As Reported by the Senate Insurance, Commerce and Labor Committee 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 558 5
1997-1998 6
REPRESENTATIVES WISE-CATES-WESTON-MAIER-COUGHLIN-GARCIA- 8
METELSKY-MALLORY-THOMAS-O'BRIEN-NETZLEY-JAMES-GRENDELL- 9
HOUSEHOLDER-COLONNA-JACOBSON-PRINGLE-HEALY-BOYD-LUCAS-SULZER- 10
HARRIS-HODGES-WACHTMANN-PATTON-HARTLEY-LOGAN-WILLIAMS- 11
MOTTLEY-KRUPINSKI-KASPUTIS-DAMSCHRODER-STAPLETON-CAREY- 12
REID-MYERS-TERWILLEGER-PADGETT-SALERNO-VERICH-SUTTON- 13
TAVARES-MOTTL-VESPER-PERZ-FORD-SAWYER-YOUNG-OPFER-BEATTY- 14
JONES-METZGER-JOHNSON-BENDER-KREBS-WOMER BENJAMIN-ALLEN- 15
CLANCY-BATEMAN-CALLENDER-ROMAN-BUCHY-PRENTISS-WILSON- 16
JERSE-MILLER-BRITTON-OLMAN-SCHULER- 17
SENATORS SUHADOLNIK-WATTS 18
20
A B I L L
To amend sections 4121.12, 4123.01, and 4123.46 of 22
the Revised Code to provide workers' compensation 23
coverage for off-duty peace officers, 24
firefighters, and emergency medical technicians 26
who are injured or killed while responding to an 28
emergency situation, to require that payment for 29
those claims be paid from the Workers' 30
Compensation Surplus Fund rather than the State 32
Insurance Fund, and to require the Workers' 33
Compensation Oversight Commission to meet a
minimum of nine times annually. 34
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 35
Section 1. That sections 4121.12, 4123.01, and 4123.46 of 37
the Revised Code be amended to read as follows: 38
Sec. 4121.12. (A) There is hereby created the workers' 47
compensation oversight commission consisting of nine members, of 48
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which members the governor shall appoint five with the advice and 49
consent of the senate. Of the five members the governor 50
appoints, two shall be individuals who, on account of their 52
previous vocation, employment, or affiliations, can be classed as 53
representative of employees, at least one of whom is
representative of employees who are members of an employee 54
organization; two shall be individuals who, on account of their 55
previous vocation, employment, or affiliations, can be classed as 56
representative of employers, one of whom represents self-insuring 57
employers and one of whom has experience as an employer in 58
compliance with section 4123.35 of the Revised Code other than a 59
self-insuring employer, and one of those two representatives also
shall represent employers whose employees are not members of an 60
employee organization; and one shall represent the public and 61
also be an individual who, on account of the individual's 62
previous vocation, employment, or affiliations, cannot be classed 63
as either predominantly representative of employees or of 64
employers. The governor shall select the chairperson of the 65
commission who shall serve as chairperson at the pleasure of the 66
governor. No more than three members appointed by the governor 68
shall belong to or be affiliated with the same political party. 69
Each of these five members shall have at least three years' 71
experience in the field of insurance, finance, workers' 72
compensation, law, accounting, actuarial, personnel, investments, 73
or data processing, or in the management of an organization whose 74
size is commensurate with that of the bureau of workers' 75
compensation. At least one of these five members shall be an 76
attorney licensed under Chapter 4705. of the Revised Code to 77
practice law in this state. 78
(B) Of the initial appointments made to the commission, 81
the governor shall appoint one member who represents employees to 82
a term ending one year after September 1, 1995, one member who 83
represents employers to a term ending two years after the 85
effective date of this section, the member who represents the 86
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public to a term ending three years after September 1, 1995, one 87
member who represents employees to a term ending four years after 88
September 1, 1995, and one member who represents employers to a 89
term ending five years after September 1, 1995. Thereafter, 90
terms of office shall be for five years, with each term ending on 91
the same day of the same month as did the term that it succeeds. 92
Each member shall hold office from the date of his appointment 93
until the end of the term for which the member was appointed. 94
The governor shall not appoint any person to more than two 96
full terms of office on the commission. This restriction does 97
not prevent the governor from appointing a person to fill a 98
vacancy caused by the death, resignation, or removal of a 99
commission member and also appointing that person twice to full 100
terms on the commission, or from appointing a person previously 101
appointed to fill less than a full term twice to full terms on 102
the commission. Any member appointed to fill a vacancy occurring 103
prior to the expiration date of the term for which the member's 105
predecessor was appointed shall hold office as a member for the
remainder of that term. A member shall continue in office 106
subsequent to the expiration date of the member's term until a 107
successor takes office or until a period of sixty days has 108
elapsed, whichever occurs first. 109
(C) In making appointments to the commission, the governor 111
shall select the members from the list of names submitted by the 113
workers' compensation oversight commission nominating committee 114
pursuant to this division. Within fourteen days after the 115
governor calls the initial meeting of the nominating committee
pursuant to division (C) of section 4121.123 of the Revised Code, 116
the nominating committee shall submit to the governor, for the 117
initial appointments, a list containing four separate names for 118
each of the members on the commission. Within fourteen days 120
after the submission of the list, the governor shall appoint 121
individuals from the list.
