CORRECTED VERSION 1
As Passed by the Senate 2
122nd General Assembly 5
Regular Session Am. Sub. H. B. No. 558 6
1997-1998 7
REPRESENTATIVES WISE-CATES-WESTON-MAIER-COUGHLIN-GARCIA- 9
METELSKY-MALLORY-THOMAS-O'BRIEN-NETZLEY-JAMES-GRENDELL- 10
HOUSEHOLDER-COLONNA-JACOBSON-PRINGLE-HEALY-BOYD-LUCAS-SULZER- 11
HARRIS-HODGES-WACHTMANN-PATTON-HARTLEY-LOGAN-WILLIAMS- 12
MOTTLEY-KRUPINSKI-KASPUTIS-DAMSCHRODER-STAPLETON-CAREY- 13
REID-MYERS-TERWILLEGER-PADGETT-SALERNO-VERICH-SUTTON- 14
TAVARES-MOTTL-VESPER-PERZ-FORD-SAWYER-YOUNG-OPFER-BEATTY- 15
JONES-METZGER-JOHNSON-BENDER-KREBS-WOMER BENJAMIN-ALLEN- 16
CLANCY-BATEMAN-CALLENDER-ROMAN-BUCHY-PRENTISS-WILSON- 17
JERSE-MILLER-BRITTON-OLMAN-SCHULER-SENATORS SUHADOLNIK- 18
WATTS-FINAN-GAETH-LATTA-DiDONATO-DRAKE-CARNES-OELSLAGER-HOWARD- 19
HOTTINGER-RAY-MUMPER-B. JOHNSON-NEIN-WHITE-BLESSING-ESPY- 20
GARDNER 21
23
A B I L L
To amend sections 4121.12, 4123.01, and 4123.46 of 25
the Revised Code to provide workers' compensation 26
coverage for off-duty peace officers, 27
firefighters, and emergency medical technicians 29
who are injured or killed while responding to an 31
emergency situation, to require that payment for 32
those claims be paid from the Workers' 33
Compensation Surplus Fund rather than the State 35
Insurance Fund, and to require the Workers' 36
Compensation Oversight Commission to meet a
minimum of nine times annually. 37
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 38
Section 1. That sections 4121.12, 4123.01, and 4123.46 of 40
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the Revised Code be amended to read as follows: 41
Sec. 4121.12. (A) There is hereby created the workers' 50
compensation oversight commission consisting of nine members, of 51
which members the governor shall appoint five with the advice and 52
consent of the senate. Of the five members the governor 53
appoints, two shall be individuals who, on account of their 55
previous vocation, employment, or affiliations, can be classed as 56
representative of employees, at least one of whom is
representative of employees who are members of an employee 57
organization; two shall be individuals who, on account of their 58
previous vocation, employment, or affiliations, can be classed as 59
representative of employers, one of whom represents self-insuring 60
employers and one of whom has experience as an employer in 61
compliance with section 4123.35 of the Revised Code other than a 62
self-insuring employer, and one of those two representatives also
shall represent employers whose employees are not members of an 63
employee organization; and one shall represent the public and 64
also be an individual who, on account of the individual's 65
previous vocation, employment, or affiliations, cannot be classed 66
as either predominantly representative of employees or of 67
employers. The governor shall select the chairperson of the 68
commission who shall serve as chairperson at the pleasure of the 69
governor. No more than three members appointed by the governor 71
shall belong to or be affiliated with the same political party. 72
Each of these five members shall have at least three years' 74
experience in the field of insurance, finance, workers' 75
compensation, law, accounting, actuarial, personnel, investments, 76
or data processing, or in the management of an organization whose 77
size is commensurate with that of the bureau of workers' 78
compensation. At least one of these five members shall be an 79
attorney licensed under Chapter 4705. of the Revised Code to 80
practice law in this state. 81
(B) Of the initial appointments made to the commission, 84
the governor shall appoint one member who represents employees to 85
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a term ending one year after September 1, 1995, one member who 86
represents employers to a term ending two years after the 88
effective date of this section SEPTEMBER 1, 1995, the member who 89
represents the public to a term ending three years after 91
September 1, 1995, one member who represents employees to a term 92
ending four years after September 1, 1995, and one member who 93
represents employers to a term ending five years after September 94
1, 1995. Thereafter, terms of office shall be for five years, 95
with each term ending on the same day of the same month as did 96
the term that it succeeds. Each member shall hold office from
the date of his THE MEMBER'S appointment until the end of the 97
term for which the member was appointed. 99
The governor shall not appoint any person to more than two 101
full terms of office on the commission. This restriction does 102
not prevent the governor from appointing a person to fill a 103
vacancy caused by the death, resignation, or removal of a 104
commission member and also appointing that person twice to full 105
terms on the commission, or from appointing a person previously 106
