As Passed by the Senate                       1            

122nd General Assembly                                             4            

   Regular Session                              Sub. S. B. No. 45  5            

      1997-1998                                                    6            


  SENATORS CUPP-GILLMOR-SUHADOLNIK-NEIN-LATTA-WHITE-B. JOHNSON-    8            

        DRAKE-RAY-SCHAFRATH-GAETH-DIX-FINAN-GARDNER-HORN           9            


                                                                   11           

                           A   B I L L                                          

             To amend sections 2913.48, 4121.32, 4121,34,          13           

                4121.35, 4121.36, 4121.38, 4121.47, 4121.61,       15           

                4121.67, 4123.01, 4123.032, 4123.033, 4123.07,     16           

                4123.25, 4123.27, 4123.28, 4123.343, 4123.35,                   

                4123.352, 4123.411, 4123.412, 4123.413, 4123.414,  17           

                4123.416, 4123.419, 4123.511, 4123.512, 4123.52,   18           

                4123.54, 4123.541, 4123.55, 4123.56, 4123.57,      19           

                4123.58, 4123.59, 4123.60, 4123.61, 4123.62,                    

                4123.64, 4123.65, 4123.651, 4123.66, 4123.68,      20           

                4123.70, 4123.80, 4123.82, 4123.84, 4123.85,       21           

                4123.90, 4127.03, 4127.06, and 4141.31 and to      22           

                enact sections 4121.361, 4121.444, 4123.061,                    

                4123.15, and 4123.531 of the Revised Code to make  24           

                various changes in the structure, payment, and                  

                determination of benefits, to reduce the number    25           

                of weeks an employee can receive nonworking wage   27           

                loss, to permit an employer to have an employee                 

                excepted from the Workers' Compensation Laws for   29           

                religious reasons, to change the duration of the                

                continuing jurisdiction of the Industrial          30           

                Commission to three years, to require hearing                   

                officers to report suspected fraudulent activity,  31           

                to limit recovery for aggravation of a             32           

                preexisting condition, to change the definition                 

                of occupational disease, to permit certain         33           

                nonattorneys to represent parties in hearings      34           

                before the Industrial Commission, to create the                 

                                                          2      

                                                                 
                presumption concerning alcohol or a controlled     36           

                substance as the cause of an employee's injury,                 

                to except buildings and land used for              37           

                agricultural production from safety rules that                  

                apply to workshops and factories, to provide       39           

                criminal penalties for employers who                            

                intentionally misclassify their employees for      40           

                workers' compensation purposes, to prohibit                     

                kickbacks from health care providers under the     41           

                Workers' Compensation Law, to prohibit health                   

                care providers from receiving payments for false   42           

                claims under the Workers' Compensation Law, to     43           

                provide that records kept by the Division of       44           

                Safety and Hygiene are confidential, to specify    45           

                that records produced by an attorney in                         

                connection with a workers' compensation claim are  46           

                the property of the claimant, and to make other                 

                changes in the Workers' Compensation Law.          47           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        49           

      Section 1.  That sections 2913.48, 4121.32, 4121.34,         51           

4121.35, 4121.36, 4121.38, 4121.47, 4121.61, 4121.67, 4123.01,     53           

4123.032, 4123.033, 4123.07, 4123.25, 4123.27, 4123.28, 4123.343,  54           

4123.35, 4123.352, 4123.411, 4123.412, 4123.413, 4123.414,         55           

4123.416, 4123.419, 4123.511, 4123.512, 4123.52, 4123.54,          56           

4123.541, 4123.55, 4123.56, 4123.57, 4123.58, 4123.59, 4123.60,    57           

4123.61, 4123.62, 4123.64, 4123.65, 4123.651, 4123.66, 4123.68,    58           

4123.70, 4123.80, 4123.82, 4123.84, 4123.85, 4123.90, 4127.03,     59           

4127.06, and 4141.31 be amended and sections 4121.361, 4121.444,   60           

4123.061, 4123.15, and 4123.531 of the Revised Code be enacted to  61           

read as follows:                                                   62           

      Sec. 2913.48.  (A)  No person, with purpose to defraud or    71           

knowing that the person is facilitating a fraud, shall do any of   72           

the following:                                                     73           

                                                          3      

                                                                 
      (1)  Receive workers' compensation benefits to which the     75           

person is not entitled;                                            76           

      (2)  Make or present or cause to be made or presented a      78           

false or misleading statement with the purpose to secure payment   79           

for goods or services rendered under Chapter 4121., 4123., 4127.,  80           

or 4131. of the Revised Code or to secure workers' compensation    81           

benefits;                                                          82           

      (3)  Alter, falsify, destroy, conceal, or remove any record  84           

or document that is necessary to fully establish the validity of   85           

any claim filed with, or necessary to establish the nature and     86           

validity of all goods and services for which reimbursement or      87           

payment was received or is requested from, the bureau of workers'  88           

compensation, or a self-insuring employer under Chapter 4121.,     89           

4123., 4127., or 4131. of the Revised Code;                        90           

      (4)  Enter into an agreement or conspiracy to defraud the    92           

bureau or a self-insuring employer by making or presenting or      93           

causing to be made or presented a false claim for workers'         94           

compensation benefits;                                             95           

      (5)  MAKE OR PRESENT OR CAUSE TO BE MADE OR PRESENTED A      97           

FALSE OR MISLEADING STATEMENT OR OTHER MISREPRESENTATION           98           

CONCERNING MANUAL CODES, CLASSIFICATION OF EMPLOYEES, PAYROLL, OR  99           

NUMBER OF PERSONNEL, WHEN INFORMATION OF THAT NATURE IS NECESSARY  100          

TO DETERMINE THE ACTUAL WORKERS' COMPENSATION PREMIUM OR           101          

ASSESSMENT OWED TO THE BUREAU BY AN EMPLOYER;                      102          

      (6)  SOLICIT, OFFER, OR RECEIVE ANY REMUNERATION IN CASH OR  104          

IN KIND, INCLUDING, BUT NOT LIMITED TO, A KICKBACK OR REBATE, IN   105          

CONNECTION WITH A REFERRAL FOR THE FURNISHING OF GOODS OR          106          

SERVICES FOR WHICH REIMBURSEMENT MAY BE MADE PURSUANT TO CHAPTER   107          

4121., 4123., 4127., OR 4131. OF THE REVISED CODE.  DIVISION       108          

(A)(6) OF THIS SECTION DOES NOT APPLY TO ANY CONTRACT TO PROVIDE   109          

SERVICES UNDER THE BUREAU'S HEALTH CARE PARTNERSHIP PROGRAM        110          

ENTERED INTO BETWEEN A MANAGED CARE ORGANIZATION AND AN                         

ORGANIZATION FORMED PURSUANT TO DIVISION (A)(4) OF SECTION         111          

4123.29 OF THE REVISED CODE.                                       112          

                                                          4      

                                                                 
      (7)  ALTER A WORKERS' COMPENSATION CERTIFICATE TO FALSELY    114          

SHOW CURRENT OR CORRECT WORKERS' COMPENSATION COVERAGE;            115          

      (8)  KNOWINGLY FAIL TO SECURE OR MAINTAIN WORKERS'           117          

COMPENSATION COVERAGE AS REQUIRED BY CHAPTER 4123. OF THE REVISED  118          

CODE.                                                                           

      (B)  Whoever violates this section is guilty of workers'     120          

compensation fraud.  Except as otherwise provided in this          122          

division, a violation of this section is a misdemeanor of the      123          

first degree.  If the value of the PREMIUMS AND ASSESSMENTS        125          

UNPAID PURSUANT TO ACTIONS DESCRIBED IN DIVISION (A)(5) OR (8) OF  126          

THIS SECTION, OR OF goods, services, property, or money stolen is  129          

five hundred dollars or more and is less than five thousand        130          

dollars, a violation of this section is a felony of the fifth      131          

degree.  If the value of the PREMIUMS AND ASSESSMENTS UNPAID       133          

PURSUANT TO ACTIONS DESCRIBED IN DIVISION (A)(5) OR (8) OF THIS    134          

SECTION, OR OF goods, services, property, or money stolen is five  136          

thousand dollars or more and is less than one hundred thousand     137          

dollars, a violation of this section is a felony of the fourth     138          

degree.  If the value of the PREMIUMS AND ASSESSMENTS UNPAID       140          

PURSUANT TO ACTIONS DESCRIBED IN DIVISION (A)(5) OR (8) OF THIS    141          

SECTION, OR OF goods, services, property, or money stolen is one   143          

hundred thousand dollars or more, a violation of this section is   144          

a felony of the third degree.  WHOEVER VIOLATES DIVISION (A)(7)    145          

OF THIS SECTION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.         146          

      (C)  Upon application of the governmental body that          148          

conducted the investigation and prosecution of a violation of      149          

this section, the court shall order the person who is convicted    150          

of the violation to pay the governmental body its costs of         151          

investigating and prosecuting the case.  These costs are in        152          

addition to any other costs or penalty provided in the Revised     153          

Code or any other section of law.                                  154          

      (D)  The remedies and penalties provided in this section     156          

are not exclusive remedies and penalties and do not preclude the   157          

use of any other criminal or civil remedy or penalty for any act   158          

                                                          5      

                                                                 
that is in violation of this section.                              159          

      (E)  As used in this section:                                161          

      (1)  "False" means wholly or partially untrue or deceptive.  163          

      (2)  "Goods" includes, but is not limited to, medical        165          

supplies, appliances, rehabilitative equipment, and any other      166          

apparatus or furnishing provided or used in the care, treatment,   167          

or rehabilitation of a claimant for workers' compensation          168          

benefits.                                                          169          

      (3)  "Services" includes, but is not limited to, any         171          

service provided by any health care provider to a claimant for     172          

workers' compensation benefits AND ANY AND ALL SERVICES PROVIDED   173          

BY THE BUREAU AS PART OF WORKERS' COMPENSATION INSURANCE           175          

COVERAGE.                                                                       

      (4)  "Claim" means any attempt to cause the bureau, an       177          

independent third party with whom the administrator or an          178          

employer contracts under section 4121.44 of the Revised Code, or   179          

a self-insuring employer to make payment or reimbursement for      180          

workers' compensation benefits.                                    181          

      (5)  "Employment" means participating in any trade,          183          

occupation, business, service, or profession for substantial       184          

gainful remuneration.                                              185          

      (6)  "Employer," "employee," and "self-insuring employer"    187          

have the same meanings as in section 4123.01 of the Revised Code.  188          

      (7)  "Remuneration" includes, but is not limited to, wages,  190          

commissions, rebates, and any other reward or consideration.       191          

      (8)  "Statement" includes, but is not limited to, any oral,  193          

written, electronic, electronic impulse, or magnetic               194          

communication notice, letter, memorandum, receipt for payment,     195          

invoice, account, financial statement, OR bill for services; a     197          

diagnosis, prognosis, prescription, hospital, medical, or dental                

chart or other record; and a computer generated document.          198          

      (9)  "Records" means any medical, professional, financial,   200          

or business record relating to the treatment or care of any        201          

person, to goods or services provided to any person, or to rates   202          

                                                          6      

                                                                 
paid for goods or services provided to any person, or any record   203          

that the administrator of workers' compensation requires pursuant  204          

to rule.                                                           205          

      (10)  "Workers' compensation benefits" means any             207          

compensation or benefits payable under Chapter 4121., 4123.,       208          

4127., or 4131. of the Revised Code.                               209          

      Sec. 4121.32.  (A)  The rules covering operating procedure   217          

and criteria for decision-making that the administrator of         218          

workers' compensation and the industrial commission are required   219          

to adopt pursuant to section 4121.31 of the Revised Code shall be  220          

supplemented with operating manuals setting forth the procedural   221          

steps in detail for performing each of the assigned tasks of each  222          

section of the bureau of workers' compensation and commission.     223          

The administrator and commission jointly shall adopt such          224          

manuals.  No employee may deviate from manual procedures without   225          

authorization of the section chief.                                226          

      (B)  Manuals shall set forth the procedure for the           228          

assignment and transfer of claims within sections and be designed  229          

to provide performance objectives and may require employees to     230          

record sufficient data to reasonably measure the efficiency of     231          

functions in all sections.  The bureau's division of research and  232          

statistics shall perform periodic cost-effectiveness analyses      233          

which shall be made available to the general assembly, the         234          

governor, and to the public during normal working hours.           235          

      (C)  The bureau and commission jointly shall develop,        237          

adopt, and use a policy manual setting forth the guidelines and    238          

bases for decision-making for any decision which is the            239          

responsibility of the bureau, district hearing officers, staff     240          

hearing officers, or the commission.  Guidelines shall be set      241          

forth in the policy manual by the bureau and commission to the     242          

extent of their respective jurisdictions for deciding at least     243          

the following specific matters:                                    244          

      (1)  Reasonable ambulance services;                          246          

      (2)  Relationship of drugs to injury;                        248          

                                                          7      

                                                                 
      (3)  Awarding lump-sum advances for creditors;               250          

      (4)  Awarding lump-sum advances for attorney's fees;         252          

      (5)  Placing a claimant, INCLUDING A CLAIMANT WHOSE          254          

EMPLOYER IS A SELF-INSURING EMPLOYER, into rehabilitation;         255          

      (6)  Transferring costs of a claim from employer costs to    257          

the statutory surplus fund pursuant to section 4123.343 of the     258          

Revised Code;                                                      259          

      (7)  Utilization of physician specialist reports;            261          

      (8)  Determining the percentage of permanent partial         263          

disability, temporary IMPAIRMENT IN ACCORDANCE WITH THE MOST       264          

RECENT EDITION OF THE AMERICAN MEDICAL ASSOCIATION'S GUIDES TO     265          

THE EVALUATION OF PERMANENT IMPAIRMENT;                            266          

      (9)  DETERMINING THE PERCENTAGE OF TEMPORARY partial         268          

disability, temporary total disability, violations of specific     271          

safety requirements, an award under division (B) of section        272          

4123.57 of the Revised Code, and permanent total disability        273          

IMPAIRMENT.                                                                     

      (D)  The bureau shall establish, adopt, and implement        275          

policy guidelines and bases for decisions involving reimbursement  276          

issues including, but not limited to, the adjustment of invoices,  277          

the reduction of payments for future services when an internal     278          

audit concludes that a health care provider was overpaid or                     

improperly paid for past services, reimbursement fees, or other    279          

adjustments to payments.  These policy guidelines and bases for    280          

decisions, and any changes to the guidelines and bases, shall be   281          

set forth in a reimbursement manual and provider bulletins.        282          

      Neither the policy guidelines nor the bases set forth in     284          

the reimbursement manual or provider bulletins referred to in      285          

this division is a rule as defined in section 119.01 of the        286          

Revised Code.                                                                   

      (E)  With respect to any determination of disability OR      288          

IMPAIRMENT under Chapter 4123. of the Revised Code, when the       290          

physician makes a determination based upon statements or           291          

information furnished by the claimant or upon subjective           292          

                                                          8      

                                                                 
evidence, he THE PHYSICIAN shall clearly indicate this fact in     294          

his THE PHYSICIAN'S report.                                                     

      (F)  The administrator shall publish the manuals and make    296          

copies of all manuals available to interested parties at cost.     297          

      Sec. 4121.34.  (A)  The industrial commission shall appoint  306          

a sufficient number of district hearing officers for the purpose   307          

of hearing the matters listed in division (B) of this section.     308          

District hearing officers are in the classified civil service of   309          

the state, are full-time employees of the commission, and shall    310          

be persons admitted to the practice of law in this state.          312          

District hearing officers shall not engage in any other activity                

that interferes with their full-time employment by the commission  313          

during normal working hours.                                       314          

      (B)  District hearing officers shall have original           316          

jurisdiction on all of the following matters:                      317          

      (1)  Determinations under section 4123.57 of the Revised     319          

Code;                                                              320          

      (2)  All appeals from a decision of the administrator of     322          

workers' compensation under division (B) of section 4123.511 of    323          

the Revised Code;                                                  324          

      (3)  All other contested claims matters under this chapter   326          

and Chapters 4123., 4127., and 4131. of the Revised Code, except   327          

those matters over which staff hearing officers have original      328          

jurisdiction.                                                      329          

      (C)  The administrator of workers' compensation shall make   331          

available to each district hearing officer the facilities and      332          

assistance of bureau employees and furnish all information         333          

necessary to the performance of the district hearing officer's     334          

duties.                                                            335          

      (D)  A DISTRICT HEARING OFFICER SHALL REPORT TO THE          337          

INSPECTION DIVISION OF THE BUREAU OF WORKERS' COMPENSATION         338          

SUSPECTED FRAUDULENT ACTIVITY PERTAINING TO THE OPERATION OF THE   339          

WORKERS' COMPENSATION SYSTEM AND ITS SEVERAL INSURANCE FUNDS AS    340          

EVIDENCED DURING ANY HEARING IN WHICH THE HEARING OFFICER IS       341          

                                                          9      

                                                                 
PRESENT OR AS EVIDENCED BY ANY MATERIAL SUBMITTED FOR USE IN A                  

HEARING.  A DISTRICT HEARING OFFICER SHALL BE HELD HARMLESS FOR    342          

SUBMITTING A REPORT UNDER THIS DIVISION.  THE INSPECTION DIVISION  343          

SHALL MAINTAIN IN CONFIDENCE THE IDENTITY OF ANY HEARING OFFICER   344          

WHO SUBMITS A REPORT UNDER THIS DIVISION.                          345          

      Sec. 4121.35.  (A)  The industrial commission shall appoint  354          

staff hearing officers to consider and decide all matters          355          

specified in division (B) of this section.  All staff hearing      356          

officers are full-time employees of the commission and shall be    357          

admitted to the practice of law in this state.  Staff hearing      358          

officers shall not engage in any other activity that interferes    360          

with their full-time employment by the commission during normal    361          

working hours.                                                                  

      (B)  Except as provided in division (D) of this section,     363          

staff hearing officers have original jurisdiction to hear and      364          

decide the following matters:                                      365          

      (1)  Applications for permanent, total disability            367          

IMPAIRMENT awards pursuant to section 4123.58 of the Revised       369          

Code;                                                                           

