benefits 2,085
for at least ninety days following their injury, which reports 2,086
the number of injured workers who returned to work as a 2,087
percentage of total injuries; 2,088
(K) The average number of days it takes for an employer or 2,090
injured worker to report an injury to the Bureau, which is 2,091
calculated by taking the average number of days between the date 2,092
of injury and the date the claim was filed with the Bureau; 2,093
(L) The percentage of indemnity claims adjudicated by the 2,095
Bureau within fourteen days of the injury. 2,096
Section 4. All items in this section are hereby 2,098
appropriated out of any moneys in the state treasury to the 2,099
credit of the designated fund. For all appropriations made in 2,100
this act, those in the first column are for fiscal year 1998, and 2,101
those in the second column are for fiscal year 1999.
BWC BUREAU OF WORKERS' COMPENSATION 2,102
FND ALI ALI TITLE FY 1998 FY 1999 2,105
Workers' Compensation Fund Group 2,107
023 855-401 William Green Lease 2,110
Payments to OBA $ 14,665,000 $ 15,465,000 2,112
4Y6 855-611 J.L. Camera Center 2,114
Rent $ 1,592,800 $ 1,681,997 2,116
4Y6 855-612 J.L. Camera Center 2,118
Operating $ 7,381,302 $ 7,345,026 2,120
023 855-407 Claims, Risk & 2,122
Medical Management $ 129,400,786 $ 123,784,337 2,124
023 855-408 Fraud Prevention $ 9,000,705 $ 8,111,383 2,128
023 855-409 Administrative 2,130
Services $ 111,629,196 $ 114,654,976 2,132
023 855-410 Attorney General 2,134
50
Payments $ 3,017,914 $ 3,227,422 2,136
825 855-605 DWRF $ 635,629 $ 651,961 2,140
822 855-606 Coal Workers' Fund $ 73,684 $ 75,545 2,144
823 855-608 Marine Industry $ 42,536 $ 43,599 2,148
826 855-609 Safety & Hygiene $ 17,981,552 $ 17,991,764 2,152
TOTAL WCF Workers' Compensation 2,153
Fund Group $ 295,421,104 $ 293,033,010 2,156
TOTAL ALL BUDGET FUND GROUPS $ 295,421,104 $ 293,033,010 2,159
Safety and Hygiene 2,162
Notwithstanding section 4121.37 of the Revised Code, the 2,164
Administrator of the Bureau of Workers' Compensation shall 2,165
transfer moneys from the State Insurance Fund so that 2,166
appropriation line item 855-609, Safety and Hygiene, is provided
$17,981,552 in fiscal year 1998 and $17,991,764 in fiscal year 2,167
1999.
Workers' Compensation Fraud Unit 2,169
The Workers' Compensation Section Fund (Fund 195) shall 2,171
receive payments from the Bureau of Workers' Compensation at the 2,172
beginning of each quarter of each fiscal year to fund expenses of 2,173
the Workers' Compensation Fraud Unit of the Attorney General's 2,174
Office. Of the foregoing appropriation item 855-410, Attorney 2,175
General Payments, $659,151 in fiscal year 1998 and $676,002 in
fiscal year 1999 shall be used to provide such payments. 2,176
William Green Lease Payments 2,178
The foregoing appropriation item 855-401, William Green 2,180
Lease Payments to OBA, shall be used for lease payments to the 2,181
Ohio Building Authority, and these appropriations shall be used 2,182
to meet all payments at the times they are required to be made 2,183
during the period from July 1, 1997, to June 30, 1999, by the 2,184
Bureau of Workers' Compensation to the Ohio Building Authority
pursuant to leases and agreements made under Chapter 152. of the 2,185
Revised Code and Section 6 of Am. Sub. H.B. 743 of the 118th 2,186
General Assembly. Of the amounts received in Fund 023, 2,187
appropriation line item 855-401, up to $30,130,000 shall be
51
restricted for lease rental payments to the Ohio Building 2,188
Authority. If it is determined that additional appropriations 2,189
are necessary for such purpose, such amounts are hereby 2,190
appropriated.