appointed to fill less than a full term twice to full terms on 107
the commission. Any member appointed to fill a vacancy occurring 108
prior to the expiration date of the term for which the member's 110
predecessor was appointed shall hold office as a member for the
remainder of that term. A member shall continue in office 111
subsequent to the expiration date of the member's term until a 112
successor takes office or until a period of sixty days has 113
elapsed, whichever occurs first. 114
(C) In making appointments to the commission, the governor 116
shall select the members from the list of names submitted by the 118
workers' compensation oversight commission nominating committee 119
pursuant to this division. Within fourteen days after the 120
governor calls the initial meeting of the nominating committee
pursuant to division (C) of section 4121.123 of the Revised Code, 121
the nominating committee shall submit to the governor, for the 122
initial appointments, a list containing four separate names for 123
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each of the members on the commission. Within fourteen days 125
after the submission of the list, the governor shall appoint 126
individuals from the list.
For the appointment of the member who is representative of 128
employees who are members of an employee organization, both for 129
initial appointments and for the filling of vacancies, the list 130
of four names submitted by the nominating committee shall be 131
comprised of four individuals who are members of the executive 132
committee of the largest statewide labor federation.
Thereafter, within sixty days after a vacancy occurring as 135
a result of the expiration of a term and within thirty days after 136
other vacancies occurring on the commission, the nominating
committee shall submit a list containing four names for each 137
vacancy. Within fourteen days after the submission of the list, 138
the governor shall appoint individuals from the list. With 139
respect to the filling of vacancies, the nominating committee 140
shall provide the governor with a list of four individuals who 141
are, in the judgment of the nominating committee, the most fully 142
qualified to accede to membership on the commission. The 143
nominating committee shall not include the name of an individual 144
upon the list for the filling of vacancies if the appointment of
that individual by the governor would result in more than three 145
members of the commission belonging to or being affiliated with 146
the same political party. The committee shall include on the 147
list for the filling of vacancies only the names of attorneys 148
admitted to practice law in this state if, to fulfill the
requirement of division (A) of section 4121.12 of the Revised 149
Code, the vacancy must be filled by an attorney. 150
In order for the name of an individual to be submitted to 152
the governor under this division, the nominating committee shall 153
approve the individual by an affirmative vote of a majority of 154
its members.
(D) The remaining four members of the commission shall be 157
the chairperson and ranking minority member of the standing 158
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committees of the house of representatives and of the senate to
which legislation concerning this chapter and Chapters 4123., 159
4127., and 4131. of the Revised Code normally are referred, or a 161
designee of the chairperson or ranking minority member, provided 162
that the designee is a member of the standing committee. 163
Legislative members shall serve during the session of the general 164
assembly to which they are elected and for as long as they are 165
members of the general assembly. Legislative members shall serve 166
in an advisory capacity to the commission and shall have no 167
voting rights on matters coming before the commission. 168
Membership on the commission by legislative members shall not be
deemed as holding a public office. 169
(E) All members of the commission shall receive their 172
reasonable and necessary expenses pursuant to section 126.31 of 173
the Revised Code while engaged in the performance of their duties 175
as members. Legislative members also shall receive fifty dollars 176
per meeting that they attend. Members appointed by the governor 177
also shall receive an annual salary as follows:
(1) On and before August 31, 1998, not to exceed six 180
thousand dollars payable at the rate of five hundred dollars per 181
month. A member shall receive the monthly five hundred dollar 182
salary only if the member has attended at least one meeting of 184
the commission during that month. A member may receive no more
than the monthly five hundred dollar salary regardless of the 185
number of meetings held by the commission during a month or the 186
number of meetings in excess of one within a month that the 187
member attends.