      (2)  Appeals from an order of a district hearing officer     371          

issued under division (C) of section 4123.511 of the Revised       372          

Code;                                                              373          

      (3)  Applications for additional awards for violation of a   375          

specific safety rule of the administrator of workers'              376          

compensation pursuant to Section 35 of Article II of the Ohio      377          

Constitution;                                                      378          

      (4)  Applications for reconsideration pursuant to division   380          

(A) of section 4123.57 of the Revised Code.  Decisions of the      381          

staff hearing officers on reconsideration pursuant to division     382          

(A) of section 4123.57 of the Revised Code are final.              383          

      (5)  Reviews of settlement agreements pursuant to section    385          

4123.65 of the Revised Code.  Decisions of the staff hearing       386          

officer under that section are final and not appealable to the     387          

commission or to court under section 4123.511 or 4123.512 of the   388          

                                                          10     

                                                                 
Revised Code.                                                      389          

      (C)  The decision of a staff hearing officer under division  391          

(D) of section 4123.511 of the Revised Code is the decision of     392          

the commission for the purposes of section 4123.512 of the         393          

Revised Code unless the commission hears an appeal under division  394          

(E) of section 4123.511 of the Revised Code.                       395          

      (D)  Staff hearing officers shall hold hearings on all       397          

matters referred to them for hearing.  Hearing procedures shall    398          

conform to the rules the commission adopts pursuant to section     399          

4121.36 of the Revised Code.                                       400          

      (E)  A STAFF HEARING OFFICER SHALL REPORT TO THE INSPECTION  403          

DIVISION OF THE BUREAU OF WORKERS' COMPENSATION SUSPECTED          404          

FRAUDULENT ACTIVITY PERTAINING TO THE OPERATION OF THE WORKERS'                 

COMPENSATION SYSTEM AND ITS SEVERAL INSURANCE FUNDS AS EVIDENCED   405          

DURING ANY HEARING IN WHICH THE HEARING OFFICER IS PRESENT OR AS   406          

EVIDENCED BY ANY MATERIAL SUBMITTED FOR USE IN A HEARING.  A       407          

STAFF HEARING OFFICER SHALL BE HELD HARMLESS FOR SUBMITTING A      408          

REPORT UNDER THIS DIVISION.  THE INSPECTION DIVISION SHALL         409          

MAINTAIN IN CONFIDENCE THE IDENTITY OF ANY HEARING OFFICER WHO                  

SUBMITS A REPORT UNDER THIS DIVISION.                              410          

      Sec. 4121.36.  (A)  The industrial commission shall adopt    419          

rules as to the conduct of all hearings before the commission and  420          

its staff and district hearing officers and the rendering of a     421          

decision and shall focus such rules on managing, directing, and    422          

otherwise ensuring a fair, equitable, and uniform hearing          423          

process.  These rules shall provide for at least the following     424          

steps and procedures:                                              425          

      (1)  Adequate notice to all parties and their                427          

representatives to ensure that no hearing is conducted unless all  428          

parties have the opportunity to be present and to present          429          

evidence and arguments in support of their positions or in         430          

rebuttal to the evidence or arguments of other parties;            431          

      (2)  A public hearing;                                       433          

      (3)  Written decisions;                                      435          

                                                          11     

                                                                 
      (4)  Impartial assignment of staff and district hearing      437          

officers and assignment of appeals from a decision of the          438          

administrator of workers' compensation to a district hearing       439          

officer located at the commission service office that is the       440          

closest in geographic proximity to the claimant's residence;       442          

      (5)  Publication of a docket;                                444          

      (6)  The securing of the attendance or testimony of          446          

witnesses;                                                         447          

      (7)  Prehearing rules, including rules relative to           449          

discovery, the taking of depositions, and exchange of information  450          

relevant to a claim prior to the conduct of a hearing;             451          

      (8)  The issuance of orders by the district or staff         453          

hearing officer who renders the decision.                          454          

      (B)  Every decision by a staff or district hearing officer   456          

or the commission shall be in writing and contain all of the       457          

following elements:                                                458          

      (1)  A concise statement of the order or award;              460          

      (2)  A notation as to notice provided and as to appearance   462          

of parties;                                                        463          

      (3)  Signatures of each commissioner or appropriate hearing  465          

officer on the original copy of the decision only, verifying the   467          

commissioner's or hearing officer's vote;                          468          

      (4)  Description of the part of the body and nature of the   470          

disability recognized in the claim.                                471          

      (C)  The commission shall adopt rules that require the       473          

regular rotation of district hearing officers with respect to the  474          

types of matters under consideration and that ensure that no       475          

district or staff hearing officer or the commission hears a claim  476          

unless all interested and affected parties have the opportunity    477          

to be present and to present evidence and arguments in support of  478          

their positions or in rebuttal to the evidence or arguments of     479          

other parties.                                                     480          

      (D)  All matters which, at the request of one of the         482          

parties or on the initiative of the administrator and any          483          

                                                          12     

                                                                 
commissioner, are to be expedited, shall require at least          484          

forty-eight hours' notice, a public hearing, and a statement in    485          

any order of the circumstances that justified such expeditious     486          

hearings.                                                          487          

      (E)  All meetings of the commission and district and staff   489          

hearing officers shall be public with adequate notice, including   490          

if necessary, to the claimant, the employer, their                 491          

representatives, and the administrator.  Confidentiality of        492          

medical evidence presented at a hearing does not constitute a      493          

sufficient ground to relieve the requirement of a public hearing,  494          

but the presentation of privileged or confidential evidence shall  495          

not create any greater right of public inspection of evidence      496          

than presently exists.                                             497          

      (F)  The commission shall compile all of its original        499          

memorandums, orders, and decisions in a journal and make the       500          

journal available to the public with sufficient indexing to allow  501          

orderly review of documents.  The journal shall indicate the vote  502          

of each commissioner.                                              503          

      (G)(1)  All original orders, rules, and memoranda, and       505          

decisions of the commission shall contain the signatures of two    507          

of the three commissioners and state whether adopted at a meeting  508          

of the commission or by circulation to individual commissioners.   509          

Any facsimile or secretarial signature, initials of                510          

commissioners, and delegated employees, and any printed record of  511          

the "yes" and "no" vote of a commission member or of a hearing     512          

officer on such original is invalid.                               514          

      (2)  Written copies of final decisions of district or staff  516          

hearing officers or the commission that are mailed to the          517          

administrator, employee, employer, and their respective            518          

representatives need not contain the signatures of the hearing     519          

officer or commission members if the hearing officer or            520          

commission members have complied with divisions (B)(3) and (G)(1)  521          

of this section.                                                                

      (H)  The commission shall do both of the following:          523          

                                                          13     

                                                                 
      (1)  Appoint an individual as a hearing officer trainer who  525          

is in the unclassified civil service of the state and who serves   526          

at the pleasure of the commission.  The trainer shall be an        527          

attorney registered to practice law in this state and have         528          

experience in training or education, and the ability to furnish    529          

the necessary training for district and staff hearing officers.    530          

      The hearing officer trainer shall develop and periodically   532          

update a training manual and such other training materials and     533          

courses as will adequately prepare district and staff hearing      534          

officers for their duties under this chapter and Chapter 4123. of  535          

the Revised Code.  All district and staff hearing officers shall   536          

undergo the training courses developed by the hearing officer      537          

trainer, the cost of which the commission shall pay.  The          538          

commission shall make the hearing officer manual and all           539          

revisions thereto available to the public at cost.                 540          

      The commission shall have the final right of approval over   542          

all training manuals, courses, and other materials the hearing     543          

officer trainer develops and updates.                              544          

      (2)  Appoint a hearing administrator, who shall be in the    546          

classified civil service of the state, for each bureau service     547          

office, and sufficient support personnel for each hearing          548          

administrator, which support personnel shall be under the direct   549          

supervision of the hearing administrator.  The hearing             550          

administrator shall do all of the following:                       551          

      (a)  Assist the commission in ensuring that district         553          

hearing officers comply with the time limitations for the holding  554          

of hearings and issuance of orders under section 4123.511 of the   555          

Revised Code.  For that purpose, each hearing administrator shall  556          

prepare a monthly report identifying the status of all claims in   557          

its office and identifying specifically the claims which have not  558          

been decided within the time limits set forth in section 4123.511  559          

of the Revised Code.  The commission shall submit an annual        560          

report of all such reports to the standing committees of the       561          

house of representatives and of the state to which matters         562          

                                                          14     

                                                                 
concerning workers' compensation are normally referred.            563          

      (b)  Provide information to requesting parties or their      565          

representatives on the status of their claim;                      566          

      (c)  Issue compliance letters, upon a finding of good cause  568          

and without a formal hearing in all of the following areas:        569          

      (i)  Divisions (B) and (C) of section 4123.651 of the        571          

Revised Code;                                                      572          

      (ii)  Requests for the taking of depositions of bureau and   574          

commission physicians;                                             575          

      (iii)  The issuance of subpoenas;                            577          

      (iv)  The granting or denying of requests for continuances;  579          

      (v)  Matters involving section 4123.522 of the Revised       581          

Code;                                                              582          

      (vi)  Requests for conducting telephone pre-hearing          584          

conferences;                                                       585          

      (vii)  Any other matter that will cause a free exchange of   587          

information prior to the formal hearing.                           588          

      (d)  Ensure that claim files are reviewed by the district    590          

hearing officer prior to the hearing to ensure that there is       591          

sufficient information to proceed to a hearing;                    592          

      (e)  Ensure that for occupational disease claims under       594          

section 4123.68 of the Revised Code that require a medical         595          

examination the medical examination is conducted prior to the      596          

hearing;                                                           597          

      (f)  Take the necessary steps to prepare a claim to proceed  599          

to a hearing where the parties agree and advise the hearing        600          

administrator that the claim is not ready for a hearing.           602          

      (I)  The commission shall permit any person direct access    604          

to information contained in electronic data processing equipment   605          

regarding the status of a claim in the hearing process.  The       606          

information shall indicate the number of days that the claim has   607          

been in process, the number of days the claim has been in its      608          

current location, and the number of days in the current point of   609          

the process within that location.                                  610          

                                                          15     

                                                                 
      (J)(1)  The industrial commission may establish an           612          

alternative dispute resolution process for workers' compensation   613          

claims that are within the commission's jurisdiction under         615          

Chapters 4121., 4123., 4127., and 4131. of the Revised Code when   617          

the commission determines that such a process is necessary.        618          

Notwithstanding sections 4121.34 and 4121.35 of the Revised Code,  619          

the commission may enter into personal service contracts with      620          

individuals who are qualified because of their education and       621          

experience to act as facilitators in the commission's alternative  622          

dispute resolution process.                                                     

      (2)  The parties' use of the alternative dispute resolution  624          

process is voluntary, and requires the agreement of all necessary  625          

parties.  The use of the alternative dispute resolution process    627          

does not alter the rights or obligations of the parties, nor does  629          

it delay the timelines set forth in section 4123.511 of the        630          

Revised Code.                                                      631          

      (3)  The commission shall prepare monthly reports and        633          

submit those reports to the governor, the president of the         634          

senate, and the speaker of the house of representatives            635          

describing all of the following:                                                

      (a)  The names of each facilitator employed under a          637          

personal service contract;                                         638          

      (b)  The hourly amount of money and the total amount of      641          

money paid to each facilitator;                                                 

      (c)  The number of disputed issues resolved during that      644          

month by each facilitator;                                                      

      (d)  The number of decisions of each facilitator that were   647          

appealed by a party;                                                            

      (e)  A certification by the commission that the alternative  650          

dispute resolution process did not delay any hearing timelines as               

set forth in section 4123.511 of the Revised Code for any          652          

disputed issue.                                                                 

      (4)  The commission may adopt rules in accordance with       654          

chapter 119. of the Revised Code for the administration of any     657          

                                                          16     

                                                                 
alternative dispute resolution process that the commission         658          

establishes.                                                                    

      Sec. 4121.361.  THE INDUSTRIAL COMMISSION MAY, BY RULE,      660          

AUTHORIZE PERSONS OTHER THAN PERSONS WHO ARE ADMITTED TO THE       661          

PRACTICE OF LAW ALSO TO APPEAR BEFORE THE COMMISSION OR A          662          

DISTRICT OR STAFF HEARING OFFICER IN ANY KIND OF PROCEEDING AS     664          

REPRESENTATIVES OF EMPLOYERS OR EMPLOYEES.  THE COMMISSION MAY     665          

PRESCRIBE IN A RULE ADOPTED PURSUANT TO THIS SECTION, THE MINIMUM  666          

QUALIFICATIONS FOR SUCH PERSONS AND MINIMUM STANDARDS OF PRACTICE  667          

AS THE COMMISSION DETERMINES TO BE APPROPRIATE.                    668          

      NOTWITHSTANDING SECTION 119.13 OF THE REVISED CODE, THE      672          

REPRESENTATION OF PARTIES BEFORE THE COMMISSION OR DISTRICT OR                  

STAFF HEARING OFFICERS BY A PERSON NOT ADMITTED TO THE PRACTICE    673          

OF LAW DOES NOT IMPAIR OR INVALIDATE A PROCEEDING FOR THE PURPOSE  675          

OF A SUBSEQUENT APPEAL TO A COURT OR FOR ANY OTHER PURPOSE WHERE   676          

A PARTY KNOWINGLY SELECTS REPRESENTATION BY A PERSON NOT ADMITTED  677          

TO THE PRACTICE OF LAW.                                                         

      AN EMPLOYEE CLAIMING BENEFITS UNDER THIS CHAPTER OR          680          

CHAPTERS 4123., 4127., OR 4131. OF THE REVISED CODE, OR AN         682          

EMPLOYER MAY REPRESENT SELF PERSONALLY OR BE REPRESENTED BY A                   

PERSON ADMITTED TO THE PRACTICE OF LAW, OR BY A PERSON NOT         683          

ADMITTED TO THE PRACTICE OF LAW, IN ANY PROCEEDING BEFORE THE      685          

INDUSTRIAL COMMISSION OR A DISTRICT OR STAFF HEARING OFFICER.      686          

      Sec. 4121.38.  (A)  The industrial commission shall DO ALL   695          

OF THE FOLLOWING:                                                  696          

      (1)  Implement a program of impairment evaluation training   698          

for its staff physicians;                                          699          

      (2)  Issue a manual of commission policy as to impairment    701          

evaluation so as to increase consistency of medical reports,       702          

INCLUDING, BUT NOT LIMITED TO, A POLICY REQUIRING THE USE OF THE   703          

MOST RECENT EDITION OF THE AMERICAN MEDICAL ASSOCIATION'S GUIDES   704          

TO THE EVALUATION OF PERMANENT IMPAIRMENT FOR THE EVALUATION OF    705          

PERMANENT PARTIAL IMPAIRMENT CLAIMS.  This manual shall be         707          

available to the public at cost but shall be provided free to all  708          

                                                          17     

                                                                 
physicians who treat claimants or to whom claimants are referred   709          

for evaluation.  The commission shall take steps to ensure that    710          

the manual receives the widest possible distribution to            711          

physicians.                                                                     

      (3)  Develop a method of peer review of medical reports      713          

prepared by the commission referral doctors;                       714          

      (4)  Issue a policy manual as to the basis upon which        716          

referrals to other than commission specialists will be made;       717          

      (5)  Designate two hearing examiners and two medical staff   719          

members who shall be specially trained in medical-legal analysis.  720          

The specialists shall write evaluations of medical-legal problems  721          

upon assignment by other hearing examiners or the commission. The  723          

director of administrative services upon commission advice shall   724          

assign such employees to a salary schedule commensurate with       725          

expertise required of them.                                                     

      (6)  Require that prior to any examination, a physician to   727          

whom a claimant is referred for examination receives all           728          

necessary medical information in the claim file about the          729          

claimant and a complete statement as to the purpose of the         730          

examination.                                                       731          

      (B)  The commission may establish a medical section within   733          

the commission to perform the duties assigned to the commission    734          

under this section.                                                735          

      Sec. 4121.444.  (A)  NO HEALTH CARE PROVIDER, MANAGED CARE   737          

ORGANIZATION, OR OWNER OF A HEALTH CARE PROVIDER OR MANAGED CARE   738          

ORGANIZATION SHALL OBTAIN OR ATTEMPT TO OBTAIN PAYMENTS BY         739          

DECEPTION UNDER CHAPTER 4121., 4123., 4127., OR 4131. OF THE       740          

REVISED CODE TO WHICH THE HEALTH CARE PROVIDER, MANAGED CARE       741          

ORGANIZATION, OR OWNER IS NOT ENTITLED UNDER RULES OF THE BUREAU   742          

OF WORKERS' COMPENSATION ADOPTED PURSUANT TO SECTIONS 4121.441     743          

AND 4121.442 OF THE REVISED CODE.                                  744          

      (B)  ANY HEALTH CARE PROVIDER, MANAGED CARE ORGANIZATION,    746          

OR OWNER THAT VIOLATES DIVISION (A) OF THIS SECTION IS LIABLE, IN  748          

ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW, FOR ALL OF THE                 

                                                          18     

                                                                 
FOLLOWING PENALTIES:                                               749          

      (1)  PAYMENT OF INTEREST ON THE AMOUNT OF THE EXCESS         751          

PAYMENTS AT THE MAXIMUM INTEREST RATE ALLOWABLE FOR REAL ESTATE    752          

MORTGAGES UNDER SECTION 1343.01 OF THE REVISED CODE.  THE          753          

INTEREST SHALL BE CALCULATED FROM THE DATE THE PAYMENT WAS MADE    754          

TO THE OWNER, HEALTH CARE PROVIDER, OR MANAGED CARE ORGANIZATION   756          

THROUGH THE DATE UPON WHICH REPAYMENT IS MADE TO THE BUREAU OR                  

THE SELF-INSURING EMPLOYER.                                        758          

      (2)  PAYMENT OF AN AMOUNT EQUAL TO THREE TIMES THE AMOUNT    760          

OF ANY EXCESS PAYMENTS;                                            761          

      (3)  UPON PROOF OF A SPECIFIC INTENT OF THE HEALTH CARE      764          

PROVIDER, MANAGED CARE ORGANIZATION, OR OWNER TO DEFRAUD, PAYMENT  766          

OF A SUM OF NOT LESS THAN FIVE THOUSAND DOLLARS AND NOT MORE THAN  768          

TEN THOUSAND DOLLARS FOR EACH ACT OF DECEPTION;                                 