Notwithstanding any other provision of law to the contrary, 2,192
all tenants of the William Green Building not funded by the 2,193
Workers' Compensation Fund (Fund 023) shall pay their fair share 2,194
of the costs of lease payments to the Workers' Compensation Fund 2,195
(Fund 023) by intrastate transfer voucher.
Camera Center 2,197
The Camera Center Fund (Fund 4Y6) created in division (F) 2,199
of section 4121.62 of the Revised Code shall receive revenues 2,200
raised by the fees Camera Center charges for its services and 2,201
rent paid by tenants of the Center's facilities. The foregoing 2,202
appropriation item 855-611, J.L. Camera Center Rent, shall be
used to pay rent, including building operating expenses, of the 2,203
J. Leonard Camera Rehabilitation Center in Columbus. The 2,204
foregoing appropriation item 855-612, J.L. Camera Center 2,205
Operating, shall be used for all other expenses for the Center. 2,206
The Bureau of Workers' Compensation shall not consider 2,208
appropriations made to the Camera Center Fund (Fund 4Y6) when 2,209
establishing administrative cost rates.
Balances 2,211
Notwithstanding any provision of law to the contrary, the 2,213
Director of Budget and Management shall make any transfers of 2,214
cash balances between funds made necessary by the creation of new 2,215
funds, or the consolidation of funds as authorized by the General 2,216
Assembly. Within the first five days after the effective date of 2,217
this section, the administering agency head shall certify to the 2,218
Director an estimate of the amount of the cash balance to be
transferred to the receiving fund. The Director may transfer the 2,219
estimated amount when needed to make payments. Within thirty 2,220
days after the effective date of this section, the administering 2,221
agency head shall certify the final amount to the Director. The 2,222
52
Director shall transfer the difference between any estimated
amount previously transferred and such certified final amount. 2,223
To implement such funding changes as described above 2,225
pertaining to prior year encumbrance balances and commensurate 2,226
appropriation authority, in fiscal year 1998 the Director of 2,227
Budget and Management may cancel encumbrances outstanding on June 2,228
30, 1997, and reestablish such prior year encumbrances or parts 2,229
of encumbrances as needed in fiscal year 1998 in the appropriate
fund or appropriation line item as authorized in this act for the 2,230
same purpose and to the same vendor. As determined by the 2,231
Director, the appropriation authority necessary to reestablish 2,232
such prior year encumbrances in fiscal year 1998 in a different 2,233
fund or appropriation line item within an agency or between
agencies is hereby authorized. The Director shall reduce each 2,234
prior year's appropriation authority by the amount of the 2,235
encumbrances canceled in their respective funds and appropriation 2,236
line items.
Vocational Rehabilitation 2,238
The Bureau of Workers' Compensation and the Rehabilitation 2,240
Services Commission shall enter into an interagency agreement for 2,241
the provision of vocational rehabilitation services and staff to 2,242
mutually eligible clients. The Bureau shall provide $519,608 in 2,243
fiscal year 1998 and $534,157 in fiscal year 1999 from the State 2,244
Insurance Fund to fund vocational rehabilitation services and 2,245
staff in accordance with the interagency agreement. 2,246
Fund Balance 2,248
Any unencumbered cash balance in excess of $45,000,000 in 2,250
the Workers' Compensation Fund (Fund 023) on the thirtieth day of 2,251
June of each fiscal year shall be used to reduce the 2,252
administrative cost rate charged to employers to cover 2,253
appropriations for Bureau of Workers' Compensation and Industrial 2,254
Commission operations. 2,255
Section 5. Accounting 2,257
Within the limits set forth in this act, the Director of 2,260
53
Budget and Management shall establish accounts indicating the 2,261
source and amount of funds for each appropriation made in this
act, and shall determine the form and manner in which 2,262
appropriation accounts shall be maintained. 2,263
The appropriations made in this act are subject to all 2,265
provisions of the main operating appropriations act of the 122nd 2,266
General Assembly that are generally applicable to such 2,267
appropriations.