(2) After August 31, 1998, not to exceed eighteen thousand 190
dollars payable at the rate of fifteen hundred dollars per month.
A ON THE FOLLOWING BASIS: 191
(a) EXCEPT AS PROVIDED IN DIVISION (E)(2)(b) OF THIS 194
SECTION, A member shall receive the monthly fifteen hundred 195
dollar salary only if TWO THOUSAND DOLLARS DURING A MONTH IN 196
WHICH the member has attended at least ATTENDS one meeting OR 197
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MORE MEETINGS of the commission during that month AND SHALL 199
RECEIVE NO PAYMENT DURING A MONTH IN WHICH THE MEMBER ATTENDS NO
MEETING OF THE COMMISSION. A 200
(b) A member may receive no more than the monthly fifteen 202
hundred ANNUAL EIGHTEEN THOUSAND dollar salary regardless of the 204
number of meetings held by the commission during the month A YEAR 205
or the number of meetings in excess of one NINE within a month 207
YEAR that the member attends. 208
THE CHAIRPERSON OF THE COMMISSION SHALL SET THE MEETING 210
DATES OF THE COMMISSION AS NECESSARY TO PERFORM THE DUTIES OF THE 211
COMMISSION UNDER THIS CHAPTER AND CHAPTERS 4123., 4127., AND 212
4131. OF THE REVISED CODE. THE COMMISSION SHALL MEET AT LEAST 213
NINE TIMES DURING THE PERIOD COMMENCING ON THE FIRST DAY OF 215
SEPTEMBER AND ENDING ON THE THIRTY-FIRST DAY OF AUGUST OF THE 216
FOLLOWING YEAR. The administrator of workers' compensation shall 217
provide professional and clerical assistance to the commission, 219
as the commission considers appropriate. 220
(F) The commission shall: 222
(1) Review progress of the bureau in meeting its cost and 225
quality objectives and in complying with this chapter and 226
Chapters 4123., 4127., and 4131. of the Revised Code; 227
(2) Issue an annual report on the cost and quality 229
objectives of the bureau to the president of the senate, the 231
speaker of the house of representatives, and the governor; 232
(3) Review all independent financial audits of the bureau. 234
The administrator shall provide access to records of the bureau 235
to facilitate the review required under this division. 236
(4) Study issues as requested by the administrator or the 238
governor;
(5) Contract with an independent actuarial firm to assist 240
the commission in making recommendations to the administrator 241
regarding premium rates;
(6) Establish objectives, policies, and criteria for the 244
administration of the investment program that include asset 246
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allocation targets and ranges, risk factors, asset class
benchmarks, time horizons, total return objectives, and 247
performance evaluation guidelines, and monitor the 249
administrator's progress in implementing the objectives, 250
policies, and criteria on a quarterly basis. The commission
shall publish the objectives, policies, and criteria no less than 252
annually and shall make copies available to interested parties. 253
The commission shall prohibit, on a prospective basis, specific 255
investment activity it finds to be contrary to its investment
objectives, policies, and criteria. 256
The investment policy in existence on March 7, 1997, shall 259
continue until the commission approves objectives, policies, and
criteria for the administration of the investment program 260
pursuant to this section. 261
(7) Advise and consent on all of the following: 263
(a) Administrative rules the administrator submits to it 266
pursuant to division (B)(5) of section 4121.121 of the Revised
Code for the classification of occupations or industries, for 268
premium rates and contributions, for the amount to be credited to 269
the surplus fund, for rules and systems of rating, rate 270
revisions, and merit rating;
(b) The overall policy of the bureau of workers' 273
compensation as set by the administrator;
(c) The duties and authority conferred upon the 275
administrator pursuant to section 4121.37 of the Revised Code; 276
(d) Rules the administrator adopts for the health 278
partnership program and the qualified health plan system, as 279
provided in sections 4121.44, 4121.441, and 4121.442 of the 280
Revised Code.