      (4)  ALL REASONABLE AND NECESSARY EXPENSES THAT THE COURT    770          

DETERMINES HAVE BEEN INCURRED BY THE BUREAU OR THE SELF-INSURING   771          

EMPLOYER IN THE ENFORCEMENT OF THIS SECTION.                       773          

      ALL MONEYS COLLECTED BY THE BUREAU PURSUANT TO THIS SECTION  775          

SHALL BE DEPOSITED INTO THE STATE INSURANCE FUND CREATED IN        776          

SECTION 4123.30 OF THE REVISED CODE.  ALL MONEYS COLLECTED BY A    778          

SELF-INSURING EMPLOYER PURSUANT TO THIS SECTION SHALL BE AWARDED   779          

TO THE SELF-INSURING EMPLOYER.                                     780          

      (C)(1)  IN ADDITION TO THE MONETARY PENALTIES PROVIDED IN    783          

DIVISION (B) OF THIS SECTION AND EXCEPT AS PROVIDED IN DIVISION    784          

(C)(3) OF THIS SECTION, THE ADMINISTRATOR MAY TERMINATE, FOR A     785          

PERIOD NOT TO EXCEED FIVE YEARS FROM THE DATE OF CONVICTION, PLEA  786          

OF GUILTY, OR JUDGMENT ENTRY, ANY AGREEMENT BETWEEN THE BUREAU     787          

AND A HEALTH CARE PROVIDER OR MANAGED CARE ORGANIZATION OR ITS     788          

OWNER AND CEASE REIMBURSEMENT TO THAT PROVIDER, ORGANIZATION, OR   789          

OWNER FOR SERVICES RENDERED IF ANY OF THE FOLLOWING APPLY:         790          

      (a)  THE HEALTH CARE PROVIDER, MANAGED CARE ORGANIZATION,    793          

OR ITS OWNER, OR AN OFFICER, AUTHORIZED AGENT, ASSOCIATE,                       

MANAGER, OR EMPLOYEE OF A PROVIDER OR ORGANIZATION IS CONVICTED    794          

OF OR PLEADS GUILTY TO A VIOLATION OF SECTIONS 2913.48 OR 2923.31  796          

                                                          19     

                                                                 
TO 2923.36 OF THE REVISED CODE.                                                 

      (b)  THERE EXISTS AN ENTRY OF JUDGMENT AGAINST THE HEALTH    799          

CARE PROVIDER, MANAGED CARE ORGANIZATION, OR ITS OWNER, OR AN                   

OFFICER, AUTHORIZED AGENT, ASSOCIATE, MANAGER, OR EMPLOYEE OF A    800          

PROVIDER OR ORGANIZATION AND PROOF OF THE SPECIFIC INTENT OF THE   802          

HEALTH CARE PROVIDER, MANAGED CARE ORGANIZATION, OR OWNER TO                    

DEFRAUD, IN A CIVIL ACTION BROUGHT PURSUANT TO THIS SECTION.       803          

      (c)  THERE EXISTS AN ENTRY OF JUDGMENT AGAINST THE HEALTH    805          

CARE PROVIDER, MANAGED CARE ORGANIZATION, OR ITS OWNER, OR AN      806          

OFFICER, AUTHORIZED AGENT, ASSOCIATE, MANAGER, OR EMPLOYEE OF A    807          

PROVIDER OR ORGANIZATION IN A CIVIL ACTION BROUGHT PURSUANT TO     809          

SECTIONS 2923.31 TO 2923.36 OF THE REVISED CODE.                   810          

      (2)  NO HEALTH CARE PROVIDER OR MANAGED CARE ORGANIZATION    812          

THAT HAS HAD ITS AGREEMENT WITH AND REIMBURSEMENT FROM THE BUREAU  813          

TERMINATED BY THE ADMINISTRATOR PURSUANT TO DIVISION (C)(1) OF     814          

THIS SECTION, OR AN OWNER, OFFICER, AUTHORIZED AGENT, ASSOCIATE,   816          

MANAGER, OR EMPLOYEE OF THAT HEALTH CARE PROVIDER OR MANAGED CARE  817          

ORGANIZATION SHALL DO ANY OF THE FOLLOWING:                                     

      (a)  DIRECTLY PROVIDE SERVICES TO ANY OTHER BUREAU PROVIDER  820          

OR HAVE AN OWNERSHIP INTEREST IN A PROVIDER OF SERVICES THAT                    

FURNISHES SERVICES TO ANY OTHER BUREAU PROVIDER;                   822          

      (b)  ARRANGE FOR, RENDER, OR ORDER SERVICES FOR CLAIMANTS    825          

DURING THE PERIOD THAT THE AGREEMENT OF THE HEALTH CARE PROVIDER,               

MANAGED CARE ORGANIZATION, OR ITS OWNER IS TERMINATED AS           826          

DESCRIBED IN DIVISION (C)(1) OF THIS SECTION;                      827          

      (c)  RECEIVE REIMBURSEMENT IN THE FORM OF DIRECT PAYMENTS    830          

FROM THE BUREAU OR INDIRECT PAYMENTS OF BUREAU FUNDS IN THE FORM                

OF SALARIES, SHARED FEES, CONTRACTS, KICKBACKS, OR REBATES FROM    831          

OR THROUGH ANY PARTICIPATING PROVIDER.                             832          

      (3)  THE ADMINISTRATOR SHALL NOT TERMINATE THE AGREEMENT OR  834          

REIMBURSEMENT IF THE HEALTH CARE PROVIDER, MANAGED CARE            835          

ORGANIZATION, OR OWNER DEMONSTRATES THAT THE PROVIDER,             836          

ORGANIZATION, OR OWNER DID NOT DIRECTLY OR INDIRECTLY SANCTION     837          

THE ACTION OF THE AUTHORIZED AGENT, ASSOCIATE, MANAGER, OR                      

                                                          20     

                                                                 
EMPLOYEE THAT RESULTED IN THE CONVICTION, PLEA OF GUILTY, OR       839          

ENTRY OF JUDGMENT AS DESCRIBED IN DIVISION (C)(1) OF THIS          840          

SECTION.                                                                        

      (4)  NOTHING IN DIVISION (C) OF THIS SECTION PROHIBITS AN    843          

OWNER, OFFICER, AUTHORIZED AGENT, ASSOCIATE, MANAGER, OR EMPLOYEE  844          

OF A HEALTH CARE PROVIDER OR MANAGED CARE ORGANIZATION FROM                     

ENTERING INTO AN AGREEMENT WITH THE BUREAU IF THE PROVIDER,        845          

ORGANIZATION, OWNER, OFFICER, AUTHORIZED AGENT, ASSOCIATE,         846          

MANAGER, OR EMPLOYEE DEMONSTRATES ABSENCE OF KNOWLEDGE OF THE      848          

ACTION OF THE HEALTH CARE PROVIDER OR MANAGED CARE ORGANIZATION    849          

WITH WHICH THAT INDIVIDUAL OR ORGANIZATION WAS FORMERLY                         

ASSOCIATED THAT RESULTED IN A CONVICTION, PLEA OF GUILTY, OR       851          

ENTRY OF JUDGMENT AS DESCRIBED IN DIVISION (C)(1) OF THIS          852          

SECTION.                                                                        

      (D)  THE ATTORNEY GENERAL MAY BRING AN ACTION ON BEHALF OF   855          

THE STATE AND A SELF-INSURING EMPLOYER MAY BRING AN ACTION ON ITS  856          

OWN BEHALF TO ENFORCE THIS SECTION IN ANY COURT OF COMPETENT                    

JURISDICTION.  THE ATTORNEY GENERAL MAY SETTLE OR COMPROMISE ANY   857          

ACTION BROUGHT UNDER THIS SECTION WITH THE APPROVAL OF THE         859          

ADMINISTRATOR.                                                                  

      NOTWITHSTANDING ANY OTHER LAW PROVIDING A SHORTER PERIOD OF  861          

LIMITATIONS, THE ATTORNEY GENERAL OR A SELF-INSURING EMPLOYER MAY  862          

BRING AN ACTION TO ENFORCE THIS SECTION AT ANY TIME WITHIN SIX     863          

YEARS AFTER THE CONDUCT IN VIOLATION OF THIS SECTION TERMINATES.   864          

      (E)  THE AVAILABILITY OF REMEDIES UNDER THIS SECTION AND     867          

SECTIONS 2913.48 AND 2923.31 TO 2923.36 OF THE REVISED CODE FOR    868          

RECOVERING BENEFITS PAID ON BEHALF OF CLAIMANTS FOR MEDICAL                     

ASSISTANCE DOES NOT LIMIT THE AUTHORITY OF THE BUREAU OR A         869          

SELF-INSURING EMPLOYER TO RECOVER EXCESS PAYMENTS MADE TO AN       870          

OWNER, HEALTH CARE PROVIDER, OR MANAGED CARE ORGANIZATION UNDER    872          

STATE AND FEDERAL LAW.                                                          

      (F)  AS USED IN THIS SECTION:                                874          

      (1)  "DECEPTION" MEANS ACTING WITH ACTUAL KNOWLEDGE OF, IN   876          

DELIBERATE IGNORANCE OF, OR RECKLESS DISREGARD OF THE TRUTH OR     877          

                                                          21     

                                                                 
FALSITY OF, ANY REPRESENTATION OR INFORMATION IN ORDER TO DECEIVE  878          

ANOTHER OR CAUSE ANOTHER TO BE DECEIVED BY MEANS OF ANY OF THE     879          

FOLLOWING:                                                                      

      (a)  A FALSE OR MISLEADING REPRESENTATION;                   881          

      (b)  THE WITHHOLDING OF INFORMATION;                         883          

      (c)  THE PREVENTING OF ANOTHER FROM ACQUIRING INFORMATION;   886          

      (d)  ANY OTHER CONDUCT, ACT, OR OMISSION THAT CREATES,       889          

CONFIRMS, OR PERPETUATES A FALSE IMPRESSION AS TO A FACT, THE                   

LAW, THE VALUE OF SOMETHING, OR A PERSON'S STATE OF MIND.          891          

      EXCEPT AS PROVIDED IN DIVISION (B)(3) OF THIS SECTION, FOR   895          

PURPOSES OF THIS SECTION PROOF OF SPECIFIC INTENT TO DEFRAUD IS    896          

NOT REQUIRED IN ORDER TO SHOW THAT AN OWNER, HEALTH CARE           897          

PROVIDER, OR MANAGED CARE ORGANIZATION IS ENGAGING IN OR HAS       898          

ENGAGED IN DECEPTION.                                                           

      (2)  "OWNER" MEANS ANY PERSON HAVING AT LEAST A FIVE PER     900          

CENT OWNERSHIP INTEREST IN A HEALTH CARE PROVIDER OR MANAGED CARE  901          

ORGANIZATION.                                                                   

      Sec. 4121.47.  (A)  No employer shall violate a specific     910          

safety rule adopted by the administrator of workers' compensation  911          

pursuant to section 4121.13 of the Revised Code or an act of the   913          

general assembly to protect the lives, health, and safety of       914          

employees pursuant to Section 35 of Article II, Ohio               915          

Constitution.  Chapter 4167. of the Revised Code and rules and     916          

standards adopted thereunder UNDER THAT CHAPTER are not the rules  917          

or enactment referred to in this division and shall not be         918          

considered as such for purposes of this section.  FOR PURPOSES OF  919          

THIS SECTION, A SPECIFIC SAFETY RULE OF THE ADMINISTRATOR THAT     921          

REFERS TO OR IS INTERPRETED AS APPLYING TO WORKSHOPS AND                        

FACTORIES SHALL NOT APPLY TO BUILDINGS OR STRUCTURES USED FOR      922          

AGRICULTURAL PRODUCTION, OR TO ANY OF THE FIXTURES, MACHINERY,     923          

EQUIPMENT, TOOLS, OR DEVICES UTILIZED IN THOSE BUILDINGS OR        924          

STRUCTURES.                                                                     

      "AGRICULTURAL PRODUCTION" MEANS OPERATIONS UPON FARM         926          

PREMISES, INCLUDING THE PLANTING, CULTIVATING, PRODUCING,          927          

                                                          22     

                                                                 
GROWING, HARVESTING, DRYING, AND STORING OF AGRICULTURAL OR        928          

HORTICULTURAL COMMODITIES AND PREPARATION FOR MARKET OF THOSE      929          

COMMODITIES ON FARM PREMISES, THE RAISING OF LIVESTOCK, FOR FOOD                

PRODUCTS, OR RACING PURPOSES, AND POULTRY ON FARM PREMISES, AND    930          

ANY WORK PERFORMED INCIDENT TO OR IN CONNECTION WITH THOSE FARM    931          

OPERATIONS.  "AGRICULTURAL PRODUCTION" DOES NOT INCLUDE THE        932          

COMMERCIAL PROCESSING, PACKING, DRYING, STORING, OR CANNING OF     933          

THOSE COMMODITIES FOR MARKET, OR COMMERCIAL TIMBER HARVESTING BY   934          

AN INDEPENDENT CONTRACTOR.                                                      

      (B)  If a staff hearing officer, in the course of his THE    936          

HEARING OFFICER'S determination of a claim for an additional       937          

award under Section 35 of Article II, Ohio Constitution, finds     938          

the employer guilty of violating division (A) of this section, he  939          

shall THE HEARING OFFICER, in addition to any award paid to the    940          

claimant, SHALL issue an order to the employer to correct the      942          

violation within the period of time he fixes FIXED BY THE HEARING  943          

OFFICER.  For any violation occurring within twenty-four months    944          

of the last violation, the staff hearing officer shall assess      945          

against the employer a civil penalty in an amount he THE HEARING   946          

OFFICER determines up to a maximum of fifty thousand dollars for   948          

each violation.  In fixing the exact penalty, the staff hearing    949          

officer shall base his THE decision upon the size of the employer  951          

as measured by the number of employees, assets, and earnings of    952          

the employer.                                                                   

      (C)  An employer dissatisfied with the imposition of a       954          

civil penalty pursuant to division (B) of this section may appeal  955          

the staff hearing officer's decision, if the commission refuses    956          

to hear the appeal under division (E) of section 4123.511 of the   957          

Revised Code, or a decision of the commission, if the commission   958          

hears the appeal under that division, to a court of common pleas   959          

pursuant to the Rules of Civil Procedure.  An appeal operates to   960          

stay the payment of the fine pending the appeal.                   961          

      (D)  The administrator shall deposit all penalties           963          

collected pursuant to this section in the occupational safety      964          

                                                          23     

                                                                 
loan program fund established pursuant to section 4121.48 of the   965          

Revised Code.                                                      966          

      Sec. 4121.61.  (A)  The administrator of workers'            975          

compensation, with the advice and consent of the workers'          977          

compensation oversight commission, shall adopt rules, INCLUDING    978          

RULES DESCRIBED IN DIVISION (B) OF THIS SECTION, take measures,    979          

and make expenditures as it THE ADMINISTRATOR deems necessary to   980          

aid claimants who have sustained compensable injuries or incurred  981          

compensable occupational diseases pursuant to Chapter 4123.,       982          

4127., or 4131. of the Revised Code to return to work or to        983          

assist in lessening or removing any resulting handicap.                         

      (B)  THE ADMINISTRATOR SHALL ADOPT RULES UNDER THIS SECTION  985          

ESTABLISHING CRITERIA GOVERNING DETERMINATIONS FOR THE PROVISION   986          

OF REHABILITATION SERVICES, COUNSELING, OR TRAINING BY             987          

SELF-INSURING EMPLOYERS WHO PAY DIRECTLY TO A CLAIMANT OR TO THE   988          

PROVIDER OF REHABILITATION SERVICES, COUNSELING, OR TRAINING.      989          

THE INDUSTRIAL COMMISSION SHALL ESTABLISH RULES REGARDING A        990          

HEARING PROCEDURE TO GOVERN DISPUTES BETWEEN A CLAIMANT AND A      991          

SELF-INSURING EMPLOYER REGARDING THE PROVISION OF REHABILITATION   992          

SERVICES, COUNSELING, OR TRAINING.                                              

      Sec. 4121.67.  The administrator of workers' compensation,   1,000        

with the advice and consent of the workers' compensation           1,002        

oversight commission, shall adopt rules:                           1,003        

      (A)  For the encouragement of reemployment of claimants who  1,005        

have successfully completed prescribed rehabilitation programs by  1,006        

payment from the surplus fund established by section 4123.34 of    1,007        

the Revised Code to employers who employ or reemploy the           1,008        

claimants.  The period or periods of payments shall not exceed     1,009        

six months in the aggregate, unless the administrator or his THE   1,010        

ADMINISTRATOR'S designee determines that the claimant will be      1,011        

benefited by an extension of payments.                             1,012        

      (B)  Requiring payment, in the same manner as living         1,014        

maintenance payments are made pursuant to section 4121.63 of the   1,015        

Revised Code, to the claimant who completes a rehabilitation       1,016        

                                                          24     

                                                                 
training program and returns to employment, but who suffers a      1,017        

wage loss compared to the wage the claimant was receiving at the   1,018        

time of injury.  Payments per week shall be sixty-six and          1,019        

two-thirds per cent of the difference, if any, between the         1,020        

claimant's weekly wage at the time of injury and the weekly wage   1,021        

received while employed, up to a maximum payment per week equal    1,022        

to the statewide average weekly wage.  The payments may continue   1,023        

for up to a maximum of two hundred weeks but shall be reduced by   1,024        

the corresponding number of weeks in which the claimant receives   1,025        

payments pursuant to division (B)(C) of section 4123.56 of the     1,026        

Revised Code.                                                      1,027        

      Sec. 4123.01.  As used in this chapter:                      1,036        

      (A)(1)  "Employee" means:                                    1,038        

      (a)  Every person in the service of the state, or of any     1,040        

county, municipal corporation, township, or school district        1,041        

therein, including regular members of lawfully constituted police  1,042        

and fire departments of municipal corporations and townships,      1,043        

whether paid or volunteer, and wherever serving within the state   1,044        

or on temporary assignment outside thereof, and executive          1,045        

officers of boards of education, under any appointment or          1,046        

contract of hire, express or implied, oral or written, including   1,047        

any elected official of the state, or of any county, municipal     1,048        

corporation, or township, or members of boards of education;       1,049        

      (b)  Every person in the service of any person, firm, or     1,051        

private corporation, including any public service corporation,     1,052        

that (i) employs one or more persons regularly in the same         1,053        

business or in or about the same establishment under any contract  1,054        

of hire, express or implied, oral or written, including aliens     1,055        

and minors, household workers who earn one hundred sixty dollars   1,056        

or more in cash in any calendar quarter from a single household    1,057        

and casual workers who earn one hundred sixty dollars or more in   1,058        

cash in any calendar quarter from a single employer, or (ii) is    1,059        

bound by any such contract of hire or by any other written         1,060        

contract, to pay into the state insurance fund the premiums        1,061        

                                                          25     

                                                                 
provided by this chapter.                                          1,062        

      (c)  Every person who performs labor or provides services    1,065        

pursuant to a construction contract, as defined in section         1,066        

4123.79 of the Revised Code, if at least ten of the following                   

criteria apply:                                                                 