Section 6. Reissuance of Voided Warrants 2,269
In order to provide funds for the reissuance of voided 2,271
warrants pursuant to section 117.47 of the Revised Code, there is 2,272
hereby appropriated, out of moneys in the state treasury from the 2,273
fund credited as provided in section 117.47 of the Revised Code, 2,274
that amount sufficient to pay such warrants when approved by the 2,275
Office of Budget and Management. 2,276
Section 7. Judgments Against State 2,278
Any appropriations contained in this act, except those to 2,280
be applied to or used for payment of guarantees by or on behalf 2,281
of the state or for debt service on bonds, notes, or certificates 2,282
of participation, may be used pursuant to section 2743.15, 2,283
2743.19, or 2743.191 of the Revised Code for the purpose of 2,284
satisfying judgments, settlements, or administrative awards 2,285
ordered or approved by the Court of Claims in connection with 2,286
civil actions against the state. 2,287
Section 8. Reappropriation of Unexpended Balances 2,289
Notwithstanding section 131.33 of the Revised Code, 2,291
unexpended balances of appropriations and reappropriations 2,292
against which encumbrances have been lawfully incurred by a state 2,293
agency are, at the close of fiscal year 1997, to the extent of 2,294
such encumbrances, hereby reappropriated from the funds from 2,295
which they were originally appropriated and reappropriated and, 2,296
except for encumbrances for items of special order manufacture 2,297
not available on term contract or open market, made available for 2,298
the purpose of discharging such encumbrances for a period of five 2,299
54
months from the end of the fiscal year. Unexpended balances of 2,300
appropriations and reappropriations against which encumbrances 2,301
for items of special order manufacture not available on term 2,302
contract or in the open market have been lawfully incurred are, 2,303
at the close of the fiscal year, to the extent of such 2,304
encumbrances, hereby reappropriated and made available for the
purpose of discharging such encumbrances for a period of five 2,305
months from the end of the fiscal year or, if the Director of 2,306
Budget and Management approves, for a period of not more than 2,307
twelve months from the end of the fiscal year. 2,308
Any items for which unexpended balances are reappropriated 2,310
beyond a five-month period from the end of the fiscal year shall 2,311
be reported to the Controlling Board by the Director of Budget 2,312
and Management. The report on each such item shall include the 2,313
item, the cost of the item, the vendor involved, and the delivery 2,314
date. Such reports to the board shall be updated on a quarterly 2,315
basis while the encumbrance remains open. 2,316
After any such period, reappropriations made for the 2,318
purpose of discharging encumbrances for operating expenses, 2,319
defined as those encumbrances incurred for personal services, 2,320
maintenance, and equipment, are canceled. Reappropriations for 2,321
encumbrances other than operating expenses or items of special 2,322
manufacture not available on term contract or in the open market 2,323
may be extended by obtaining the approval of the Director of 2,324
Budget and Management.
Section 9. If any item of law that constitutes the whole 2,326
or part of a codified or uncodified section of law contained in 2,327
this act, or if any application of any item of law that 2,328
constitutes the whole or part of a codified or uncodified section 2,330
of law contained in this act, is held invalid, the invalidity 2,331
does not affect other items of law or applications of items of 2,332
law that can be given effect without the invalid item of law or 2,333
application. To this end, the items of law of which the codified 2,334
and uncodified sections contained in this act are composed, and 2,335
55
their applications, are independent and severable.
Section 10. Except as otherwise specifically provided in 2,337
this act, the codified and uncodified sections of law contained 2,338
in this act, and the items of law of which the codified and 2,339
uncodified sections of law contained in this act are composed, 2,340
are not subject to the referendum. Therefore, under Ohio 2,341
Constitution, Article II, Section 1d and section 1.471 of the 2,342
Revised Code, the codified and uncodified sections of law 2,343
contained in this act, and the items of law of which the codified 2,345
and uncodified sections of law contained in this act are 2,346
composed, except as otherwise specifically provided in this act, 2,347
go into immediate effect when this act becomes law.