(8) Perform all duties required under section 4121.125 of 282
the Revised Code; 283
(9) After August 31, 2000, appoint an administrator who 285
meets the qualifications required under section 4121.121 of the 286
Revised Code and fix the salary of the administrator, the amount 288
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of which the commission shall base upon the experience of the 290
administrator and the responsibilities and duties of the
administrator pursuant to this chapter and Chapters 4123., 4127., 291
and 4131. of the Revised Code. 292
(G) The commission may enter into an employment contract 294
with an administrator it appoints, provided that the contract 295
does not exceed two years in length. 296
(I)(H) As used in this section, "employee organization" 298
means any labor or bona fide organization in which employees 300
participate and which exists for the purpose, in whole or in 302
part, of dealing with employers concerning grievances, labor 303
disputes, wages, hours, terms and other conditions of employment. 304
Sec. 4123.01. As used in this chapter: 313
(A)(1) "Employee" means: 315
(a) Every person in the service of the state, or of any 317
county, municipal corporation, township, or school district 318
therein, including regular members of lawfully constituted police 319
and fire departments of municipal corporations and townships, 320
whether paid or volunteer, and wherever serving within the state 321
or on temporary assignment outside thereof, and executive 322
officers of boards of education, under any appointment or 323
contract of hire, express or implied, oral or written, including 324
any elected official of the state, or of any county, municipal 325
corporation, or township, or members of boards of education; 326
AS USED IN DIVISION (A)(1)(a) OF THIS SECTION, THE TERM 329
"REGULAR MEMBERS OF LAWFULLY CONSTITUTED POLICE AND FIRE
DEPARTMENTS" INCLUDES THE FOLLOWING PERSONS WHEN THE PERSON 330
RESPONDS TO AN INHERENTLY DANGEROUS SITUATION THAT CALLS FOR AN 331
IMMEDIATE RESPONSE ON THE PART OF THE PERSON, REGARDLESS OF 332
WHETHER THE PERSON IS WITHIN THE LIMITS OF THE JURISDICTION OF 333
THE PERSON'S REGULAR EMPLOYMENT OR VOLUNTARY SERVICE WHEN 334
RESPONDING, ON THE CONDITION THAT THE PERSON RESPONDS TO THE 335
SITUATION AS THE PERSON OTHERWISE WOULD IF THE PERSON WERE ON 336
DUTY IN THE PERSON'S JURISDICTION.