      (i)  The person is required to comply with instructions      1,069        

from the other contracting party regarding the manner or method    1,070        

of performing services;                                                         

      (ii)  The person is required by the other contracting party  1,073        

to have particular training;                                                    

      (iii)  The person's services are integrated into the         1,076        

regular functioning of the other contracting party;                1,077        

      (iv)  The person is required to perform the work             1,079        

personally;                                                                     

      (v)  The person is hired, supervised, or paid by the other   1,081        

contracting party;                                                              

      (vi)  A continuing relationship exists between the person    1,084        

and the other contracting party that contemplates continuing or    1,085        

recurring work even if the work is not full time;                  1,086        

      (vii)  The person's hours of work are established by the     1,089        

other contracting party;                                                        

      (viii)  The person is required to devote full time to the    1,092        

business of the other contracting party;                                        

      (ix)  The person is required to perform the work on the      1,095        

premises of the other contracting party;                                        

      (x)  The person is required to follow the order of work set  1,098        

by the other contracting party;                                                 

      (xi)  The person is required to make oral or written         1,101        

reports of progress to the other contracting party;                1,102        

      (xii)  The person is paid for services on a regular basis    1,105        

such as hourly, weekly, or monthly;                                             

      (xiii)  The person's expenses are paid for by the other      1,107        

contracting party;                                                              

      (xiv)  The person's tools and materials are furnished by     1,110        

                                                          26     

                                                                 
the other contracting party;                                                    

      (xv)  The person is provided with the facilities used to     1,112        

perform services;                                                               

      (xvi)  The person does not realize a profit or suffer a      1,115        

loss as a result of the services provided;                                      

      (xvii)  The person is not performing services for a number   1,118        

of employers at the same time;                                                  

      (xviii)  The person does not make the same services          1,120        

available to the general public;                                   1,121        

      (xix)  The other contracting party has a right to discharge  1,124        

the person;                                                                     

      (xx)  The person has the right to end the relationship with  1,127        

the other contracting party without incurring liability pursuant   1,128        

to an employment contract or agreement.                            1,129        

      Every person in the service of any independent contractor    1,131        

or subcontractor who has failed to pay into the state insurance    1,132        

fund the amount of premium determined and fixed by the             1,133        

administrator of workers' compensation for the person's            1,134        

employment or occupation or if a self-insuring employer has        1,135        

failed to pay compensation and benefits directly to the            1,136        

employer's injured and to the dependents of the employer's killed  1,137        

employees as required by section 4123.35 of the Revised Code,      1,139        

shall be considered as the employee of the person who has entered  1,140        

into a contract, whether written or verbal, with such independent  1,141        

contractor unless such employees or their legal representatives    1,142        

or beneficiaries elect, after injury or death, to regard such      1,143        

independent contractor as the employer.                                         

      (2)  "Employee" does not mean:                               1,145        

      (a)  A duly ordained, commissioned, or licensed minister or  1,147        

assistant or associate minister of a church in the exercise of     1,148        

ministry; or                                                       1,149        

      (b)  Any officer of a family farm corporation;               1,151        

      (c)  AN INDIVIDUAL WHO SIGNS THE WAIVER AND AFFIDAVIT        1,153        

PROVIDED FOR IN SECTION 4123.15 OF THE REVISED CODE, PROVIDED      1,154        

                                                          27     

                                                                 
THAT THE ADMINISTRATOR HAS GRANTED A WAIVER AND EXCEPTION TO THE   1,155        

INDIVIDUAL'S EMPLOYER UNDER THAT SECTION.                                       

      Any employer may elect to include as an "employee" within    1,157        

this chapter, any person excluded from the definition of           1,158        

"employee" pursuant to division (A)(2) of this section.  If an     1,159        

employer is a partnership, sole proprietorship, or family farm     1,160        

corporation, such employer may elect to include as an "employee"   1,161        

within this chapter, any member of such partnership, the owner of  1,162        

the sole proprietorship, or the officers of the family farm        1,163        

corporation.  In the event of an election, the employer shall      1,164        

serve upon the bureau of workers' compensation written notice      1,165        

naming the persons to be covered, include such employee's          1,166        

remuneration for premium purposes in all future payroll reports,   1,167        

and no person excluded from the definition of "employee" pursuant  1,168        

to division (A)(2) of this section, proprietor, or partner shall   1,169        

be deemed an employee within this division until the employer has  1,170        

served such notice.                                                1,171        

      For informational purposes only, the bureau shall prescribe  1,173        

such language as it considers appropriate, on such of its forms    1,174        

as it considers appropriate, to advise employers of their right    1,175        

to elect to include as an "employee" within this chapter a sole    1,176        

proprietor, any member of a partnership, the officers of a family  1,177        

farm corporation, or a person excluded from the definition of      1,178        

"employee" under division (A)(2)(a) of this section, that they     1,179        

should check any health and disability insurance policy, or other  1,180        

form of health and disability plan or contract, presently          1,181        

covering them, or the purchase of which they may be considering,   1,182        

to determine whether such policy, plan, or contract excludes       1,183        

benefits for illness or injury that they might have elected to     1,184        

have covered by workers' compensation.                             1,185        

      (B)  "Employer" means:                                       1,187        

      (1)  The state, including state hospitals, each county,      1,189        

municipal corporation, township, school district, and hospital     1,190        

owned by a political subdivision or subdivisions other than the    1,191        

                                                          28     

                                                                 
state;                                                             1,192        

      (2)  Every person, firm, and private corporation, including  1,194        

any public service corporation, that (a) has in service one or     1,195        

more employees regularly in the same business or in or about the   1,196        

same establishment under any contract of hire, express or          1,197        

implied, oral or written, or (b) is bound by any such contract of  1,198        

hire or by any other written contract, to pay into the insurance   1,199        

fund the premiums provided by this chapter.                        1,200        

      All such employers are subject to this chapter.  Any member  1,202        

of a firm or association, who regularly performs manual labor in   1,203        

or about a mine, factory, or other establishment, including a      1,204        

household establishment, shall be considered an employee in        1,205        

determining whether such person, firm, or private corporation, or  1,206        

public service corporation, has in its service, one or more        1,207        

employees and the employer shall report the income derived from    1,208        

such labor to the bureau as part of the payroll of such employer,  1,209        

and such member shall thereupon be entitled to all the benefits    1,210        

of an employee.                                                    1,211        

      (C)  "Injury" includes any injury, whether caused by         1,213        

external accidental means or accidental in character and result,   1,214        

received in the course of, and arising out of, the injured         1,215        

employee's employment.  "Injury" does not include:                 1,216        

      (1)  Psychiatric conditions except where the conditions      1,218        

have arisen from an injury or occupational disease;                1,219        

      (2)  Injury, IMPAIRMENT, or disability caused primarily by   1,222        

the natural deterioration of tissue, an organ, or part of the      1,223        

body;                                                                           

      (3)  Injury, IMPAIRMENT, or disability incurred in           1,225        

voluntary participation in an employer-sponsored recreation or     1,227        

fitness activity if the employee signs a waiver of the employee's  1,228        

right to compensation or benefits under this chapter prior to      1,229        

engaging in the recreation or fitness activity;                    1,230        

      (4)  A CONDITION, IMPAIRMENT, OR DISEASE PROCESS THAT        1,234        

PREEXISTED AN INJURY UNLESS THAT PREEXISTING CONDITION OR                       

                                                          29     

                                                                 
IMPAIRMENT IS SUBSTANTIALLY WORSENED OR THAT DISEASE PROCESS IS    1,235        

SUBSTANTIALLY ACCELERATED BY AN INJURY AS DOCUMENTED BY OBJECTIVE  1,236        

CLINICAL FINDINGS AND TEST RESULTS, AND SUBJECTIVE COMPLAINTS      1,237        

WITHOUT THESE FINDINGS AND RESULTS ARE INSUFFICIENT TO ESTABLISH   1,238        

A COMPENSABLE INJURY AS DESCRIBED IN DIVISION (C)(4) OF THIS       1,240        

SECTION;                                                                        

      (5)  INJURY, IMPAIRMENT, OR DISABILITY RESULTING FROM        1,242        

CUMULATIVE OR REPETITIVE TRAUMA.                                   1,243        

      (D)  "Child" includes a posthumous child and a child         1,245        

legally adopted prior to the injury.                               1,246        

      (E)  "Family farm corporation" means a corporation founded   1,248        

for the purpose of farming agricultural land in which the          1,249        

majority of the voting stock is held by and the majority of the    1,250        

stockholders are persons or the spouse of persons related to each  1,251        

other within the fourth degree of kinship, according to the rules  1,252        

of the civil law, and at least one of the related persons is       1,253        

residing on or actively operating the farm, and none of whose      1,254        

stockholders are a corporation.  A family farm corporation does    1,255        

not cease to qualify under this division where, by reason of any   1,256        

devise, bequest, or the operation of the laws of descent or        1,257        

distribution, the ownership of shares of voting stock is           1,258        

transferred to another person, as long as that person is within    1,259        

the degree of kinship stipulated in this division.                 1,260        

      (F)  "Occupational disease" means a disease contracted in    1,262        

the course of employment, which by its causes and the              1,263        

characteristics of its manifestation or the condition of the       1,264        

employment results in a hazard which distinguishes the employment  1,265        

in character from employment generally, and the employment         1,266        

creates a risk of contracting the disease in greater degree and    1,267        

in a different manner from the public in general, INCLUDING A      1,268        

DISEASE OR CONDITION THAT RESULTS FROM A CUMULATIVE OR REPETITIVE  1,270        

TRAUMA, THAT IS CONTRACTED IN THE COURSE OF EMPLOYMENT, THAT       1,272        

RESULTS IN DAMAGE OR HARM TO THE PHYSICAL STRUCTURE OF THE BODY,   1,273        

AND THAT IS DUE TO CAUSES AND CONDITIONS THAT ARE CHARACTERISTIC   1,274        

                                                          30     

                                                                 
OF OR PECULIAR TO A PARTICULAR INDUSTRIAL PROCESS, TRADE, OR       1,275        

OCCUPATION.  "OCCUPATIONAL DISEASE" DOES NOT INCLUDE ANY OF THE    1,276        

FOLLOWING:                                                                      

      (1)  A DISEASE OR CONDITION TO WHICH THE GENERAL PUBLIC IS   1,278        

EXPOSED OUTSIDE OF EMPLOYMENT ABSENT A SHOWING, BY A               1,279        

PREPONDERANCE OF THE EVIDENCE, THAT THE DISEASE OR CONDITION IS    1,281        

CHARACTERISTIC OF OR PECULIAR TO A PARTICULAR INDUSTRIAL PROCESS,  1,283        

TRADE, OR OCCUPATION;                                                           

      (2)  A DISEASE OR CONDITION THAT WOULD HAVE ARISEN WITHOUT   1,285        

THE OCCUPATIONAL EXPOSURE;                                         1,286        

      (3)  A DISEASE OR CONDITION THAT RESULTS FROM AGGRAVATION    1,288        

OF A PREEXISTING DISEASE, CONDITION, OR DISEASE PROCESS;           1,289        

      (4)  A DISEASE OR CONDITION CAUSED PRIMARILY BY THE NATURAL  1,291        

DETERIORATION OF THE TISSUE, ORGANS, OR OTHER PARTS OF THE BODY;   1,292        

      (5)  PSYCHIATRIC CONDITIONS, EXCEPT WHERE THE CONDITIONS     1,294        

HAVE ARISEN FROM AN OCCUPATIONAL DISEASE.                          1,296        

      (G)  "Self-insuring employer" means any of the following     1,298        

categories of employers if granted the privilege of paying         1,299        

compensation and benefits directly under section 4123.35 of the    1,300        

Revised Code:                                                      1,301        

      (1)  Any employer mentioned in division (B)(2) of this       1,303        

section;                                                           1,304        

      (2)  A board of county hospital trustees;                    1,306        

      (3)  A publicly owned utility.                               1,308        

      Sec. 4123.032.  Every emergency management worker shall,     1,317        

with respect to the performance of his THE WORKER'S duties as      1,319        

such AN emergency management worker, SHALL be in the employment    1,322        

of the state or political subdivision for purposes of sections                  

4123.01 to 4123.94 of the Revised Code, and every emergency        1,323        

management worker or, in case of death, his THE EMERGENCY          1,324        

MANAGEMENT WORKERS' dependents shall be entitled to the benefits   1,325        

payable on account of total disability OR IMPAIRMENT, loss of      1,326        

member, or death as accorded by such sections to employees         1,328        

covered by its THEIR provisions.  No payment for such disability   1,330        

                                                          31     

                                                                 
OR IMPAIRMENT, loss of member, or death shall be made unless a     1,331        

claim is filed within one year of the date of the accidental       1,332        

injury causing the total disability OR IMPAIRMENT, loss of         1,333        

member, or death.  If an injury claim is filed within the said     1,335        

THAT one-year period and the claimant subsequently dies, his THE   1,337        

EMERGENCY MANAGEMENT WORKERS' dependents shall file any death      1,339        

claim based on such injury within six months after the death or                 

be forever barred.                                                 1,340        

      Sec. 4123.033.  Any emergency management worker who suffers  1,349        

an accidental injury while performing emergency management         1,350        

duties, as defined herein, shall be compensated for any total      1,352        

disability, IMPAIRMENT, or loss of member and his THE WORKERS'     1,353        

dependents shall be compensated for any death resulting from such  1,354        

an injury on the same basis as provided for workers, employees,    1,355        

and their dependents under sections 4123.01 to 4123.94 of the      1,356        

Revised Code.                                                      1,357        

      This section shall not apply in the case of any person who   1,359        

is otherwise entitled, under sections 4123.01 to 4123.94 of the    1,360        

Revised Code, to receive workers' compensation benefits for such   1,361        

accidental injury or death.                                        1,362        

      Sec. 4123.061.  ANY RECORDS, FILES, PLEADINGS, OR DOCUMENTS  1,365        

GENERATED BY A CLAIMANT'S ATTORNEY WITH RESPECT TO A CLIENT IN A   1,366        

WORKERS' COMPENSATION CLAIM ARE THE PROPERTY OF THAT CLIENT.       1,367        

UPON THE CLIENT'S REQUEST, THE ATTORNEY SHALL CONVEY TO THE        1,368        

CLIENT COPIES OF ALL RECORDS, FILES, PLEADINGS, AND DOCUMENTS      1,369        

RELATING TO THE CLIENT'S WORKERS' COMPENSATION CLAIM NO LATER      1,370        

THAN FIFTEEN DAYS AFTER THE CLIENT'S REQUEST.                                   

      Sec. 4123.07.  The administrator of the bureau of workers'   1,379        

compensation shall prepare and furnish blank forms of application  1,380        

for benefits or compensation from the state insurance fund,        1,381        

reports of injury, disability, IMPAIRMENT, or occupational         1,383        

disease, notices to employers and employees, proofs of injury,     1,384        

disease, disability, IMPAIRMENT, or death, proofs of medical       1,386        

attendance and hospital and nursing care, and proofs of            1,387        

                                                          32     

                                                                 
employment and wage earnings, and other necessary blanks, and      1,388        

shall provide in his THE ADMINISTRATOR'S rules for their           1,389        

preparation and distribution so that they may be readily                        

available and so prepared that the furnishing of information       1,390        

required of any person with respect to any aspect of a claim       1,391        

shall not be delayed by a requirement that information with        1,392        

respect to another aspect of such claim shall be furnished on the  1,393        

form by the same or another person.  Insured employers shall keep  1,394        

on hand a sufficient supply of such blanks.                        1,395        

      Sec. 4123.15.  (A)  AN EMPLOYER WHO IS A MEMBER OF A         1,397        

RECOGNIZED RELIGIOUS SECT OR DIVISION OF A RECOGNIZED RELIGIOUS    1,398        

SECT AND WHO IS AN ADHERENT OF ESTABLISHED TENETS OR TEACHINGS OF  1,400        

THAT SECT OR DIVISION BY REASON OF WHICH THE EMPLOYER IS                        

CONSCIENTIOUSLY OPPOSED TO ACCEPTANCE OF THE BENEFITS OF ANY       1,401        

PUBLIC OR PRIVATE INSURANCE THAT MAKES PAYMENTS IN THE EVENT OF    1,402        

DEATH, DISABILITY, IMPAIRMENT, OLD AGE, OR RETIREMENT OR MAKES     1,404        

PAYMENTS TOWARD THE COST OF, OR PROVIDES SERVICES FOR, MEDICAL     1,405        

BILLS, INCLUDING THE BENEFITS OF ANY INSURANCE SYSTEM ESTABLISHED               

BY THE FEDERAL "SOCIAL SECURITY ACT," 42 U.S.C.A. 301, ET SEQ.,    1,407        

MAY APPLY TO THE ADMINISTRATOR OF WORKERS' COMPENSATION TO BE      1,408        

EXCEPTED FROM PAYMENT OF PREMIUMS AND OTHER CHARGES ASSESSED       1,409        

UNDER THIS CHAPTER AND CHAPTER 4121. OF THE REVISED CODE WITH      1,411        

RESPECT TO, OR IF THE EMPLOYER IS A SELF-INSURING EMPLOYER, FROM   1,412        

PAYMENT OF DIRECT COMPENSATION AND BENEFITS TO AND ASSESSMENTS     1,413        

REQUIRED BY THIS CHAPTER AND CHAPTER 4121. OF THE REVISED CODE ON  1,414        

ACCOUNT OF, AN INDIVIDUAL WHO MEETS THE REQUIREMENTS OF THIS       1,415        

SECTION.  THE APPLICATION SHALL BE ON FORMS PROVIDED BY THE        1,416        

BUREAU OF WORKERS' COMPENSATION, WHICH FORMS MAY BE THOSE USED BY  1,417        

OR SIMILAR TO THOSE USED BY THE INTERNAL REVENUE SERVICE FOR THE   1,418        

PURPOSE OF GRANTING AN EXEMPTION FROM THE PAYMENT OF SOCIAL        1,419        

SECURITY TAXES UNDER 26 U.S.C.A. 1402(g) OF THE INTERNAL REVENUE   1,421        

CODE, AND SHALL INCLUDE A WRITTEN WAIVER, SIGNED BY THE            1,422        

INDIVIDUAL TO BE EXCEPTED, OF ALL THE BENEFITS AND COMPENSATION    1,423        

PROVIDED FOR IN THIS CHAPTER AND CHAPTER 4121. OF THE REVISED      1,425        

                                                          33     

                                                                 
CODE.                                                                           