For the appointment of the member who is representative of 123
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employees who are members of an employee organization, both for 124
initial appointments and for the filling of vacancies, the list 125
of four names submitted by the nominating committee shall be 126
comprised of four individuals who are members of the executive 127
committee of the largest statewide labor federation.
Thereafter, within sixty days after a vacancy occurring as 130
a result of the expiration of a term and within thirty days after 131
other vacancies occurring on the commission, the nominating
committee shall submit a list containing four names for each 132
vacancy. Within fourteen days after the submission of the list, 133
the governor shall appoint individuals from the list. With 134
respect to the filling of vacancies, the nominating committee 135
shall provide the governor with a list of four individuals who 136
are, in the judgment of the nominating committee, the most fully 137
qualified to accede to membership on the commission. The 138
nominating committee shall not include the name of an individual 139
upon the list for the filling of vacancies if the appointment of
that individual by the governor would result in more than three 140
members of the commission belonging to or being affiliated with 141
the same political party. The committee shall include on the 142
list for the filling of vacancies only the names of attorneys 143
admitted to practice law in this state if, to fulfill the
requirement of division (A) of section 4121.12 of the Revised 144
Code, the vacancy must be filled by an attorney. 145
In order for the name of an individual to be submitted to 147
the governor under this division, the nominating committee shall 148
approve the individual by an affirmative vote of a majority of 149
its members.
(D) The remaining four members of the commission shall be 152
the chairperson and ranking minority member of the standing 153
committees of the house of representatives and of the senate to
which legislation concerning this chapter and Chapters 4123., 154
4127., and 4131. of the Revised Code normally are referred, or a 156
designee of the chairperson or ranking minority member, provided 157
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that the designee is a member of the standing committee. 158
Legislative members shall serve during the session of the general 159
assembly to which they are elected and for as long as they are 160
members of the general assembly. Legislative members shall serve 161
in an advisory capacity to the commission and shall have no 162
voting rights on matters coming before the commission. 163
Membership on the commission by legislative members shall not be
deemed as holding a public office. 164
(E) All members of the commission shall receive their 167
reasonable and necessary expenses pursuant to section 126.31 of 168
the Revised Code while engaged in the performance of their duties 170
as members. Legislative members also shall receive fifty dollars 171
per meeting that they attend. Members appointed by the governor 172
also shall receive an annual salary as follows:
(1) On and before August 31, 1998, not to exceed six 175
thousand dollars payable at the rate of five hundred dollars per 176
month. A member shall receive the monthly five hundred dollar 177
salary only if the member has attended at least one meeting of 179
the commission during that month. A member may receive no more
than the monthly five hundred dollar salary regardless of the 180
number of meetings held by the commission during a month or the 181
number of meetings in excess of one within a month that the 182
member attends.
(2) After August 31, 1998, not to exceed eighteen thousand 185
dollars payable at the rate of fifteen hundred dollars per month.