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(i) OFF-DUTY PEACE OFFICERS. AS USED IN DIVISION 339
(A)(1)(a)(i) OF THIS SECTION, "PEACE OFFICER" MEANS A MEMBER OF 340
THE ORGANIZED POLICE DEPARTMENT OF ANY MUNICIPAL CORPORATION, 341
INCLUDING A MEMBER OF THE ORGANIZED POLICE DEPARTMENT OF A 342
MUNICIPAL CORPORATION IN AN ADJOINING STATE SERVING IN OHIO UNDER 343
A CONTRACT PURSUANT TO SECTION 737.04 OF THE REVISED CODE, MEMBER 345
OF A POLICE FORCE EMPLOYED BY A METROPOLITAN HOUSING AUTHORITY 346
UNDER DIVISION (D) OF SECTION 3735.31 OF THE REVISED CODE, MEMBER 349
OF A POLICE FORCE EMPLOYED BY A REGIONAL TRANSIT AUTHORITY UNDER
DIVISION (Y) OF SECTION 306.05 OF THE REVISED CODE, STATE 352
UNIVERSITY LAW ENFORCEMENT OFFICER APPOINTED UNDER SECTION
3345.04 OF THE REVISED CODE, OHIO VETERANS' HOME POLICE OFFICER 354
APPOINTED UNDER SECTION 5907.02 OF THE REVISED CODE, POLICE 356
CONSTABLE OF ANY TOWNSHIP, POLICE OFFICER OF A TOWNSHIP OR JOINT 357
TOWNSHIP POLICE DISTRICT, STATE HIGHWAY PATROL TROOPER, AND 358
MEMBER OF A QUALIFIED NONPROFIT CORPORATION POLICE DEPARTMENT 359
ESTABLISHED PURSUANT TO SECTION 1702.80 OF THE REVISED CODE.
AS USED IN DIVISION (A)(1)(a) OF THIS SECTION WITH RESPECT 362
TO OFF-DUTY PEACE OFFICERS, "JURISDICTION" MEANS THE LIMITS OF 363
THE MUNICIPAL CORPORATION, TOWNSHIP, METROPOLITAN HOUSING
AUTHORITY HOUSING PROJECT, REGIONAL TRANSIT AUTHORITY FACILITIES 364
OR AREAS OF A MUNICIPAL CORPORATION THAT HAVE BEEN AGREED TO BY A 365
REGIONAL TRANSIT AUTHORITY AND A MUNICIPAL CORPORATION LOCATED 366
WITHIN ITS TERRITORIAL JURISDICTION, COLLEGE, UNIVERSITY, OR OHIO 367
VETERANS' HOME IN WHICH THE PEACE OFFICER IS APPOINTED, EMPLOYED, 368
OR ELECTED.
(ii) OFF-DUTY FIREFIGHTERS, WHETHER PAID OR VOLUNTEER, OF 370
A LAWFULLY CONSTITUTED FIRE DEPARTMENT. AS USED IN DIVISION 372
(A)(1)(a) OF THIS SECTION WITH RESPECT TO OFF-DUTY FIREFIGHTERS, 373
"JURISDICTION" MEANS THE LIMITS OF THE POLITICAL SUBDIVISION, 374
JOINT AMBULANCE DISTRICT, FIRE DISTRICT, OR JOINT FIRE DISTRICT 375
IN WHICH THE FIREFIGHTER IS APPOINTED OR EMPLOYED.
(iii) OFF-DUTY FIRST RESPONDERS, EMERGENCY MEDICAL 377
TECHNICIANS-BASIC, EMERGENCY MEDICAL TECHNICIANS-INTERMEDIATE, OR 378
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EMERGENCY MEDICAL TECHNICIANS-PARAMEDIC, WHETHER PAID OR 379
VOLUNTEER, OF AN AMBULANCE SERVICE ORGANIZATION OR EMERGENCY 380
MEDICAL SERVICE ORGANIZATION PURSUANT TO CHAPTER 4765. OF THE 382
REVISED CODE. AS USED IN DIVISION (A)(1)(a) OF THIS SECTION WITH 384
RESPECT TO OFF-DUTY FIRST RESPONDERS AND EMERGENCY MEDICAL
TECHNICIANS, "JURISDICTION" MEANS THE LIMITS OF THE POLITICAL 385
SUBDIVISION OR JOINT AMBULANCE DISTRICT IN WHICH THE FIRST 387
RESPONDER OR EMERGENCY MEDICAL TECHNICIAN IS EMPLOYED OR 388
VOLUNTEERS AS A FIRST RESPONDER OR EMERGENCY MEDICAL TECHNICIAN. 389
(b) Every person in the service of any person, firm, or 391
private corporation, including any public service corporation, 392
that (i) employs one or more persons regularly in the same 393
business or in or about the same establishment under any contract 394
of hire, express or implied, oral or written, including aliens 395
and minors, household workers who earn one hundred sixty dollars 396
or more in cash in any calendar quarter from a single household 397
and casual workers who earn one hundred sixty dollars or more in 398