      THE APPLICATION ALSO SHALL INCLUDE AFFIDAVITS SIGNED BY THE  1,428        

EMPLOYER AND THAT INDIVIDUAL THAT THE EMPLOYER AND THE INDIVIDUAL  1,429        

ARE MEMBERS OF A RECOGNIZED RELIGIOUS SECT OR DIVISION OF A        1,430        

RECOGNIZED RELIGIOUS SECT AND ARE ADHERENTS OF ESTABLISHED TENETS  1,432        

OR TEACHINGS OF THAT SECT OR DIVISION BY REASON OF WHICH THE       1,433        

EMPLOYER AND THE INDIVIDUAL ARE CONSCIENTIOUSLY OPPOSED TO                      

ACCEPTANCE OF THE BENEFITS OF ANY PUBLIC OR PRIVATE INSURANCE      1,435        

THAT MAKES PAYMENTS IN THE EVENT OF DEATH, DISABILITY,             1,436        

IMPAIRMENT, OLD AGE, OR RETIREMENT OR MAKES PAYMENTS TOWARD THE    1,437        

COST OF, OR PROVIDES SERVICES FOR, MEDICAL BILLS, INCLUDING THE    1,438        

BENEFITS OF ANY INSURANCE SYSTEM ESTABLISHED BY THE FEDERAL        1,439        

"SOCIAL SECURITY ACT," 42 U.S.C.A. 301, ET SEQ.  IF THE            1,441        

INDIVIDUAL IS A MINOR, THE GUARDIAN OF THE MINOR SHALL COMPLETE    1,442        

THE WAIVER AND AFFIDAVIT REQUIRED BY THIS DIVISION.                1,443        

      (B)  THE ADMINISTRATOR SHALL GRANT THE WAIVER AND EXCEPTION  1,446        

TO THE EMPLOYER FOR A PARTICULAR INDIVIDUAL IF THE ADMINISTRATOR                

FINDS THAT THE EMPLOYER AND THE INDIVIDUAL ARE MEMBERS OF A SECT   1,447        

OR DIVISION HAVING THE ESTABLISHED TENETS OR TEACHINGS DESCRIBED   1,448        

IN DIVISION (A) OF THIS SECTION, THAT IT IS THE PRACTICE, AND HAS  1,449        

BEEN FOR A SUBSTANTIAL NUMBER OF YEARS, FOR MEMBERS OF THAT SECT   1,450        

OR DIVISION OF THAT SECT TO MAKE PROVISION FOR THEIR DEPENDENT     1,451        

MEMBERS WHICH IN THE ADMINISTRATOR'S JUDGMENT IS REASONABLE IN     1,452        

VIEW OF THEIR GENERAL LEVEL OF HIRING, AND THAT THAT SECT OR       1,453        

DIVISION OF THAT SECT HAS BEEN IN EXISTENCE AT ALL TIMES SINCE     1,454        

DECEMBER 31, 1950.                                                 1,455        

      (C)  A WAIVER AND EXCEPTION UNDER DIVISION (B) OF THIS       1,458        

SECTION IS EFFECTIVE ON THE DATE THE ADMINISTRATOR GRANTS THE      1,459        

WAIVER AND EXCEPTION.  AN EMPLOYER WHO COMPLIES WITH THIS CHAPTER  1,460        

AND THE EMPLOYER'S EMPLOYEES, WITH RESPECT TO AN INDIVIDUAL FOR    1,461        

WHOM THE ADMINISTRATOR GRANTS THE WAIVER AND EXCEPTION, ARE        1,462        

ENTITLED, AS TO THAT INDIVIDUAL AND AS TO ALL INJURIES AND         1,463        

OCCUPATIONAL DISEASES OF THAT INDIVIDUAL THAT OCCURRED PRIOR TO    1,464        

THE EFFECTIVE DATE OF THE WAIVER AND EXCEPTION, TO THE             1,465        

                                                          34     

                                                                 
PROTECTIONS OF SECTIONS 4123.74 AND 4123.741 OF THE REVISED CODE.  1,466        

ON AND AFTER THE EFFECTIVE DATE OF THE WAIVER AND EXCEPTION, THE   1,467        

EMPLOYER IS NOT LIABLE FOR THE PAYMENT OF ANY PREMIUMS OR OTHER    1,468        

CHARGES ASSESSED UNDER THIS CHAPTER OR CHAPTER 4121. OF THE        1,469        

REVISED CODE, OR IF THE INDIVIDUAL IS A SELF-INSURING EMPLOYER,    1,470        

THE EMPLOYER IS NOT LIABLE FOR THE PAYMENT OF ANY COMPENSATION OR  1,471        

BENEFITS DIRECTLY OR OTHER CHARGES ASSESSED UNDER THIS CHAPTER OR  1,472        

CHAPTER 4121. OF THE REVISED CODE, IN REGARD TO THAT INDIVIDUAL,   1,474        

IS CONSIDERED A COMPLYING EMPLOYER UNDER THOSE CHAPTERS, AND THE   1,475        

EMPLOYER AND THE EMPLOYER'S EMPLOYEES ARE ENTITLED TO THE          1,476        

PROTECTIONS OF SECTIONS 4123.74 AND 4123.741 OF THE REVISED CODE,  1,477        

AS TO THAT INDIVIDUAL, AND AS TO INJURIES AND OCCUPATIONAL         1,478        

DISEASES OF THAT INDIVIDUAL THAT OCCUR ON AND AFTER THE EFFECTIVE  1,479        

DATE OF THE WAIVER AND EXCEPTION.                                  1,480        

      (D)  A WAIVER AND EXCEPTION GRANTED IN REGARD TO A SPECIFIC  1,483        

INDIVIDUAL IS VALID FOR ALL FUTURE YEARS UNLESS THE ADMINISTRATOR  1,484        

DETERMINES THAT THE EMPLOYER, INDIVIDUAL, OR SECT OR DIVISION                   

CEASES TO MEET THE REQUIREMENTS OF THIS SECTION.  IF THE           1,485        

ADMINISTRATOR MAKES THIS DETERMINATION, THE EMPLOYER IS LIABLE     1,486        

FOR THE PAYMENT OF PREMIUMS AND OTHER CHARGES ASSESSED UNDER THIS  1,487        

CHAPTER AND CHAPTER 4121. OF THE REVISED CODE, OR IF THE           1,489        

INDIVIDUAL IS A SELF-INSURING EMPLOYER, THE EMPLOYER IS LIABLE     1,490        

FOR THE PAYMENT OF COMPENSATION AND BENEFITS DIRECTLY AND OTHER    1,491        

CHARGES ASSESSED UNDER THOSE CHAPTERS, IN REGARD TO THAT           1,492        

INDIVIDUAL FOR ALL INJURIES AND OCCUPATIONAL DISEASES OF THAT      1,493        

INDIVIDUAL THAT OCCUR ON AND AFTER THE DATE OF THE                 1,494        

ADMINISTRATOR'S DETERMINATION AND THE INDIVIDUAL IS ENTITLED TO    1,495        

ALL OF THE BENEFITS AND COMPENSATION PROVIDED IN THOSE CHAPTERS    1,496        

FOR AN INJURY OR OCCUPATIONAL DISEASE THAT OCCURS ON OR AFTER THE  1,497        

DATE OF THE ADMINISTRATOR'S DETERMINATION.                                      

      Sec. 4123.25.  (A)  No employer shall KNOWINGLY              1,506        

misrepresent to the bureau of workers' compensation the amount OR  1,507        

CLASSIFICATION of payroll upon which the premium under this        1,509        

chapter is based.  Whoever violates this division shall be liable  1,510        

                                                          35     

                                                                 
to the state in FOR UP TO ten times the amount of the difference   1,512        

in BETWEEN THE premium paid and the amount the employer should     1,513        

have paid.  THE ADMINISTRATOR OF WORKERS' COMPENSATION, WITH THE   1,514        

ADVICE AND CONSENT OF THE WORKERS' COMPENSATION OVERSIGHT          1,515        

COMMISSION, SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF   1,516        

THE REVISED CODE FOR THE ASSESSMENT OF A FINE OR PENALTY AGAINST   1,517        

AN EMPLOYER FOR A VIOLATION OF THIS DIVISION.  The liability to    1,518        

the state under this division shall MAY be enforced in a civil     1,519        

action in the name of the state, and all sums collected under      1,520        

this division shall be paid into the state insurance fund.         1,521        

      (B)  No self-insuring employer shall misrepresent the        1,523        

amount of paid compensation paid by such employer for purposes of  1,524        

the assessments provided under this chapter and Chapter 4121. of   1,525        

the Revised Code as required by section 4123.35 of the Revised     1,526        

Code.  Whoever violates this division is liable to the state in    1,527        

an amount assessed by the self-insuring employers evaluation       1,528        

board ADMINISTRATOR pursuant to division (C)(B) of section         1,530        

4123.352 of the Revised Code or UP TO ten times the amount of the  1,531        

difference between the assessment paid and the amount of the       1,532        

assessment that should have been paid along with any other         1,533        

penalty as determined by the board.  The liability to the state    1,534        

under this division may be enforced in a civil action in the name  1,535        

of the state and all sums collected under this division shall be   1,536        

paid into the self-insurance assessment fund created pursuant to   1,537        

division (J) of section 4123.35 of the Revised Code.               1,538        

      Sec. 4123.27.  Information contained in the annual           1,546        

statement provided for in section 4123.26 of the Revised Code,     1,547        

and such other information as may be furnished to the bureau of    1,548        

workers' compensation by employers in pursuance of that section,   1,549        

is OR AS THE BUREAU DEVELOPS OR CREATES, AND RECORDS KEPT BY THE   1,551        

DIVISION OF SAFETY AND HYGIENE PERTAINING TO WORKPLACE INJURIES    1,552        

AND ILLNESSES OR OCCUPATIONAL SAFETY AND HEALTH CONDITIONS IN      1,553        

SPECIFIC WORKPLACES, INCLUDING, BUT NOT LIMITED TO, INDUSTRIAL     1,554        

HYGIENE REPORTS, ERGONOMIC SURVEY REPORTS, TEAM APPROACH REPORTS,  1,555        

                                                          36     

                                                                 
SAFETY CONSULTANT REPORTS, ACCIDENT INVESTIGATION REPORTS, LOSS    1,556        

CONTROL ANALYSIS REPORTS, AND ILLNESS AND INJURY DATA PERTAINING   1,557        

TO SPECIFIC WORKPLACES, ARE for the exclusive use and information  1,558        

of the bureau in the discharge of its official duties, and shall   1,559        

not be open to the public nor be used in any court in any action   1,560        

or proceeding pending therein unless the bureau is a party to the  1,561        

action or proceeding; but the information contained in the         1,562        

statement may be tabulated and published by the bureau in          1,563        

statistical form for the use and information of other state        1,564        

departments and the public.  No person in the employ of the        1,565        

bureau, except those who are authorized by the administrator of    1,566        

workers' compensation, shall divulge any information secured by    1,567        

him THE PERSON while in the employ of the bureau in respect to     1,568        

the transactions, property, claim files, records, or papers of     1,571        

the bureau or in respect to the business or mechanical, chemical,  1,573        

or other industrial process of any company, firm, corporation,     1,574        

person, association, partnership, or public utility to any person  1,575        

other than the administrator or to the superior of such employee                

of the bureau.                                                     1,576        

      Notwithstanding the restrictions imposed by this section,    1,578        

the governor, select or standing committees of the general         1,579        

assembly, the auditor of state, the attorney general, or their     1,580        

designees, pursuant to the authority granted in this chapter and   1,581        

Chapter 4121. of the Revised Code, may examine any records, claim  1,582        

files, or papers in possession of the industrial commission or     1,583        

the bureau.  They also are bound by the privilege that attaches    1,584        

to these papers.                                                   1,585        

      The administrator shall report to the director of human      1,587        

services or to the county director of human services the name,     1,588        

address, and social security number or other identification        1,589        

number of any person receiving workers' compensation whose name    1,590        

or social security number or other identification number is the    1,591        

same as that of a person required by a court or child support      1,592        

enforcement agency to provide support payments to a recipient of   1,593        

                                                          37     

                                                                 
public assistance, and whose name is submitted to the              1,594        

administrator by the director under section 5101.36 of the         1,595        

Revised Code.  The administrator also shall inform the director    1,596        

of the amount of workers' compensation paid to the person during   1,597        

such period as the director specifies.                             1,598        

      Within fourteen days after receiving from the director of    1,600        

human services a list of the names and social security numbers of  1,601        

recipients of public assistance pursuant to section 5101.181 of    1,602        

the Revised Code, the administrator shall inform the auditor of    1,603        

state of the name, current or most recent address, and social      1,604        

security number of each person receiving workers' compensation     1,605        

pursuant to this chapter whose name and social security number     1,606        

are the same as that of a person whose name or social security     1,607        

number was submitted by the director.  The administrator also      1,609        

shall inform the auditor of state of the amount of workers'                     

compensation paid to the person during such period as the          1,610        

director specifies.                                                1,611        

      The bureau and its employees, except for purposes of         1,613        

furnishing the auditor of state with information required by this  1,614        

section, shall preserve the confidentiality of recipients of       1,615        

public assistance in compliance with division (A) of section       1,616        

5101.181 of the Revised Code.                                      1,617        

      For the purposes of this section, "public assistance" means  1,619        

medical assistance provided through the medical assistance         1,620        

program established under section 5111.01 of the Revised Code,     1,621        

aid to dependent children provided under Chapter 5107. of the      1,622        

Revised Code, or disability assistance provided under Chapter      1,623        

5115. of the Revised Code.                                         1,624        

      Sec. 4123.28.  Every employer in this state shall keep a     1,633        

record of all injuries and occupational diseases, fatal or         1,634        

otherwise, received or contracted by his THE EMPLOYER'S employees  1,636        

in the course of their employment and resulting in seven days or   1,637        

more of total disability OR IMPAIRMENT.  Within a week after       1,638        

acquiring knowledge of an injury or death therefrom, and in the    1,640        

                                                          38     

                                                                 
event of occupational disease or death therefrom, within one week  1,641        

after acquiring knowledge of or diagnosis of or death from an      1,642        

occupational disease or of a report to the employer of the         1,643        

occupational disease or death, a report thereof shall be made in   1,644        

writing to the bureau of workers' compensation upon blanks to be   1,645        

procured from the bureau for that purpose.  The report shall       1,646        

state the name and nature of the business of the employer, the     1,647        

location of his THE EMPLOYER'S establishment or place of work,     1,649        

the name, address, nature and duration of occupation of the        1,650        

injured, disabled, IMPAIRED, or deceased employee and the time,    1,652        

the nature, and the cause of injury, occupational disease, or      1,653        

death, and such other information as is required by the bureau.    1,654        

      The employer shall give a copy of each report to the         1,656        

employee it concerns or his THE EMPLOYEE'S surviving dependents.   1,658        

      No employer shall refuse or neglect to make any report       1,660        

required by this section.                                          1,661        

      Each day that an employer fails to file a report required    1,663        

by this section constitutes an additional day within the time      1,664        

period given to a claimant by the applicable statute of            1,665        

limitations for the filing of a claim based on the injury or       1,666        

occupational disease, provided that a failure to file a report     1,667        

shall not extend the applicable statute of limitations for more    1,668        

than two additional years.                                         1,669        

      Sec. 4123.343.  This section shall be construed liberally    1,678        

to the end that employers shall be encouraged to employ and        1,679        

retain in their employment handicapped employees as defined in     1,680        

this section.                                                      1,681        

      (A)  As used in this section, "handicapped employee" means   1,683        

an employee who is afflicted with or subject to any physical or    1,684        

mental impairment, or both, whether congenital or due to an        1,685        

injury or disease of such character that the impairment            1,686        

constitutes a handicap in obtaining employment or would            1,687        

constitute a handicap in obtaining reemployment if the employee    1,688        

should become unemployed and whose handicap is due to any of the   1,689        

                                                          39     

                                                                 
following diseases or conditions:                                  1,690        

      (1)  Epilepsy;                                               1,692        

      (2)  Diabetes;                                               1,694        

      (3)  Cardiac disease;                                        1,696        

      (4)  Arthritis;                                              1,698        

      (5)  Amputated foot, leg, arm, or hand;                      1,700        

      (6)  Loss of sight of one or both eyes or a partial loss of  1,702        

uncorrected vision of more than seventy-five per cent              1,703        

bilaterally;                                                       1,704        

      (7)  Residual disability OR IMPAIRMENT from poliomyelitis;   1,706        

      (8)  Cerebral palsy;                                         1,708        

      (9)  Multiple sclerosis;                                     1,710        

      (10)  Parkinson's disease;                                   1,712        

      (11)  Cerebral vascular accident;                            1,714        

      (12)  Tuberculosis;                                          1,716        

      (13)  Silicosis;                                             1,718        

      (14)  Psycho-neurotic disability OR IMPAIRMENT following     1,720        

treatment in a recognized medical or mental institution;           1,721        

      (15)  Hemophilia;                                            1,723        

      (16)  Chronic osteomyelitis;                                 1,725        

      (17)  Ankylosis of joints;                                   1,727        

      (18)  Hyper insulinism;                                      1,729        

      (19)  Muscular dystrophies;                                  1,731        

      (20)  Arterio-sclerosis;                                     1,733        

      (21)  Thrombo-phlebitis;                                     1,735        

      (22)  Varicose veins;                                        1,737        

      (23)  Cardiovascular, pulmonary, or respiratory diseases of  1,739        

a fire fighter or police officer employed by a municipal           1,740        

corporation or township as a regular member of a lawfully          1,741        

constituted police department or fire department;                  1,742        

      (24)  Coal miners' pneumoconiosis, commonly referred to as   1,744        

"black lung disease";                                              1,745        

      (25)  Disability OR IMPAIRMENT with respect to which an      1,747        

individual has completed a rehabilitation program conducted        1,748        

                                                          40     

                                                                 
pursuant to sections 4121.61 to 4121.69 of the Revised Code.       1,749        

      (B)  Under the circumstances set forth in this section all   1,751        

or such portion as the administrator determines of the             1,752        

compensation and benefits paid in any claim arising hereafter      1,753        

shall be charged to and paid from the statutory surplus fund       1,754        

created under section 4123.34 of the Revised Code and only the     1,755        

portion remaining shall be merit-rated or otherwise treated as     1,756        

part of the accident or occupational disease experience of the     1,757        

employer.  If the employer is a self-insuring employer, the        1,758        

proportion of such costs whether charged to the statutory surplus  1,759        

fund in whole or in part shall be by way of direct payment to      1,760        

such employee or his THE EMPLOYEE'S dependents or by way of        1,761        

reimbursement to the self-insuring employer as the circumstances   1,763        

indicate.  The provisions of this section apply only in cases of   1,764        

death, TEMPORARY total disability, whether temporary or permanent  1,766        

TOTAL IMPAIRMENT, and all disabilities IMPAIRMENTS compensated     1,768        

under division (B) of section 4123.57 of the Revised Code.  The    1,769        

administrator shall adopt rules specifying the grounds upon which  1,770        

charges to the statutory surplus fund are to be made. The rules    1,771        

shall prohibit as a grounds any agreement between employer and     1,772        

claimant as to the merits of a claim and the amount of the         1,773        

charge.                                                                         