A ON THE FOLLOWING BASIS: 186
(a) EXCEPT AS PROVIDED IN DIVISION (E)(2)(b) OF THIS 189
SECTION, A member shall receive the monthly fifteen hundred 190
dollar salary only if TWO THOUSAND DOLLARS DURING A MONTH IN 191
WHICH the member has attended at least ATTENDS one meeting OR 192
MORE MEETINGS of the commission during that month AND SHALL 194
RECEIVE NO PAYMENT DURING A MONTH IN WHICH THE MEMBER ATTENDS NO
MEETING OF THE COMMISSION. A 195
(b) A member may receive no more than the monthly fifteen 197
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hundred ANNUAL EIGHTEEN THOUSAND dollar salary regardless of the 199
number of meetings held by the commission during the month A YEAR 200
or the number of meetings in excess of one NINE within a month 202
YEAR that the member attends. 203
THE CHAIRPERSON OF THE COMMISSION SHALL SET THE MEETING 205
DATES OF THE COMMISSION AS NECESSARY TO PERFORM THE DUTIES OF THE 206
COMMISSION UNDER THIS CHAPTER AND CHAPTERS 4123., 4127., AND 207
4131. OF THE REVISED CODE. THE COMMISSION SHALL MEET AT LEAST 208
NINE TIMES DURING THE PERIOD COMMENCING ON THE FIRST DAY OF 210
SEPTEMBER AND ENDING ON THE THIRTY-FIRST DAY OF AUGUST OF THE 211
FOLLOWING YEAR. The administrator of workers' compensation shall 212
provide professional and clerical assistance to the commission, 214
as the commission considers appropriate. 215
(F) The commission shall: 217
(1) Review progress of the bureau in meeting its cost and 220
quality objectives and in complying with this chapter and 221
Chapters 4123., 4127., and 4131. of the Revised Code; 222
(2) Issue an annual report on the cost and quality 224
objectives of the bureau to the president of the senate, the 226
speaker of the house of representatives, and the governor; 227
(3) Review all independent financial audits of the bureau. 229
The administrator shall provide access to records of the bureau 230
to facilitate the review required under this division. 231
(4) Study issues as requested by the administrator or the 233
governor;
(5) Contract with an independent actuarial firm to assist 235
the commission in making recommendations to the administrator 236
regarding premium rates;
(6) Establish objectives, policies, and criteria for the 239
administration of the investment program that include asset 241
allocation targets and ranges, risk factors, asset class
benchmarks, time horizons, total return objectives, and 242
performance evaluation guidelines, and monitor the 244
administrator's progress in implementing the objectives, 245
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policies, and criteria on a quarterly basis. The commission
shall publish the objectives, policies, and criteria no less than 247
annually and shall make copies available to interested parties. 248
The commission shall prohibit, on a prospective basis, specific 250
investment activity it finds to be contrary to its investment
objectives, policies, and criteria. 251
The investment policy in existence on March 7, 1997, shall 254
continue until the commission approves objectives, policies, and
criteria for the administration of the investment program 255
pursuant to this section. 256
(7) Advise and consent on all of the following: 258
(a) Administrative rules the administrator submits to it 261
pursuant to division (B)(5) of section 4121.121 of the Revised
Code for the classification of occupations or industries, for 263
premium rates and contributions, for the amount to be credited to 264
the surplus fund, for rules and systems of rating, rate 265
revisions, and merit rating;
(b) The overall policy of the bureau of workers' 268
compensation as set by the administrator;
(c) The duties and authority conferred upon the 270
administrator pursuant to section 4121.37 of the Revised Code; 271
(d) Rules the administrator adopts for the health 273
partnership program and the qualified health plan system, as 274
provided in sections 4121.44, 4121.441, and 4121.442 of the 275
Revised Code.
(8) Perform all duties required under section 4121.125 of 277
the Revised Code; 278
(9) After August 31, 2000, appoint an administrator who 280
meets the qualifications required under section 4121.121 of the 281
Revised Code and fix the salary of the administrator, the amount 283
of which the commission shall base upon the experience of the 285
administrator and the responsibilities and duties of the
administrator pursuant to this chapter and Chapters 4123., 4127., 286
and 4131. of the Revised Code. 287
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(G) The commission may enter into an employment contract 289
with an administrator it appoints, provided that the contract 290
does not exceed two years in length. 291
(I)(H) As used in this section, "employee organization" 293
means any labor or bona fide organization in which employees 295
participate and which exists for the purpose, in whole or in 297
part, of dealing with employers concerning grievances, labor 298
disputes, wages, hours, terms and other conditions of employment. 299
Sec. 4123.01. As used in this chapter: 308
(A)(1) "Employee" means: 310
(a) Every person in the service of the state, or of any 312
county, municipal corporation, township, or school district 313
therein, including regular members of lawfully constituted police 314
and fire departments of municipal corporations and townships, 315
whether paid or volunteer, and wherever serving within the state 316
or on temporary assignment outside thereof, and executive 317
officers of boards of education, under any appointment or 318
contract of hire, express or implied, oral or written, including 319
any elected official of the state, or of any county, municipal 320
corporation, or township, or members of boards of education; 321
AS USED IN DIVISION (A)(1)(a) OF THIS SECTION, THE TERM 324
"REGULAR MEMBERS OF LAWFULLY CONSTITUTED POLICE AND FIRE
DEPARTMENTS" INCLUDES THE FOLLOWING PERSONS WHEN THE PERSON 325
RESPONDS TO AN INHERENTLY DANGEROUS SITUATION THAT CALLS FOR AN 326
IMMEDIATE RESPONSE ON THE PART OF THE PERSON, REGARDLESS OF 327
WHETHER THE PERSON IS WITHIN THE LIMITS OF THE JURISDICTION OF 328
THE PERSON'S REGULAR EMPLOYMENT OR VOLUNTARY SERVICE WHEN 329
RESPONDING, ON THE CONDITION THAT THE PERSON RESPONDS TO THE 330
SITUATION AS THE PERSON OTHERWISE WOULD IF THE PERSON WERE ON 331
DUTY IN THE PERSON'S JURISDICTION.