Section 11. Sections 2317.45, 4121.12, 4121.121, 4121.125, 2,349
4123.511, and 4123.512 of the Revised Code, as amended or enacted 2,350
by this act, and the items of law of which such sections, as 2,352
amended or enacted by this act, are composed, are subject to the 2,353
referendum. Therefore, under Ohio Constitution, Article II, 2,354
Section 1c and section 1.471 of the Revised Code, such sections 2,355
as amended or enacted by this act, and the items of law of which 2,356
such sections as amended or enacted by this act are composed, 2,357
take effect on the ninety-first day after this act is filed with 2,358
the Secretary of State. If, however, a referendum petition is 2,359
filed against any such section as amended or enacted by this act, 2,360
or against any item of law of which any such section as amended 2,361
or enacted by this act is composed, the section as amended or 2,362
enacted, or item of law, unless rejected at the referendum, takes 2,363
effect at the earliest time permitted by law. 2,364
Section 12. That Sections 3 and 6 of Am. Sub. S.B. 45 of 2,366
the 122nd General Assembly be amended to read as follows: 2,368
"Sec. 3. (A) Except as provided in division (B) of this 2,370
section, the provisions of this act AM. SUB. S. B. 45 OF THE 2,372
122nd GENERAL ASSEMBLY apply to all claims pursuant to Chapters 2,374
4121., 4123., 4127., and 4131. of the Revised Code arising on and 2,375
after the effective date of this act JULY 22, 1997. 2,376
56
(B) The following apply to all claims pursuant to Chapters 2,378
4121., 4123., 4127., and 4131. of the Revised Code pending on the 2,379
effective date of this act JULY 22, 1997: 2,380
(1) The provision in division (B)(1) of section 4123.56 of 2,382
the Revised Code, as amended by this act AM. SUB. S.B. 45 OF THE 2,384
122nd GENERAL ASSEMBLY, allowing an employer to voluntarily 2,386
commence payment of compensation for temporary disability; 2,387
(2) The provision in division (C)(2) of section 4123.56 of 2,389
the Revised Code, as amended by this act AM. SUB. S.B. 45 OF THE 2,391
122nd GENERAL ASSEMBLY, allowing an employee to file an 2,393
application for and receive wage loss compensation pursuant to 2,394
that division without affecting the employee's application for 2,395
permanent total impairment compensation;
(3) THE PROVISIONS OF SECTION 4123.65 OF THE REVISED CODE, 2,398
AS AMENDED BY AM. SUB. S.B. 45 OF THE 122nd GENERAL ASSEMBLY. 2,399
(C) The provision in division (A) of section 4123.57, as 2,401
amended by this act, allowing an employee to file an application 2,403
for the determination of the percentage of the employee's 2,404
permanent partial impairment after the employee has reached 2,405
maximum medical improvement AM. SUB. S.B. 45 OF THE 122nd GENERAL 2,406
ASSEMBLY, APPLIES TO ALL CLAIMS PENDING ON JULY 1, 1998. 2,407
Sec. 6. The Administrator of Workers' Compensation shall 2,410
study the incidence of OCCURRENCE OF occupational diseases in the 2,411
health care professions, LISTED IN SECTION 4123.68 OF THE REVISED 2,413
CODE AND THE INCIDENCE OF OCCURRENCE OF OCCUPATIONAL DISEASES NOT 2,414
SPECIFIED IN STATUTE as the Administrator determines necessary, 2,415
TO DETERMINE THE FREQUENCY OF OCCURRENCE OF THOSE DISEASES, 2,416
WHETHER ANY DISEASES SHOULD BE ADDED TO OR DELETED FROM THE 2,417
SCHEDULE, and the adequacy of Chapters 4121., 4123., 4127., and 2,418
4131. of the Revised Code in addressing ALL occupational diseases 2,419
that arise in those professions. The study shall specifically 2,420
include latent occupational diseases. The Administrator shall 2,421
report the results of the study to the Speaker of the House of 2,422
Representatives and the President of the Senate no later than 2,423
57
July 1, 1998." 2,424
Section 13. That existing Sections 3 and 6 of Am. Sub. 2,426
S.B. 45 of the 122nd General Assembly are hereby repealed. 2,428
Section 14. Section 4123.57 of the Revised Code is amended 2,433
by this act and also by Am. Sub. S.B. 45 of the 122nd General 2,434
Assembly, effective July 22, 1997. The amendments of Am. Sub. 2,435
S.B. 45 are included in this act to confirm the intention to 2,436
retain them, but are not intended to be effective until July 22, 2,437
1997.