      (C)  Any employer who advises the bureau of workers'         1,775        

compensation prior to the occurrence of an injury or occupational  1,776        

disease that it has in its employ a handicapped employee is        1,777        

entitled, in the event the person is injured, to a determination   1,778        

under this section.  Any employer who fails to notify the bureau   1,779        

but applies for a determination under this section is entitled to  1,780        

a determination if the bureau finds that there was good cause for  1,781        

the failure to give notice of the employment of the handicapped    1,782        

employee.  The bureau annually shall require employers to file an  1,783        

inventory of current handicapped employees.                        1,784        

      An employer shall file an application for a determination    1,786        

with the bureau or commission in the same manner as other claims.  1,787        

                                                          41     

                                                                 
An application only may be made in cases where IN WHICH a          1,788        

handicapped employee or his THE HANDICAPPED EMPLOYEE'S dependents  1,790        

claim or is ARE receiving an award of compensation as a result of  1,791        

an injury OCCURRING or AN occupational disease occurring or        1,793        

contracted FIRST DIAGNOSED BY A LICENSED PHYSICIAN on or after     1,794        

the date on which division (A) of this section first included the  1,796        

handicap of such employee.                                                      

      (D)  The circumstances under and the manner in which an      1,798        

apportionment under this section shall be made are AS FOLLOWS:     1,799        

      (1)  Whenever a handicapped employee is injured, IMPAIRED,   1,802        

or disabled or dies as the result of an injury or occupational     1,803        

disease sustained in the course of and arising out of his THE      1,804        

EMPLOYEE'S employment in this state and the administrator awards   1,806        

compensation therefor and when it appears to the satisfaction of   1,807        

the administrator that the injury or occupational disease or the   1,808        

death resulting therefrom would not have occurred but for the      1,809        

pre-existing physical or mental impairment of the handicapped      1,810        

employee, all compensation and benefits payable on account of the  1,811        

disability, IMPAIRMENT, or death shall be paid from the surplus    1,813        

fund.                                                                           

      (2)  Whenever a handicapped employee is injured, IMPAIRED,   1,816        

or disabled or dies as a result of an injury or occupational       1,817        

disease and the administrator finds that the injury or             1,818        

occupational disease would have been sustained or suffered         1,819        

without regard to the employee's pre-existing impairment but that  1,820        

the resulting IMPAIRMENT, disability, or death was caused at       1,822        

least in part through aggravation of the employee's pre-existing   1,823        

disability IMPAIRMENT, the administrator shall determine in a      1,825        

manner that is equitable and, reasonable, and based upon medical   1,827        

evidence the amount of disability, IMPAIRMENT, or proportion of    1,828        

the cost of the death award that is attributable to the            1,829        

employee's pre-existing disability IMPAIRMENT and the amount       1,830        

found shall be charged to the statutory surplus fund.              1,832        

      (E)  The benefits and provisions of this section apply only  1,834        

                                                          42     

                                                                 
to employers who have complied with this chapter either through    1,835        

insurance with the state fund or as a self-insuring employer.      1,836        

      (F)  No employer shall in any year SHALL receive credit      1,838        

under this section in an amount greater than the premium he THE    1,839        

EMPLOYER paid if a state fund employer or greater than his THE     1,841        

EMPLOYER'S assessments if a self-insuring employer.                1,843        

      (G)  Self-insuring employers may, for all claims made after  1,845        

January 1, 1987, for compensation and benefits under this          1,846        

section, MAY pay the compensation and benefits directly to the     1,847        

employee or the employee's dependents.  If such an employer        1,848        

chooses to pay compensation and benefits directly, he THE          1,849        

EMPLOYER shall receive no money or credit from the surplus fund    1,851        

for the payment under this section, nor shall he THE EMPLOYER be   1,852        

required to pay any amounts into the surplus fund that otherwise   1,854        

would be assessed for handicapped reimbursements for claims made   1,855        

after January 1, 1987.  Where IF a self-insuring employer elects   1,856        

to pay for compensation and benefits pursuant to this section, he  1,858        

THE EMPLOYER shall assume responsibility for compensation and      1,860        

benefits arising out of claims made prior to January 1, 1987, and  1,861        

shall not be required to pay any amounts into the surplus fund     1,862        

and may not receive any money or credit from that fund on account  1,863        

of this section.  The election made under this division is         1,864        

irrevocable.                                                                    

      (H)  An order issued by the administrator pursuant to this   1,866        

section is appealable under section 4123.511 of the Revised Code   1,867        

but is not appealable to court under section 4123.512 of the       1,868        

Revised Code.                                                      1,869        

      Sec. 4123.35.  (A)  Except as provided in this section,      1,878        

every employer mentioned in division (B)(2) of section 4123.01 of  1,879        

the Revised Code, and every publicly owned utility shall pay       1,880        

semiannually in the months of January and July into the state      1,882        

insurance fund the amount of annual premium the administrator of   1,883        

workers' compensation fixes for the employment or occupation of    1,884        

the employer, the amount of which premium to be paid by each       1,885        

                                                          43     

                                                                 
employer to be determined by the classifications, rules, and       1,886        

rates made and published by the administrator.  The employer                    

shall pay semiannually a further sum of money into the state       1,887        

insurance fund as may be ascertained to be due from the employer   1,890        

by applying the rules of the administrator, and a receipt or       1,891        

certificate certifying that payment has been made shall be mailed  1,893        

immediately to the employer by the bureau of workers'                           

compensation.  The receipt or certificate is prima facie evidence  1,894        

of the payment of the premium.                                     1,895        

      The bureau of workers' compensation shall verify with the    1,897        

secretary of state the existence of all corporations and           1,898        

organizations making application for workers' compensation         1,899        

coverage and shall require every such application to include the   1,900        

employer's federal identification number.                          1,901        

      An employer as defined in division (B)(2) of section         1,903        

4123.01 of the Revised Code who has contracted with a              1,904        

subcontractor is liable for the unpaid premium due from any        1,905        

subcontractor with respect to that part of the payroll of the      1,906        

subcontractor that is for work performed pursuant to the contract  1,908        

with the employer.                                                              

      Division (A) of section 4123.35 of the Revised Code          1,910        

providing for the payment of premiums semiannually does not apply  1,911        

to any employer who was a subscriber to the state insurance fund   1,912        

prior to January 1, 1914, or who may first become a subscriber to  1,913        

the fund in any month other than January or July.  Instead, the    1,914        

semiannual premiums shall be paid by those employers from time to  1,915        

time upon the expiration of the respective periods for which       1,916        

payments into the fund have been made by them.                                  

      The administrator shall adopt rules to permit employers to   1,918        

make periodic payments of the semiannual premium due under this    1,919        

division.  The rules shall include provisions for the assessment   1,920        

of interest charges, where appropriate, and for the assessment of  1,921        

penalties when an employer fails to make timely premium payments.  1,923        

An employer who timely pays the amounts due under this division    1,924        

                                                          44     

                                                                 
is entitled to all of the benefits and protections of this         1,925        

chapter.  Upon receipt of payment, the bureau immediately shall    1,926        

mail a receipt or certificate to the employer certifying that                   

payment has been made, which receipt is prima-facie evidence of    1,928        

payment.  Workers' compensation coverage under this chapter        1,929        

continues uninterrupted upon timely receipt of payment under this  1,930        

division.                                                                       

      Every employer mentioned in division (B)(1) of section       1,932        

4123.01 of the Revised Code, except boards of county hospital      1,933        

trustees that are self-insuring employers under this section,      1,934        

shall comply with sections 4123.38 to 4123.41, and 4123.48 of the  1,936        

Revised Code in regard to the contribution of moneys to the        1,937        

public insurance fund.                                             1,938        

      (B)  Provided, that employers mentioned in division (B)(2)   1,940        

of section 4123.01 of the Revised Code, boards of county hospital  1,941        

trustees, and publicly owned utilities who will abide by the       1,942        

rules of the administrator and who may be of sufficient financial  1,943        

ability to render certain the payment of compensation to injured   1,944        

employees or the dependents of killed employees, and the           1,945        

furnishing of medical, surgical, nursing, and hospital attention   1,946        

and services and medicines, and funeral expenses, equal to or      1,947        

greater than is provided for in sections 4123.52, 4123.55 to       1,948        

4123.62, and 4123.64 to 4123.67 of the Revised Code, and who do    1,949        

not desire to insure the payment thereof or indemnify themselves   1,950        

against loss sustained by the direct payment thereof, upon a       1,951        

finding of such facts by the administrator, may be granted the     1,952        

privilege to pay individually compensation, and furnish medical,   1,954        

surgical, nursing, and hospital services and attention and         1,955        

funeral expenses directly to injured employees or the dependents   1,956        

of killed employees, thereby being granted status as a             1,958        

self-insuring employer.  The administrator may charge employers,   1,959        

boards of county hospital trustees, or publicly owned utilities    1,960        

who apply for the status as a self-insuring employer a reasonable  1,961        

application fee to cover the bureau's costs in connection with     1,962        

                                                          45     

                                                                 
processing and making a determination with respect to an           1,963        

application.  All employers granted such status shall demonstrate  1,964        

sufficient financial and administrative ability to assure that     1,965        

all obligations under this section are promptly met.  The          1,966        

administrator shall deny the privilege where the employer is       1,967        

unable to demonstrate the employer's ability to promptly meet all  1,968        

the obligations imposed on the employer by this section.  The      1,969        

administrator shall consider, but is not limited to, the           1,971        

following factors, where applicable, in determining the                         

employer's ability to meet all of the obligations imposed on the   1,972        

employer by this section:                                          1,973        

      (1)  The employer employs a minimum of five hundred          1,975        

employees in this state;                                           1,976        

      (2)  The employer has operated in this state for a minimum   1,978        

of two years, provided that an employer who has purchased,         1,979        

acquired, or otherwise succeeded to the operation of a business,   1,980        

or any part thereof, situated in this state that has operated for  1,981        

at least two years in this state, also shall qualify;              1,982        

      (3)  Where the employer previously contributed to the state  1,984        

insurance fund or is a successor employer as defined by bureau     1,985        

rules, the amount of the buy-out, as defined by bureau rules;      1,986        

      (4)  The sufficiency of the employer's assets located in     1,988        

this state to insure the employer's solvency in paying             1,989        

compensation directly;                                             1,990        

      (5)  The financial records, documents, and data, certified   1,992        

by a certified public accountant, necessary to provide the         1,993        

employer's full financial disclosure.  The records, documents,     1,994        

and data include, but are not limited to, balance sheets and       1,995        

profit and loss history for the current year and previous four     1,996        

years.                                                             1,997        

      (6)  The employer's organizational plan for the              1,999        

administration of the workers' compensation law;                   2,000        

      (7)  The employer's proposed plan to inform employees of     2,002        

the change from a state fund insurer to a self-insuring employer,  2,003        

                                                          46     

                                                                 
the procedures the employer will follow as a self-insuring         2,004        

employer, and the employees' rights to compensation and benefits;  2,005        

and                                                                2,006        

      (8)  The employer has either an account in a financial       2,008        

institution in this state, or if the employer maintains an         2,009        

account with a financial institution outside this state, ensures   2,010        

that workers' compensation checks are drawn from the same account  2,011        

as payroll checks or the employer clearly indicates that payment   2,012        

will be honored by a financial institution in this state.          2,013        

      The administrator may waive the requirements of divisions    2,015        

(B)(1) and (2) of this section and the requirement of division     2,016        

(B)(5) of this section that the financial records, documents, and  2,017        

data be certified by a certified public accountant.  The           2,018        

administrator shall adopt rules establishing the criteria that an  2,019        

employer shall meet in order for the administrator to waive the    2,020        

requirement of division (B)(5) of this section.  Such rules may    2,021        

require additional security of that employer pursuant to division  2,022        

(E) of section 4123.351 of the Revised Code.  The administrator    2,023        

shall not grant the status of self-insuring employer to any        2,024        

public employer, other than publicly owned utilities and boards    2,025        

of county hospital trustees.                                       2,026        

      (C)  The administrator shall require a surety bond from all  2,028        

self-insuring employers, issued pursuant to section 4123.351 of    2,029        

the Revised Code, that is sufficient to compel, or secure to       2,030        

injured employees, or to the dependents of employees killed, the   2,031        

payment of compensation and expenses, which shall in no event be   2,032        

less than that paid or furnished out of the state insurance fund   2,033        

in similar cases to injured employees or to dependents of killed   2,034        

employees whose employers contribute to the fund, except when an   2,035        

employee of the employer, who has suffered the loss of a hand,     2,036        

arm, foot, leg, or eye prior to the injury for which compensation  2,037        

is to be paid, and thereafter suffers the loss of any other of     2,038        

the members as the result of any injury sustained in the course    2,039        

of and arising out of the employee's employment, the compensation  2,041        

                                                          47     

                                                                 
to be paid by the self-insuring employer is limited to the                      

disability OR IMPAIRMENT suffered in the subsequent injury,        2,042        

additional compensation, if any, to be paid by the bureau out of   2,044        

the surplus created by section 4123.34 of the Revised Code.        2,045        

      (D)  In addition to the requirements of this section, the    2,047        

administrator shall make and publish rules governing the manner    2,048        

of making application and the nature and extent of the proof       2,049        

required to justify a finding of fact by the administrator as to   2,050        

granting the status of a self-insuring employer, which rules       2,051        

shall be general in their application, one of which rules shall    2,052        

provide that all self-insuring employers shall pay into the state  2,053        

insurance fund such amounts as are required to be credited to the  2,054        

surplus fund in division (B) of section 4123.34 of the Revised     2,055        

Code.                                                              2,056        

      Employers shall secure directly from the bureau central      2,058        

offices application forms upon which the bureau shall stamp a      2,059        

designating number.  Prior to submission of an application, an     2,060        

employer shall make available to the bureau, and the bureau shall  2,061        

review, the information described in divisions (B)(1) to (8) of    2,062        

this section.  An employer shall file the completed application    2,063        

forms with an application fee, which shall cover the costs of      2,064        

processing the application, as established by the administrator,   2,065        

by rule, with the bureau at least ninety days prior to the         2,066        

effective date of the employer's new status as a self-insuring     2,067        

employer.  The application form is not deemed complete until all   2,068        

the required information is attached thereto.  The bureau shall    2,069        

only accept applications that contain the required information.    2,070        

      (E)  The bureau shall review completed applications within   2,072        

a reasonable time.  If the bureau determines to grant an employer  2,073        

the status as a self-insuring employer, the bureau shall issue a   2,074        

statement, containing its findings of fact, that is prepared by    2,075        

the bureau and signed by the administrator.  If the bureau         2,076        

determines not to grant the status as a self-insuring employer,    2,077        

the bureau shall notify the employer of the determination and      2,078        

                                                          48     

                                                                 
require the employer to continue to pay its full premium into the  2,079        

state insurance fund.  The administrator also shall adopt rules    2,080        

establishing a minimum level of performance as a criterion for     2,081        

granting and maintaining the status as a self-insuring employer    2,082        

and fixing time limits beyond which failure of the self-insuring   2,083        

employer to provide for the necessary medical examinations and     2,084        

evaluations may not delay a decision on a claim.                   2,085        

      (F)  The administrator shall adopt rules setting forth       2,087        

procedures for auditing the program of self-insuring employers.    2,088        

The bureau shall conduct the audit upon a random basis or          2,089        

whenever the bureau has grounds for believing that an employer is  2,090        

not in full compliance with bureau rules or this chapter.          2,091        

      The administrator shall monitor the programs conducted by    2,093        

self-insuring employers, to ensure compliance with bureau          2,094        

requirements and for that purpose, shall develop and issue to      2,095        

self-insuring employers standardized forms for use by the          2,096        

employer in all aspects of the employers' direct compensation      2,097        

program and for reporting of information to the bureau.            2,098        

      The bureau shall receive and transmit to the employer all    2,100        

complaints concerning any self-insuring employer.  In the case of  2,101        

a complaint against a self-insuring employer, the administrator    2,102        

shall handle the complaint through the self-insurance division of  2,103        

the bureau.  The bureau shall maintain a file by employer of all   2,104        

complaints received that relate to the employer.  The bureau       2,105        

shall evaluate each complaint and take appropriate action.         2,106        

      The administrator shall adopt as a rule a prohibition        2,108        

against any self-insuring employer from harassing, dismissing, or  2,109        

otherwise disciplining any employee making a complaint, which      2,110        

rule shall provide for a financial penalty to be levied by the     2,111        

administrator payable by the offending employer.                   2,112        

      (G)  For the purpose of making determinations as to whether  2,114        

to grant status as a self-insuring employer, the administrator     2,115        

may subscribe to and pay for a credit reporting service that       2,116        

offers financial and other business information about individual   2,117        

                                                          49     

                                                                 
employers.  The costs in connection with the bureau's              2,118        

subscription or individual reports from the service about an       2,119        

applicant may be included in the application fee charged           2,120        

employers under this section.                                      2,121        

      (H)  The administrator, notwithstanding other provisions of  2,124        

this chapter, may permit a self-insuring employer to resume        2,125        

payment of premiums to the state insurance fund with appropriate   2,126        

credit modifications to the employer's basic premium rate as such  2,127        

rate is determined pursuant to section 4123.29 of the Revised      2,128        

Code.                                                                           