(i) OFF-DUTY PEACE OFFICERS. AS USED IN DIVISION 334
(A)(1)(a)(i) OF THIS SECTION, "PEACE OFFICER" MEANS A MEMBER OF 335
THE ORGANIZED POLICE DEPARTMENT OF ANY MUNICIPAL CORPORATION, 336
INCLUDING A MEMBER OF THE ORGANIZED POLICE DEPARTMENT OF A 337
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MUNICIPAL CORPORATION IN AN ADJOINING STATE SERVING IN OHIO UNDER 338
A CONTRACT PURSUANT TO SECTION 737.04 OF THE REVISED CODE, MEMBER 340
OF A POLICE FORCE EMPLOYED BY A METROPOLITAN HOUSING AUTHORITY 341
UNDER DIVISION (D) OF SECTION 3735.31 OF THE REVISED CODE, MEMBER 344
OF A POLICE FORCE EMPLOYED BY A REGIONAL TRANSIT AUTHORITY UNDER
DIVISION (Y) OF SECTION 306.05 OF THE REVISED CODE, STATE 347
UNIVERSITY LAW ENFORCEMENT OFFICER APPOINTED UNDER SECTION
3345.04 OF THE REVISED CODE, OHIO VETERANS' HOME POLICE OFFICER 349
APPOINTED UNDER SECTION 5907.02 OF THE REVISED CODE, POLICE 351
CONSTABLE OF ANY TOWNSHIP, POLICE OFFICER OF A TOWNSHIP OR JOINT 352
TOWNSHIP POLICE DISTRICT, STATE HIGHWAY PATROL TROOPER, AND 353
MEMBER OF A QUALIFIED NONPROFIT CORPORATION POLICE DEPARTMENT 354
ESTABLISHED PURSUANT TO SECTION 1702.80 OF THE REVISED CODE.
AS USED IN DIVISION (A)(1)(a) OF THIS SECTION WITH RESPECT 357
TO OFF-DUTY PEACE OFFICERS, "JURISDICTION" MEANS THE LIMITS OF 358
THE MUNICIPAL CORPORATION, TOWNSHIP, METROPOLITAN HOUSING
AUTHORITY HOUSING PROJECT, REGIONAL TRANSIT AUTHORITY FACILITIES 359
OR AREAS OF A MUNICIPAL CORPORATION THAT HAVE BEEN AGREED TO BY A 360
REGIONAL TRANSIT AUTHORITY AND A MUNICIPAL CORPORATION LOCATED 361
WITHIN ITS TERRITORIAL JURISDICTION, COLLEGE, UNIVERSITY, OR OHIO 362
VETERANS' HOME IN WHICH THE PEACE OFFICER IS APPOINTED, EMPLOYED, 363
OR ELECTED.
(ii) OFF-DUTY FIREFIGHTERS, WHETHER PAID OR VOLUNTEER, OF 365
A LAWFULLY CONSTITUTED FIRE DEPARTMENT. AS USED IN DIVISION 367
(A)(1)(a) OF THIS SECTION WITH RESPECT TO OFF-DUTY FIREFIGHTERS, 368
"JURISDICTION" MEANS THE LIMITS OF THE POLITICAL SUBDIVISION, 369
JOINT AMBULANCE DISTRICT, FIRE DISTRICT, OR JOINT FIRE DISTRICT 370
IN WHICH THE FIREFIGHTER IS APPOINTED OR EMPLOYED.