cash in any calendar quarter from a single employer, or (ii) is 399
bound by any such contract of hire or by any other written 400
contract, to pay into the state insurance fund the premiums 401
provided by this chapter. 402
(c) Every person who performs labor or provides services 405
pursuant to a construction contract, as defined in section 406
4123.79 of the Revised Code, if at least ten of the following
criteria apply:
(i) The person is required to comply with instructions 409
from the other contracting party regarding the manner or method 410
of performing services;
(ii) The person is required by the other contracting party 413
to have particular training;
(iii) The person's services are integrated into the 416
regular functioning of the other contracting party; 417
(iv) The person is required to perform the work 419
personally;
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(v) The person is hired, supervised, or paid by the other 421
contracting party;
(vi) A continuing relationship exists between the person 424
and the other contracting party that contemplates continuing or 425
recurring work even if the work is not full time; 426
(vii) The person's hours of work are established by the 429
other contracting party;
(viii) The person is required to devote full time to the 432
business of the other contracting party;
(ix) The person is required to perform the work on the 435
premises of the other contracting party;
(x) The person is required to follow the order of work set 438
by the other contracting party;
(xi) The person is required to make oral or written 441
reports of progress to the other contracting party; 442
(xii) The person is paid for services on a regular basis 445
such as hourly, weekly, or monthly;
(xiii) The person's expenses are paid for by the other 447
contracting party;
(xiv) The person's tools and materials are furnished by 450
the other contracting party;
(xv) The person is provided with the facilities used to 452
perform services;
(xvi) The person does not realize a profit or suffer a 455
loss as a result of the services provided;
(xvii) The person is not performing services for a number 458
of employers at the same time;
(xviii) The person does not make the same services 460
available to the general public; 461
(xix) The other contracting party has a right to discharge 464
the person;
(xx) The person has the right to end the relationship with 467
the other contracting party without incurring liability pursuant 468
to an employment contract or agreement. 469
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Every person in the service of any independent contractor 471
or subcontractor who has failed to pay into the state insurance 472
fund the amount of premium determined and fixed by the 473
administrator of workers' compensation for the person's 474
employment or occupation or if a self-insuring employer has 475
failed to pay compensation and benefits directly to the 476
employer's injured and to the dependents of the employer's killed 477
employees as required by section 4123.35 of the Revised Code, 479
shall be considered as the employee of the person who has entered 480
into a contract, whether written or verbal, with such independent 481
contractor unless such employees or their legal representatives 482
or beneficiaries elect, after injury or death, to regard such 483
independent contractor as the employer.