      (I)  On the first day of July of each year, the              2,130        

administrator shall calculate separately each self-insuring        2,131        

employer's assessments for the safety and hygiene fund,            2,132        

administrative costs pursuant to section 4123.342 of the Revised   2,133        

Code, and for the portion of the surplus fund under division (B)   2,134        

of section 4123.34 of the Revised Code that is not used for        2,135        

handicapped reimbursement, on the basis of the paid compensation   2,136        

attributable to the individual self-insuring employer according    2,137        

to the following calculation:                                      2,138        

      (1)  The total assessment against all self-insuring          2,140        

employers as a class for each fund and for the administrative      2,141        

costs for the year that the assessment is being made, as           2,142        

determined by the administrator, divided by the total amount of    2,143        

paid compensation for the previous calendar year attributable to   2,144        

all amenable self-insuring employers;                              2,145        

      (2)  Multiply the quotient in division (I)(1) of this        2,147        

section by the total amount of paid compensation for the previous  2,148        

calendar year that is attributable to the individual               2,149        

self-insuring employer for whom the assessment is being            2,150        

determined.  Each self-insuring employer shall pay the assessment  2,151        

that results from this calculation, unless the assessment          2,152        

resulting from this calculation falls below a minimum assessment,  2,153        

which minimum assessment the administrator shall determine on the  2,154        

first day of July of each year with the advice and consent of the  2,155        

                                                          50     

                                                                 
workers' compensation oversight commission, in which event, the    2,156        

self-insuring employer shall pay the minimum assessment.           2,157        

      In determining the total amount due for the total            2,159        

assessment against all self-insuring employers as a class for      2,160        

each fund and the administrative assessment, the administrator     2,161        

shall reduce proportionately the total for each fund and           2,163        

assessment by the amount of money in the self-insurance            2,164        

assessment fund as of the date of the computation of the           2,165        

assessment.                                                        2,166        

      The administrator shall calculate the assessment for the     2,168        

portion of the surplus fund under division (B) of section 4123.34  2,169        

of the Revised Code that is used for handicapped reimbursement in  2,170        

the same manner as set forth in divisions (I)(1) and (2) of this   2,171        

section except that the administrator shall calculate the total    2,172        

assessment for this portion of the surplus fund only on the basis  2,173        

of those self-insuring employers that retain participation in the  2,174        

handicapped reimbursement program and the individual               2,175        

self-insuring employer's proportion of paid compensation shall be  2,176        

calculated only for those self-insuring employers who retain       2,177        

participation in the handicapped reimbursement program.  The       2,178        

administrator, as the administrator determines appropriate, may    2,180        

determine the total assessment for the handicapped portion of the  2,181        

surplus fund in accordance with sound actuarial principles.        2,182        

      The administrator shall calculate the assessment for the     2,184        

portion of the surplus fund under division (B) of section 4123.34  2,185        

of the Revised Code that under division (D) of section 4121.66 of  2,186        

the Revised Code is used for rehabilitation costs in the same      2,187        

manner as set forth in divisions (I)(1) and (2) of this section,   2,188        

except that the administrator shall calculate the total            2,189        

assessment for this portion of the surplus fund only on the basis  2,190        

of those self-insuring employers who have not made the election    2,191        

to make payments directly under division (D) of section 4121.66    2,192        

of the Revised Code and an individual self-insuring employer's     2,193        

proportion of paid compensation only for those self-insuring       2,194        

                                                          51     

                                                                 
employers who have not made that election.                         2,195        

      An employer who no longer is a self-insuring employer in     2,197        

this state or who no longer is operating in this state, shall      2,198        

continue to pay assessments for administrative costs and for the   2,199        

portion of the surplus fund under division (B) of section 4123.34  2,200        

of the Revised Code that is not used for handicapped               2,201        

reimbursement, based upon paid compensation attributable to        2,202        

claims that occurred while the employer was a self-insuring        2,203        

employer within this state.                                        2,204        

      (J)  There is hereby created in the state treasury the       2,206        

self-insurance assessment fund.  All investment earnings of the    2,207        

fund shall be deposited in the fund.  The administrator shall use  2,208        

the money in the self-insurance assessment fund only for           2,209        

administrative costs as specified in section 4123.341 of the       2,210        

Revised Code.                                                      2,211        

      (K)  Every self-insuring employer shall certify, in          2,213        

affidavit form subject to the penalty for perjury, to the bureau   2,214        

the amount of the self-insuring employer's paid compensation for   2,215        

the previous calendar year.  In reporting paid compensation paid   2,216        

for the previous year, a self-insuring employer shall exclude      2,217        

from the total amount of paid compensation any reimbursement the   2,218        

employer receives in the previous calendar year from the surplus   2,219        

fund pursuant to section 4123.512 of the Revised Code for any      2,220        

paid compensation.  The self-insuring employer also shall exclude  2,221        

from the paid compensation reported any amount recovered under     2,222        

section 4123.93 of the Revised Code and any amount that is         2,223        

determined not to have been payable to or on behalf of a claimant  2,224        

in any final administrative or judicial proceeding.  The           2,225        

self-insuring employer shall exclude such amounts from the paid    2,226        

compensation reported in the reporting period subsequent to the    2,227        

date the determination is made.  The administrator shall adopt     2,228        

rules, in accordance with Chapter 119. of the Revised Code,        2,229        

establishing the date by which self-insuring employers must        2,230        

submit such information and the amount of the assessments          2,231        

                                                          52     

                                                                 
provided for in division (I) of this section for employers who     2,232        

have been granted self-insuring status within the last calendar    2,233        

year.                                                              2,234        

      The administrator shall include any assessment that remains  2,236        

unpaid for previous assessment periods in the calculation and      2,237        

collection of any assessments due under this division or division  2,238        

(I) of this section.                                               2,239        

      (L)  As used in this section, "paid compensation" means all  2,241        

amounts paid by a self-insuring employer for living maintenance    2,242        

benefits, all amounts for compensation paid pursuant to sections   2,243        

4121.63, 4121.67, 4123.56, 4123.57, 4123.58, 4123.59, 4123.60,     2,244        

and 4123.64 of the Revised Code, all amounts paid as wages in      2,245        

lieu of such compensation, all amounts paid in lieu of such        2,246        

compensation under a nonoccupational accident and sickness         2,247        

program fully funded by the self-insuring employer, and all        2,248        

amounts paid by a self-insuring employer for a violation of a      2,249        

specific safety standard pursuant to Section 35 of Article II,     2,250        

Ohio Constitution and section 4121.47 of the Revised Code.         2,251        

      (M)  Should any section of this chapter or Chapter 4121. of  2,253        

the Revised Code providing for self-insuring employers'            2,254        

assessments based upon compensation paid be declared               2,255        

unconstitutional by a final decision of any court, then that       2,256        

section of the Revised Code declared unconstitutional shall        2,257        

revert back to the section in existence prior to November 3,       2,258        

1989, providing for assessments based upon payroll.                2,259        

      (N)  The administrator may grant a self-insuring employer    2,261        

the privilege to self-insure a construction project entered into   2,262        

by the self-insuring employer that is scheduled for completion     2,263        

within six years after the date the project begins, and the total  2,264        

cost of which is estimated to exceed one hundred million dollars.  2,266        

The administrator may waive such cost and time criteria and grant  2,267        

a self-insuring employer the privilege to self-insure a                         

construction project regardless of the time needed to complete     2,268        

the construction project and provided that the cost of the         2,269        

                                                          53     

                                                                 
construction project is estimated to exceed fifty million          2,270        

dollars.  A self-insuring employer who desires to self-insure a    2,272        

construction project shall submit to the administrator an                       

application listing the dates the construction project is          2,273        

scheduled to begin and end, the estimated cost of the              2,275        

construction project, the contractors and subcontractors whose                  

employees are to be self-insured by the self-insuring employer,    2,276        

the provisions of a safety program that is specifically designed   2,277        

for the construction project, and a statement as to whether a      2,278        

collective bargaining agreement governing the rights, duties, and  2,279        

obligations of each of the parties to the agreement with respect   2,280        

to the construction project exists between the self-insuring       2,281        

employer and a labor organization.                                 2,282        

      A self-insuring employer may apply to self-insure the        2,284        

employees of either of the following:                              2,285        

      (1)  All contractors and subcontractors who perform labor    2,287        

or work or provide materials for the construction project;         2,288        

      (2)  All contractors and, at the administrator's             2,290        

discretion, a substantial number of all the subcontractors who     2,291        

perform labor or work or provide materials for the construction    2,292        

project.                                                                        

      Upon approval of the application, the administrator shall    2,294        

mail a certificate granting the privilege to self-insure the       2,295        

construction project to the self-insuring employer.  The           2,296        

certificate shall contain the name of the self-insuring employer   2,297        

and the name, address, and telephone number of the self-insuring   2,298        

employer's representatives who are responsible for administering                

workers' compensation claims for the construction project.  The    2,299        

self-insuring employer shall post the certificate in a             2,300        

conspicuous place at the site of the construction project.         2,301        

      The administrator shall maintain a record of the             2,303        

contractors and subcontractors whose employees are covered under   2,304        

the certificate issued to the self-insured employer.  A            2,305        

self-insuring employer immediately shall notify the administrator  2,306        

                                                          54     

                                                                 
when any contractor or subcontractor is added or eliminated from   2,307        

inclusion under the certificate.                                                

      Upon approval of the application, the self-insuring          2,309        

employer is responsible for the administration and payment of all  2,310        

claims under this chapter and Chapter 4121. of the Revised Code    2,311        

for the employees of the contractor and subcontractors covered     2,312        

under the certificate who receive injuries or are killed in the    2,313        

course of and arising out of employment on the construction        2,315        

project, or who contract an occupational disease in the course of  2,316        

employment on the construction project.  For purposes of this                   

chapter and Chapter 4121. of the Revised Code, a claim that is     2,318        

administered and paid in accordance with this division is                       

considered a claim against the self-insuring employer listed in    2,319        

the certificate.  A contractor or subcontractor included under     2,320        

the certificate shall report to the self-insuring employer listed  2,321        

in the certificate, all claims that arise under this chapter and   2,322        

Chapter 4121. of the Revised Code in connection with the           2,324        

construction project for which the certificate is issued.          2,325        

      A self-insuring employer who complies with this division is  2,327        

entitled to the protections provided under this chapter and        2,328        

Chapter 4121. of the Revised Code with respect to the employees    2,330        

of the contractors and subcontractors covered under a certificate  2,331        

issued under this division for death or injuries that arise out    2,332        

of, or death, injuries, or occupational diseases that arise in                  

the course of, those employees' employment on that construction    2,334        

project, as if the employees were employees of the self-insuring   2,335        

employer, provided that the self-insuring employer also complies   2,336        

with this section.  No employee of the contractors and                          

subcontractors covered under a certificate issued under this       2,337        

division shall be considered the employee of the self-insuring     2,338        

employer listed in that certificate for any purposes other than    2,339        

this chapter and Chapter 4121. of the Revised Code.  Nothing in    2,340        

this division gives a self-insuring employer authority to control  2,341        

the means, manner, or method of employment of the employees of     2,342        

                                                          55     

                                                                 
the contractors and subcontractors covered under a certificate     2,343        

issued under this division.                                        2,344        

      The contractors and subcontractors included under a          2,346        

certificate issued under this division are entitled to the         2,347        

protections provided under this chapter and Chapter 4121. of the   2,348        

Revised Code with respect to the contractor's or subcontractor's   2,349        

employees who are employed on the construction project which is    2,350        

the subject of the certificate, for death or injuries that arise   2,351        

out of, or death, injuries, or occupational diseases that arise    2,352        

in the course of, those employees' employment on that              2,353        

construction project.                                                           

      The contractors and subcontractors included under a          2,355        

certificate issued under this division shall identify in their     2,356        

payroll records the employees who are considered the employees of  2,357        

the self-insuring employer listed in that certificate for          2,358        

purposes of this chapter and Chapter 4121. of the Revised Code,    2,360        

and the amount that those employees earned for employment on the   2,361        

construction project that is the subject of that certificate.      2,362        

Notwithstanding any provision to the contrary under this chapter                

and Chapter 4121. of the Revised Code, the administrator shall     2,365        

exclude the payroll that is reported for employees who are         2,366        

considered the employees of the self-insuring employer listed in                

that certificate, and that the employees earned for employment on  2,367        

the construction project that is the subject of that certificate,  2,368        

when determining those contractors' or subcontractors' premiums    2,369        

or assessments required under this chapter and Chapter 4121. of    2,370        

the Revised Code.  A self-insuring employer issued a certificate   2,371        

under this division shall include in the amount of paid            2,372        

compensation it reports pursuant to division (K) of this section,  2,373        

the amount of paid compensation the self-insuring employer paid    2,374        

pursuant to this division for the previous calendar year.          2,375        

      Nothing in this division shall be construed as altering the  2,377        

rights of employees under this chapter and Chapter 4121. of the    2,378        

Revised Code as those rights existed prior to the effective date   2,380        

                                                          56     

                                                                 
of this amendment SEPTEMBER 17, 1996.  Nothing in this division    2,381        

shall be construed as altering the rights devolved under sections  2,382        

2305.31 and 4123.82 of the Revised Code as those rights existed    2,384        

prior to the effective date of this amendment SEPTEMBER 17, 1996.  2,385        

      As used in this division, "privilege to self-insure a        2,387        

construction project" means privilege to pay individually          2,388        

compensation, and to furnish medical, surgical, nursing, and       2,389        

hospital services and attention and funeral expenses directly to   2,390        

injured employees or the dependents of killed employees.           2,391        

      (O)  A self-insuring employer whose application is granted   2,393        

under division (N) of this section shall designate a safety        2,394        

professional to be responsible for the administration and          2,395        

enforcement of the safety program that is specifically designed    2,396        

for the construction project that is the subject of the            2,397        

application.                                                                    

      A self-insuring employer whose application is granted under  2,399        

division (N) of this section shall employ an ombudsperson for the  2,400        

construction project that is the subject of the application.  The  2,401        

ombudsperson shall have experience in workers' compensation or     2,402        

the construction industry, or both.  The ombudsperson shall        2,403        

perform all of the following duties:                                            

      (1)  Communicate with and provide information to employees   2,405        

who are injured in the course of, or whose injury arises out of    2,406        

employment on the construction project, or who contract an         2,407        

occupational disease in the course of employment on the            2,408        

construction project;                                                           

      (2)  Investigate the status of a claim upon the request of   2,410        

an employee to do so;                                              2,411        

      (3)  Provide information to claimants, third party           2,413        

administrators, employers, and other persons to assist those       2,414        

persons in protecting their rights under this chapter and Chapter  2,415        

4121. of the Revised Code.                                         2,416        

      A self-insuring employer whose application is granted under  2,418        

division (N) of this section shall post the name of the safety     2,420        

                                                          57     

                                                                 
professional and the ombudsperson and instructions for contacting               

the safety professional and the ombudsperson in a conspicuous      2,421        

place at the site of the construction project.                     2,422        

      (P)  The administrator may consider all of the following     2,425        

when deciding whether to grant a self-insuring employer the        2,426        

privilege to self-insure a construction project as provided under  2,427        

division (N) of this section:                                      2,428        

      (1)  Whether the self-insuring employer has an               2,430        

organizational plan for the administration of the workers'         2,431        

compensation law;                                                  2,432        

      (2)  Whether the safety program that is specifically         2,434        

designed for the construction project provides for the safety of   2,435        

employees employed on the construction project, is applicable to   2,437        

all contractors and subcontractors who perform labor or work or    2,438        

provide materials for the construction project, and has a                       

component, a safety training program that complies with standards  2,439        

adopted pursuant to the "Occupational Safety and Health Act of     2,440        

1970," 84 Stat. 1590, 29 U.S.C.A. 651, and provides for            2,441        

continuing management and employee involvement;                    2,442        

      (3)  Whether granting the privilege to self-insure the       2,444        

construction project will reduce the costs of the construction     2,445        

project;                                                           2,446        

      (4)  Whether the self-insuring employer has employed an      2,448        

ombudsperson as required under division (O) of this section;       2,450        

      (5)  Whether the self-insuring employer has sufficient       2,452        

surety to secure the payment of claims for which the               2,453        

self-insuring employer would be responsible pursuant to the        2,454        

granting of the privilege to self-insure a construction project    2,455        

under division (N) of this section.                                2,457        

      Sec. 4123.352.  (A)  There is hereby created the             2,466        

self-insuring employers evaluation board consisting of three       2,467        

members.  The member of the industrial commission representing     2,468        

the public shall be a member of the self-insuring employers        2,469        

evaluation board and shall serve, ex officio, as chairman          2,470        

                                                          58     

                                                                 
CHAIRPERSON.  The governor shall appoint the remaining two         2,471        

members with the advice and consent of the senate.  One member     2,472        

shall be a member of the Ohio self-insurance association and one   2,473        

member shall be a representative of labor.  Not more than two of   2,474        

the three members of the board may be of the same political        2,475        

party.                                                                          