(iii) OFF-DUTY FIRST RESPONDERS, EMERGENCY MEDICAL 372
TECHNICIANS-BASIC, EMERGENCY MEDICAL TECHNICIANS-INTERMEDIATE, OR 373
EMERGENCY MEDICAL TECHNICIANS-PARAMEDIC, WHETHER PAID OR 374
VOLUNTEER, OF AN AMBULANCE SERVICE ORGANIZATION OR EMERGENCY 375
MEDICAL SERVICE ORGANIZATION PURSUANT TO CHAPTER 4765. OF THE 377
REVISED CODE. AS USED IN DIVISION (A)(1)(a) OF THIS SECTION WITH 379
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RESPECT TO OFF-DUTY FIRST RESPONDERS AND EMERGENCY MEDICAL
TECHNICIANS, "JURISDICTION" MEANS THE LIMITS OF THE POLITICAL 380
SUBDIVISION OR JOINT AMBULANCE DISTRICT IN WHICH THE FIRST 382
RESPONDER OR EMERGENCY MEDICAL TECHNICIAN IS EMPLOYED OR 383
VOLUNTEERS AS A FIRST RESPONDER OR EMERGENCY MEDICAL TECHNICIAN. 384
(b) Every person in the service of any person, firm, or 386
private corporation, including any public service corporation, 387
that (i) employs one or more persons regularly in the same 388
business or in or about the same establishment under any contract 389
of hire, express or implied, oral or written, including aliens 390
and minors, household workers who earn one hundred sixty dollars 391
or more in cash in any calendar quarter from a single household 392
and casual workers who earn one hundred sixty dollars or more in 393
cash in any calendar quarter from a single employer, or (ii) is 394
bound by any such contract of hire or by any other written 395
contract, to pay into the state insurance fund the premiums 396
provided by this chapter. 397
(c) Every person who performs labor or provides services 400
pursuant to a construction contract, as defined in section 401
4123.79 of the Revised Code, if at least ten of the following
criteria apply:
(i) The person is required to comply with instructions 404
from the other contracting party regarding the manner or method 405
of performing services;
(ii) The person is required by the other contracting party 408
to have particular training;
(iii) The person's services are integrated into the 411
regular functioning of the other contracting party; 412
(iv) The person is required to perform the work 414
personally;
(v) The person is hired, supervised, or paid by the other 416
contracting party;
(vi) A continuing relationship exists between the person 419
and the other contracting party that contemplates continuing or 420
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recurring work even if the work is not full time; 421
(vii) The person's hours of work are established by the 424
other contracting party;
(viii) The person is required to devote full time to the 427
business of the other contracting party;
(ix) The person is required to perform the work on the 430
premises of the other contracting party;
(x) The person is required to follow the order of work set 433
by the other contracting party;
(xi) The person is required to make oral or written 436
reports of progress to the other contracting party; 437
(xii) The person is paid for services on a regular basis 440
such as hourly, weekly, or monthly;
(xiii) The person's expenses are paid for by the other 442
contracting party;
(xiv) The person's tools and materials are furnished by 445
the other contracting party;
(xv) The person is provided with the facilities used to 447
perform services;
(xvi) The person does not realize a profit or suffer a 450
loss as a result of the services provided;
(xvii) The person is not performing services for a number 453
of employers at the same time;
(xviii) The person does not make the same services 455
available to the general public; 456
(xix) The other contracting party has a right to discharge 459
the person;
(xx) The person has the right to end the relationship with 462
the other contracting party without incurring liability pursuant 463
to an employment contract or agreement. 464
Every person in the service of any independent contractor 466
or subcontractor who has failed to pay into the state insurance 467
fund the amount of premium determined and fixed by the 468
administrator of workers' compensation for the person's 469
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employment or occupation or if a self-insuring employer has 470
failed to pay compensation and benefits directly to the 471
employer's injured and to the dependents of the employer's killed 472
employees as required by section 4123.35 of the Revised Code, 474
shall be considered as the employee of the person who has entered 475
into a contract, whether written or verbal, with such independent 476
contractor unless such employees or their legal representatives 477
or beneficiaries elect, after injury or death, to regard such 478
independent contractor as the employer.