(2) "Employee" does not mean: 485
(a) A duly ordained, commissioned, or licensed minister or 487
assistant or associate minister of a church in the exercise of 488
ministry; or 489
(b) Any officer of a family farm corporation. 491
Any employer may elect to include as an "employee" within 493
this chapter, any person excluded from the definition of 494
"employee" pursuant to division (A)(2) of this section. If an 495
employer is a partnership, sole proprietorship, or family farm 496
corporation, such employer may elect to include as an "employee" 497
within this chapter, any member of such partnership, the owner of 498
the sole proprietorship, or the officers of the family farm 499
corporation. In the event of an election, the employer shall 500
serve upon the bureau of workers' compensation written notice 501
naming the persons to be covered, include such employee's 502
remuneration for premium purposes in all future payroll reports, 503
and no person excluded from the definition of "employee" pursuant 504
to division (A)(2) of this section, proprietor, or partner shall 505
be deemed an employee within this division until the employer has 506
served such notice. 507
For informational purposes only, the bureau shall prescribe 509
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such language as it considers appropriate, on such of its forms 510
as it considers appropriate, to advise employers of their right 511
to elect to include as an "employee" within this chapter a sole 512
proprietor, any member of a partnership, the officers of a family 513
farm corporation, or a person excluded from the definition of 514
"employee" under division (A)(2)(a) of this section, that they 515
should check any health and disability insurance policy, or other 516
form of health and disability plan or contract, presently 517
covering them, or the purchase of which they may be considering, 518
to determine whether such policy, plan, or contract excludes 519
benefits for illness or injury that they might have elected to 520
have covered by workers' compensation. 521
(B) "Employer" means: 523
(1) The state, including state hospitals, each county, 525
municipal corporation, township, school district, and hospital 526
owned by a political subdivision or subdivisions other than the 527
state; 528
(2) Every person, firm, and private corporation, including 530
any public service corporation, that (a) has in service one or 531
more employees regularly in the same business or in or about the 532
same establishment under any contract of hire, express or 533
implied, oral or written, or (b) is bound by any such contract of 534
hire or by any other written contract, to pay into the insurance 535
fund the premiums provided by this chapter. 536
All such employers are subject to this chapter. Any member 538
of a firm or association, who regularly performs manual labor in 539
or about a mine, factory, or other establishment, including a 540
household establishment, shall be considered an employee in 541
determining whether such person, firm, or private corporation, or 542
public service corporation, has in its service, one or more 543
employees and the employer shall report the income derived from 544
such labor to the bureau as part of the payroll of such employer, 545
and such member shall thereupon be entitled to all the benefits 546
of an employee. 547
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(C) "Injury" includes any injury, whether caused by 549
external accidental means or accidental in character and result, 550
received in the course of, and arising out of, the injured 551
employee's employment. "Injury" does not include: 552
(1) Psychiatric conditions except where the conditions 554
have arisen from an injury or occupational disease; 555
(2) Injury or disability caused primarily by the natural 558
deterioration of tissue, an organ, or part of the body; 559
(3) Injury or disability incurred in voluntary 561
participation in an employer-sponsored recreation or fitness 562
activity if the employee signs a waiver of the employee's right 563
to compensation or benefits under this chapter prior to engaging 564
in the recreation or fitness activity. 565
(D) "Child" includes a posthumous child and a child 567
legally adopted prior to the injury. 568
(E) "Family farm corporation" means a corporation founded 570
for the purpose of farming agricultural land in which the 571
majority of the voting stock is held by and the majority of the 572
stockholders are persons or the spouse of persons related to each 573
other within the fourth degree of kinship, according to the rules 574
of the civil law, and at least one of the related persons is 575
residing on or actively operating the farm, and none of whose 576
stockholders are a corporation. A family farm corporation does 577
not cease to qualify under this division where, by reason of any 578
devise, bequest, or the operation of the laws of descent or 579