(2) "Employee" does not mean: 480
(a) A duly ordained, commissioned, or licensed minister or 482
assistant or associate minister of a church in the exercise of 483
ministry; or 484
(b) Any officer of a family farm corporation. 486
Any employer may elect to include as an "employee" within 488
this chapter, any person excluded from the definition of 489
"employee" pursuant to division (A)(2) of this section. If an 490
employer is a partnership, sole proprietorship, or family farm 491
corporation, such employer may elect to include as an "employee" 492
within this chapter, any member of such partnership, the owner of 493
the sole proprietorship, or the officers of the family farm 494
corporation. In the event of an election, the employer shall 495
serve upon the bureau of workers' compensation written notice 496
naming the persons to be covered, include such employee's 497
remuneration for premium purposes in all future payroll reports, 498
and no person excluded from the definition of "employee" pursuant 499
to division (A)(2) of this section, proprietor, or partner shall 500
be deemed an employee within this division until the employer has 501
served such notice. 502
For informational purposes only, the bureau shall prescribe 504
such language as it considers appropriate, on such of its forms 505
as it considers appropriate, to advise employers of their right 506
to elect to include as an "employee" within this chapter a sole 507
proprietor, any member of a partnership, the officers of a family 508
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farm corporation, or a person excluded from the definition of 509
"employee" under division (A)(2)(a) of this section, that they 510
should check any health and disability insurance policy, or other 511
form of health and disability plan or contract, presently 512
covering them, or the purchase of which they may be considering, 513
to determine whether such policy, plan, or contract excludes 514
benefits for illness or injury that they might have elected to 515
have covered by workers' compensation. 516
(B) "Employer" means: 518
(1) The state, including state hospitals, each county, 520
municipal corporation, township, school district, and hospital 521
owned by a political subdivision or subdivisions other than the 522
state; 523
(2) Every person, firm, and private corporation, including 525
any public service corporation, that (a) has in service one or 526
more employees regularly in the same business or in or about the 527
same establishment under any contract of hire, express or 528
implied, oral or written, or (b) is bound by any such contract of 529
hire or by any other written contract, to pay into the insurance 530
fund the premiums provided by this chapter. 531
All such employers are subject to this chapter. Any member 533
of a firm or association, who regularly performs manual labor in 534
or about a mine, factory, or other establishment, including a 535
household establishment, shall be considered an employee in 536
determining whether such person, firm, or private corporation, or 537
public service corporation, has in its service, one or more 538
employees and the employer shall report the income derived from 539
such labor to the bureau as part of the payroll of such employer, 540
and such member shall thereupon be entitled to all the benefits 541
of an employee. 542
(C) "Injury" includes any injury, whether caused by 544
external accidental means or accidental in character and result, 545
received in the course of, and arising out of, the injured 546
employee's employment. "Injury" does not include: 547
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(1) Psychiatric conditions except where the conditions 549
have arisen from an injury or occupational disease; 550
(2) Injury or disability caused primarily by the natural 553
deterioration of tissue, an organ, or part of the body; 554
(3) Injury or disability incurred in voluntary 556
participation in an employer-sponsored recreation or fitness 557
activity if the employee signs a waiver of the employee's right 558
to compensation or benefits under this chapter prior to engaging 559
in the recreation or fitness activity. 560
(D) "Child" includes a posthumous child and a child 562
legally adopted prior to the injury. 563
(E) "Family farm corporation" means a corporation founded 565
for the purpose of farming agricultural land in which the 566
majority of the voting stock is held by and the majority of the 567
stockholders are persons or the spouse of persons related to each 568
other within the fourth degree of kinship, according to the rules 569
of the civil law, and at least one of the related persons is 570
residing on or actively operating the farm, and none of whose 571
stockholders are a corporation. A family farm corporation does 572
not cease to qualify under this division where, by reason of any 573
devise, bequest, or the operation of the laws of descent or 574
distribution, the ownership of shares of voting stock is 575
transferred to another person, as long as that person is within 576
the degree of kinship stipulated in this division. 577
(F) "Occupational disease" means a disease contracted in 579
the course of employment, which by its causes and the 580
characteristics of its manifestation or the condition of the 581
employment results in a hazard which distinguishes the employment 582
in character from employment generally, and the employment
creates a risk of contracting the disease in greater degree and 583
in a different manner from the public in general. 584
(G) "Self-insuring employer" means any of the following 586
categories of employers if granted the privilege of paying 587
compensation and benefits directly under section 4123.35 of the 588
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Revised Code: 589
(1) Any employer mentioned in division (B)(2) of this 591
section; 592
(2) A board of county hospital trustees; 594
(3) A publicly owned utility; 596
(4) A board of county commissioners for the sole purpose 598
of constructing a sports facility as defined in section 307.696 599
of the Revised Code, provided that the electors of the county in 600
which the sports facility is to be built have approved
construction of a sports facility by ballot election no later 601
than November 6, 1997. 602
Sec. 4123.46. The (A)(1) EXCEPT AS PROVIDED IN DIVISION 612
(A)(2) OF THIS SECTION, THE bureau of workers' compensation shall
disburse the state insurance fund to employees of employers who 613
have paid into the fund the premiums applicable to the classes to 614
which they belong when the employees have been injured in the 615
course of their employment, wherever the injuries have occurred, 616
and provided the injuries have not been purposely self-inflicted, 617
or to the dependents of the employees in case death has ensued. 618
(2) AS LONG AS INJURIES HAVE NOT BEEN PURPOSELY 620
SELF-INFLICTED, THE BUREAU SHALL DISBURSE THE SURPLUS FUND 622
CREATED UNDER SECTION 4123.34 OF THE REVISED CODE TO OFF-DUTY 623
PEACE OFFICERS, FIREFIGHTERS, EMERGENCY MEDICAL TECHNICIANS, AND 624
FIRST RESPONDERS, OR TO THEIR DEPENDENTS IF DEATH ENSUES, WHO ARE 625
INJURED WHILE RESPONDING TO INHERENTLY DANGEROUS SITUATIONS THAT 626
CALL FOR AN IMMEDIATE RESPONSE ON THE PART OF THE PERSON, 627
REGARDLESS OF WHETHER THE PERSON WAS WITHIN THE LIMITS OF THE 629
PERSON'S JURISDICTION WHEN RESPONDING, ON THE CONDITION THAT THE
PERSON RESPONDS TO THE SITUATION AS THE PERSON OTHERWISE WOULD IF 630
THE PERSON WERE ON DUTY IN THE PERSON'S JURISDICTION. 631
AS USED IN DIVISION (A)(2) OF THIS SECTION, "PEACE 633
OFFICER," "FIREFIGHTER," "EMERGENCY MEDICAL TECHNICIAN," "FIRST 634
RESPONDER," AND "JURISDICTION" HAVE THE SAME MEANINGS AS IN 635
SECTION 4123.01 OF THE REVISED CODE.
16
(B) All self-insuring employers, in compliance with this 637
chapter, shall pay the compensation to injured employees, or to 638
the dependents of employees who have been killed in the course of 639
their employment, unless the injury or death of the employee was 640
purposely self-inflicted, and shall furnish the medical, 641
surgical, nurse, and hospital care and attention or funeral 642
expenses as would have been paid and furnished by virtue of this 643
chapter under a similar state of facts by the bureau out of the 644
state insurance fund if the employer had paid the premium into 645
the fund. 646
If any rule or regulation of a self-insuring employer 648
provides for or authorizes the payment of greater compensation or 649
more complete or extended medical care, nursing, surgical, and 650
hospital attention, or funeral expenses to the injured employees, 651
or to the dependents of the employees as may be killed, the 652
employer shall pay to the employees, or to the dependents of 653
employees killed, the amount of compensation and furnish the 654
medical care, nursing, surgical, and hospital attention or 655
funeral expenses provided by his THE SELF-INSURING EMPLOYER'S 656
rules and regulations. 657
(C) Payment to injured employees, or to their dependents 659
in case death has ensued, is in lieu of any and all rights of 660
action against the employer of the injured or killed employees. 661
Section 2. That existing sections 4121.12, 4123.01, and 663
4123.46 of the Revised Code are hereby repealed. 664
Section 3. Notwithstanding sections 4123.01 and 4123.46 of 666
the Revised Code as amended by this act, the amendments to those 667
sections as they apply to state university law enforcement 668
officers appointed under section 3345.04 of the Revised Code, 669
Ohio Veterans' Home police officers appointed under section 670
5907.02 of the Revised Code, and state highway patrol troopers, 671
shall take effect July 1, 1999, and apply to the claims of those 672
persons that arise on and after that date for an injury or death 673
that occurs on and after that date. 674