distribution, the ownership of shares of voting stock is 580
transferred to another person, as long as that person is within 581
the degree of kinship stipulated in this division. 582
(F) "Occupational disease" means a disease contracted in 584
the course of employment, which by its causes and the 585
characteristics of its manifestation or the condition of the 586
employment results in a hazard which distinguishes the employment 587
in character from employment generally, and the employment
creates a risk of contracting the disease in greater degree and 588
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in a different manner from the public in general. 589
(G) "Self-insuring employer" means any of the following 591
categories of employers if granted the privilege of paying 592
compensation and benefits directly under section 4123.35 of the 593
Revised Code: 594
(1) Any employer mentioned in division (B)(2) of this 596
section; 597
(2) A board of county hospital trustees; 599
(3) A publicly owned utility; 601
(4) A board of county commissioners for the sole purpose 603
of constructing a sports facility as defined in section 307.696 604
of the Revised Code, provided that the electors of the county in 605
which the sports facility is to be built have approved
construction of a sports facility by ballot election no later 606
than November 6, 1997. 607
Sec. 4123.46. The (A)(1) EXCEPT AS PROVIDED IN DIVISION 617
(A)(2) OF THIS SECTION, THE bureau of workers' compensation shall
disburse the state insurance fund to employees of employers who 618
have paid into the fund the premiums applicable to the classes to 619
which they belong when the employees have been injured in the 620
course of their employment, wherever the injuries have occurred, 621
and provided the injuries have not been purposely self-inflicted, 622
or to the dependents of the employees in case death has ensued. 623
(2) AS LONG AS INJURIES HAVE NOT BEEN PURPOSELY 625
SELF-INFLICTED, THE BUREAU SHALL DISBURSE THE SURPLUS FUND 627
CREATED UNDER SECTION 4123.34 OF THE REVISED CODE TO OFF-DUTY 628
PEACE OFFICERS, FIREFIGHTERS, EMERGENCY MEDICAL TECHNICIANS, AND 629
FIRST RESPONDERS, OR TO THEIR DEPENDENTS IF DEATH ENSUES, WHO ARE 630
INJURED WHILE RESPONDING TO INHERENTLY DANGEROUS SITUATIONS THAT 631
CALL FOR AN IMMEDIATE RESPONSE ON THE PART OF THE PERSON, 632
REGARDLESS OF WHETHER THE PERSON WAS WITHIN THE LIMITS OF THE 634
PERSON'S JURISDICTION WHEN RESPONDING, ON THE CONDITION THAT THE
PERSON RESPONDS TO THE SITUATION AS THE PERSON OTHERWISE WOULD IF 635
THE PERSON WERE ON DUTY IN THE PERSON'S JURISDICTION. 636
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AS USED IN DIVISION (A)(2) OF THIS SECTION, "PEACE 638
OFFICER," "FIREFIGHTER," "EMERGENCY MEDICAL TECHNICIAN," "FIRST 639
RESPONDER," AND "JURISDICTION" HAVE THE SAME MEANINGS AS IN 640
SECTION 4123.01 OF THE REVISED CODE.
(B) All self-insuring employers, in compliance with this 642
chapter, shall pay the compensation to injured employees, or to 643
the dependents of employees who have been killed in the course of 644
their employment, unless the injury or death of the employee was 645
purposely self-inflicted, and shall furnish the medical, 646
surgical, nurse, and hospital care and attention or funeral 647
expenses as would have been paid and furnished by virtue of this 648
chapter under a similar state of facts by the bureau out of the 649
state insurance fund if the employer had paid the premium into 650
the fund. 651
If any rule or regulation of a self-insuring employer 653
provides for or authorizes the payment of greater compensation or 654
more complete or extended medical care, nursing, surgical, and 655
hospital attention, or funeral expenses to the injured employees, 656
or to the dependents of the employees as may be killed, the 657
employer shall pay to the employees, or to the dependents of 658
employees killed, the amount of compensation and furnish the 659
medical care, nursing, surgical, and hospital attention or 660
funeral expenses provided by his THE SELF-INSURING EMPLOYER'S 661
rules and regulations. 662
(C) Payment to injured employees, or to their dependents 664
in case death has ensued, is in lieu of any and all rights of 665
action against the employer of the injured or killed employees. 666
Section 2. That existing sections 4121.12, 4123.01, and 668
4123.46 of the Revised Code are hereby repealed. 669
Section 3. Notwithstanding sections 4123.01 and 4123.46 of 671
the Revised Code as amended by this act, the amendments to those 672
sections as they apply to state university law enforcement 673
officers appointed under section 3345.04 of the Revised Code, 674
Ohio Veterans' Home police officers appointed under section 675
17
5907.02 of the Revised Code, and state highway patrol troopers, 676
shall take effect July 1, 1999, and apply to the claims of those 677
persons that arise on and after that date for an injury or death 678
that occurs on and after that date. 679