      Of the two members originally appointed by the governor      2,477        

pursuant to this section, one shall serve an initial term of two   2,478        

years and one an initial term of four years.  Thereafter, terms    2,479        

of office of the two members are for four years, each term ending  2,480        

on the same date as the original date of appointment.  Any member  2,481        

appointed to fill a vacancy occurring prior to the expiration of   2,482        

the term for which his THE MEMBER'S predecessor was appointed      2,483        

shall hold office for the remainder of such term.  Any member      2,484        

shall continue in office subsequent to the expiration date of his  2,485        

THE MEMBER'S term until his A successor takes office, or until a   2,486        

period of sixty days has elapsed, whichever occurs first.  A       2,488        

vacancy in an unexpired term shall be filled in the same manner    2,489        

as the original appointment. The governor may remove any member    2,490        

pursuant to section 3.05 of the Revised Code.                      2,491        

      The board member who also is a member of the commission      2,493        

shall receive no additional compensation but shall be reimbursed   2,494        

for actual and necessary expenses in the performance of his THE    2,495        

MEMBER'S duties AS A MEMBER OF THE BOARD.  The two remaining       2,496        

members of the board shall receive per diem compensation fixed     2,497        

pursuant to division (J) of section 124.15 of the Revised Code     2,498        

and actual and necessary expenses incurred in the performance of   2,499        

their duties.                                                                   

      For administrative purposes, the board is a part of the      2,501        

bureau of workers' compensation, and the bureau shall furnish the  2,502        

board with necessary office space, staff, and supplies.  The       2,503        

board shall meet as required by the administrator of workers'      2,504        

compensation.                                                      2,505        

      (B)  In addition to the grounds listed in section 4123.35    2,507        

                                                          59     

                                                                 
of the Revised Code pertaining to criteria for being granted the   2,508        

status as a self-insuring employer, the grounds upon which the     2,509        

administrator may ASSESS A FINE OR PENALTY AGAINST, OR revoke or   2,510        

refuse to renew the SELF-INSURING status includes OF A             2,511        

SELF-INSURING EMPLOYER INCLUDE failure to comply with any rules    2,512        

or orders of the administrator or to pay contributions to the      2,514        

self-insuring employers' guaranty fund established by section      2,515        

4123.351 of the Revised Code, continued failure to file medical    2,516        

reports bearing upon the injury of the claimant, and failure to    2,517        

pay compensation or benefits in accordance with law in a timely    2,518        

manner.  A deficiency in any of the grounds listed in this         2,519        

division is sufficient to justify the administrator's ASSESSMENT   2,520        

OF A FINE OR PENALTY AGAINST A SELF-INSURING EMPLOYER, OR THE      2,521        

revocation or refusal to renew the employer's status as a          2,522        

self-insuring employer.  THE ADMINISTRATOR, OR THE                              

ADMINISTRATOR'S DESIGNEE, SHALL HOLD A HEARING, AFTER NOTICE TO    2,523        

THE SELF-INSURING EMPLOYER OF THE HEARING, BEFORE ASSESSING A      2,524        

FINE OR PENALTY AGAINST A SELF-INSURING EMPLOYER OR REVOKING OR    2,525        

REFUSING TO RENEW AN EMPLOYER'S STATUS AS A SELF-INSURING          2,526        

EMPLOYER.  The administrator need not ASSESS A FINE OR PENALTY     2,528        

AGAINST A SELF-INSURING EMPLOYER, OR revoke or refuse to renew an  2,529        

employer's status as a self-insuring employer if adequate          2,530        

corrective action is taken by the employer pursuant to division    2,531        

(C) of this section.  THE ADMINISTRATOR, WITH THE ADVICE AND       2,532        

CONSENT OF THE WORKERS' COMPENSATION OVERSIGHT COMMISSION, SHALL   2,533        

ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE    2,536        

FOR THE ASSESSMENT OF A FINE OR PENALTY UNDER THIS SECTION         2,537        

AGAINST A SELF-INSURING EMPLOYER.  ALL SUMS COLLECTED UNDER THIS   2,538        

DIVISION SHALL BE PAID INTO THE SELF-INSURANCE ASSESSMENT FUND     2,539        

CREATED PURSUANT TO DIVISION (J) OF SECTION 4123.35 OF THE         2,541        

REVISED CODE.                                                      2,542        

      (C)  The administrator shall refer to the board all          2,544        

complaints or allegations of misconduct against a self-insuring    2,545        

employer or questions as to whether a self-insuring employer       2,546        

                                                          60     

                                                                 
continues to meet minimum standards.  The board shall investigate  2,547        

and may order the employer to take corrective action in            2,548        

accordance with the schedule the board fixes.  The board's         2,549        

determination in this regard need not be made by formal hearing    2,550        

but shall be issued in written form and contain the signature of   2,551        

at least two board members.  If the board determines, after A      2,553        

SELF-INSURING EMPLOYER MAY APPEAL THE ADMINISTRATOR'S ASSESSMENT   2,554        

OF A FINE OR PENALTY AGAINST A SELF-INSURING EMPLOYER, OR THE      2,555        

REVOCATION OF OR REFUSAL TO RENEW THE SELF-INSURING STATUS OF A    2,556        

SELF-INSURING EMPLOYER UNDER THIS SECTION, WITHIN THIRTY DAYS      2,557        

AFTER RECEIPT OF NOTICE OF THE FINE, PENALTY, REVOCATION, OR       2,558        

RENEWAL REFUSAL, TO THE SELF-INSURING EMPLOYERS EVALUATION BOARD.  2,559        

THE FILING OF AN APPEAL SHALL STAY THE ADMINISTRATOR'S ORDER.      2,560        

AFTER a hearing conducted pursuant to Chapter 119. of the Revised  2,561        

Code and the rules of the bureau, that the employer has failed to  2,562        

correct the deficiencies within the time fixed by the board or is  2,563        

otherwise in violation of this chapter, the board shall recommend  2,565        

to the administrator revocation of an employer's status as a                    

self-insuring employer or such other penalty which may include,    2,566        

but is not limited to, probation, or a civil penalty not to        2,567        

exceed ten thousand dollars for each failure.  A board             2,568        

recommendation to revoke an employer's status as a self-insuring   2,569        

employer shall be by unanimous vote.  A recommendation for any     2,570        

other penalty shall be by majority vote.  Where the board makes    2,571        

recommendations to the administrator for disciplining a            2,572        

self-insuring employer, the administrator promptly and fully       2,573        

shall implement the recommendations AFFIRM OR VACATE THE           2,575        

ASSESSMENT OF A FINE OR PENALTY AGAINST A SELF-INSURING EMPLOYER   2,576        

BY MAJORITY VOTE OF THE BOARD.  IF THE ADMINISTRATOR DECIDES TO    2,577        

REVOKE OR REFUSE TO RENEW THE EMPLOYER'S STATUS AS A               2,578        

SELF-INSURING EMPLOYER, THE BOARD'S DECISION TO AFFIRM THE         2,579        

ADMINISTRATOR'S DECISION SHALL BE BY UNANIMOUS VOTE.               2,580        

      Sec. 4123.411.  (A)  For the purpose of carrying out         2,589        

sections 4123.412 to 4123.418 of the Revised Code, the             2,590        

                                                          61     

                                                                 
administrator of workers' compensation, with the advice and        2,592        

consent of the workers' compensation oversight commission, shall   2,593        

levy an assessment against all employers at a rate, of at least    2,595        

five but not to exceed ten cents per one hundred dollars of        2,596        

payroll, such rate to be determined annually for each employer     2,597        

group listed in divisions (A)(1) to (3) of this section, which     2,598        

will produce an amount no greater than the amount the              2,599        

administrator estimates to be necessary to carry out such          2,600        

sections for the period for which the assessment is levied.  In    2,601        

the event the amount produced by the assessment is not sufficient  2,602        

to carry out such sections the additional amount necessary shall   2,603        

be provided from the income produced as a result of investments    2,604        

made pursuant to section 4123.44 of the Revised Code.              2,605        

      Assessments shall be levied according to the following       2,607        

schedule:                                                          2,608        

      (1)  Private fund employers, except self-insuring            2,610        

employers--in January and July of each year upon gross payrolls    2,611        

of the preceding six months;                                       2,612        

      (2)  Counties and taxing district employers therein, except  2,614        

county hospitals that are self-insuring employers--in January of   2,615        

each year upon gross payrolls of the preceding twelve months;      2,616        

      (3)  The state as an employer--in January, April, July, and  2,618        

October of each year upon gross payrolls of the preceding three    2,619        

months.                                                            2,620        

      Amounts assessed in accordance with this section shall be    2,622        

collected from each employer as prescribed in rules the            2,623        

administrator adopts.                                              2,624        

      The moneys derived from the assessment provided for in this  2,626        

section shall be credited to the disabled workers' relief fund     2,627        

created by section 4123.412 of the Revised Code.  The              2,628        

administrator shall establish by rule classifications of           2,629        

employers within divisions (A)(1) to (3) of this section and       2,630        

shall determine rates for each class so as to fairly apportion     2,631        

the costs of carrying out sections 4123.412 to 4123.418 of the     2,632        

                                                          62     

                                                                 
Revised Code.                                                      2,633        

      (B)  For all injuries and disabilities occurring on or       2,636        

after January 1, 1987, AND FOR ALL INJURIES, IMPAIRMENTS, AND      2,637        

DISABILITIES ARISING ON OR AFTER THE EFFECTIVE DATE OF THIS        2,638        

AMENDMENT, the administrator, for the purposes of carrying out     2,640        

sections 4123.412 to 4123.418 of the Revised Code, shall levy an   2,641        

assessment against all employers at a rate per one hundred         2,642        

dollars of payroll, such rate to be determined annually for each   2,643        

classification of employer in each employer group listed in        2,644        

divisions (A)(1) to (3) of this section, which will produce an                  

amount no greater than the amount the administrator estimates to   2,645        

be necessary to carry out such sections for the period for which   2,646        

the assessment is levied.                                          2,647        

      Amounts assessed in accordance with this division shall be   2,649        

billed at the same time premiums are billed and credited to the    2,650        

disabled workers' relief fund created by section 4123.412 of the   2,651        

Revised Code.  The administrator shall determine the rates for     2,652        

each class in the same manner as he THE ADMINISTRATOR fixes the    2,653        

rates for premiums pursuant to section 4123.29 of the Revised      2,655        

Code.                                                                           

      (C)  For a self-insuring employer, the bureau of workers'    2,657        

compensation shall pay to employees who are participants           2,658        

regardless of the date of injury, any amounts due to the           2,659        

participants under section 4123.414 of the Revised Code and shall  2,660        

bill the self-insuring employer, semiannually, for all amounts     2,661        

paid to a participant.                                             2,662        

      Sec. 4123.412.  For the relief of persons who are            2,671        

permanently and totally disabled IMPAIRED as the result of injury  2,673        

or disease sustained in the course of their employment and who     2,674        

are receiving workers' compensation which is payable to them by    2,675        

virtue of and under the laws of this state in amounts, the total   2,676        

of which, when combined with disability benefits received          2,677        

pursuant to the Social Security Act is less than three hundred     2,678        

forty-two dollars per month adjusted annually as provided in       2,679        

                                                          63     

                                                                 
division (B) of section 4123.62 of the Revised Code, there is      2,680        

hereby created a separate fund to be known as the disabled         2,681        

workers' relief fund, which fund shall consist of the sums that    2,682        

are from time to time appropriated by the general assembly and     2,683        

made available to the order of the bureau of workers'              2,684        

compensation to carry out the objects and purposes of sections     2,685        

4123.412 to 4123.418 of the Revised Code.  The fund shall be in    2,686        

the custody of the treasurer of the state.  Disbursements from     2,687        

the fund shall be made by the bureau to those persons entitled to  2,688        

participate therein and in amounts to each participant as is       2,689        

provided in section 4123.414 of the Revised Code.  All investment  2,690        

earnings of the fund shall be credited to the fund.                2,691        

      Sec. 4123.413.  To be eligible to participate in said THE    2,700        

DISABLED WORKERS' RELIEF fund, a participant must be permanently   2,702        

and totally disabled IMPAIRED and be receiving workers'            2,703        

compensation payments, the total of which, when combined with      2,704        

disability benefits received pursuant to The THE Social Security   2,705        

Act is less than three hundred forty-two dollars per month         2,707        

adjusted annually as provided in division (B) of section 4123.62   2,708        

of the Revised Code.                                                            

      Sec. 4123.414.  Each person determined eligible, pursuant    2,717        

to section 4123.413 of the Revised Code, to participate in the     2,718        

disabled workers' relief fund is entitled to receive payments,     2,719        

without application, from the fund of a monthly amount equal to    2,720        

the lesser of the difference between three hundred forty-two       2,721        

dollars, adjusted annually pursuant to division (B) of section     2,722        

4123.62 of the Revised Code, and:                                  2,723        

      (1)(A)  The amount he THE PERSON is receiving per month as   2,726        

the disability monthly benefits award pursuant to The Social       2,728        

Security Act; or                                                                

      (2)(B)  The amount he THE PERSON is receiving monthly under  2,731        

the workers' compensation laws for permanent and total disability  2,733        

IMPAIRMENT.  In determining such difference, a participant shall   2,735        

be considered as receiving the amount of such participant's        2,736        

                                                          64     

                                                                 
compensation which shall have been commuted under the provisions   2,737        

of section 4123.64 of the Revised Code.  Such payments shall be    2,738        

made monthly during the period in which such participant is        2,739        

permanently and totally disabled IMPAIRED.                         2,740        

      Sec. 4123.416.  The administrator of workers' compensation   2,749        

shall promptly require of each employer who has elected to pay     2,750        

compensation direct under the provisions of section 4123.35 of     2,751        

the Revised Code SELF-INSURING EMPLOYER a verified list of the     2,752        

names and addresses of all persons to whom the employer is paying  2,754        

workers' compensation on account of permanent and total            2,755        

disability IMPAIRMENT and the evidence respecting such persons as  2,757        

the administrator reasonably deems necessary to determine the      2,758        

eligibility of any such person to participate in the disabled      2,759        

workers' relief fund.  The superintendent of insurance shall       2,760        

promptly require of each insurance company which is organized or   2,761        

licensed to do business in this state and which has at any time    2,762        

written workers' compensation insurance in this state a like       2,763        

verified list and like evidence respecting persons to whom the     2,764        

insurance companies are paying workers' compensation under the     2,765        

Ohio workers' compensation laws and contracts of insurance in      2,766        

respect thereof; and the superintendent of insurance shall         2,767        

promptly transmit all such lists and evidence to the bureau of     2,768        

workers' compensation. Any person claiming the right to            2,769        

participate in the fund may file his AN application therefor with  2,770        

the bureau and shall be accorded a hearing thereon.                2,771        

      Sec. 4123.419.  The assessment rate established pursuant to  2,780        

section 4123.411 of the Revised Code, subject to the limits set    2,781        

forth in that section, shall be adequate to provide the amounts    2,782        

estimated as necessary by the administrator of workers'            2,783        

compensation to carry out the provisions of sections 4123.412 to   2,784        

4123.418 of the Revised Code, and in addition to provide moneys    2,785        

to reimburse the general revenue fund for moneys appropriated by   2,786        

Section 2 of H.B. No. 1131 of the 103rd general assembly or by     2,787        

the 104th and succeeding general assemblies for disabled OR        2,788        

                                                          65     

                                                                 
IMPAIRED workers' relief.  When the additional moneys are          2,790        

available in whole or part for the purpose of making the           2,791        

reimbursement, the director of budget and management shall         2,792        

certify the amount to the bureau of workers' compensation which    2,793        

shall thereupon cause the moneys to be paid to the general         2,794        

revenue fund from the disabled workers' relief fund except that    2,795        

any amounts due because of the state's obligation as an employer   2,796        

pursuant to section 4123.411 of the Revised Code and not paid to   2,797        

the disabled workers' relief fund shall be deducted from any such  2,798        

reimbursement.                                                                  

      Sec. 4123.511.  (A)  Within seven days after receipt of any  2,808        

claim under this chapter, the bureau of workers' compensation                   

shall notify the claimant and the employer of the claimant of the  2,809        

receipt of the claim and of the facts alleged therein.  If the     2,810        

bureau receives from a person other than the claimant written or   2,811        

telecommunicated information indicating that an injury HAS         2,812        

OCCURRED or AN occupational disease has occurred or been           2,813        

contracted which THAT may be compensable under this chapter HAS    2,815        

BEEN DIAGNOSED BY A LICENSED PHYSICIAN, the bureau shall notify    2,816        

the employee and the employer of the information.  If the          2,817        

information is provided by any method of telecommunication, the    2,818        

person providing the information shall provide written             2,819        

verification of the information to the bureau according to         2,820        

division (E) of section 4123.84 of the Revised Code.  The receipt  2,821        

of the information in writing, or if by a method of                2,822        

telecommunications, the written verification, and the notice by    2,823        

the bureau shall be considered an application for compensation     2,824        

under section 4123.84 or 4123.85 of the Revised Code provided      2,825        

that the conditions of division (E) of section 4123.84 of the      2,826        

Revised Code apply to information provided by a method of          2,827        

telecommunication.  Upon receipt of a claim, the bureau shall      2,828        

advise the claimant of the claim number assigned and the           2,829        

claimant's right to representation in the processing of a claim    2,830        

or to elect no representation.  If the bureau determines that a    2,831        

                                                          66     

                                                                 
claim is determined to be a compensable lost time claim, the       2,832        

bureau shall notify the claimant and the employer of the           2,833        

availability of rehabilitation services. No bureau or industrial   2,834        

commission employee shall directly or indirectly convey any        2,835        

information in derogation of this right. This section shall in no  2,836        

way abrogate the bureau's responsibility to aid and assist a       2,837        

claimant in the filing of a claim and to advise the claimant of    2,838        

the claimant's rights under the law.                                            

      The administrator of workers' compensation shall assign all  2,840        

claims and investigations to the bureau service office from which  2,841        

investigation and determination may be made most expeditiously.    2,842        

      The bureau shall investigate the facts concerning an injury  2,844        

or occupational disease and ascertain such facts in whatever       2,845        

manner is most appropriate and may obtain statements of the        2,846        

employee, employer, attending physician, and witnesses in          2,847        

whatever manner is most appropriate.                               2,848        

      (B)(1)  Except as provided in division (B)(2) of this        2,850        

section, in claims other than those in which the employer is a     2,851        

self-insuring employer, if the administrator determines under      2,852        

division (A) of this section that a claimant is or is not          2,853        

entitled to an award of compensation or benefits, the              2,854        

administrator shall issue an order, no sooner than twenty-one      2,855        

days but no later than twenty-eight days after the sending of the  2,857        

notice under division (A) of this section, granting or denying     2,858        

the payment of the compensation or benefits, or both as is         2,859        

appropriate to the claimant.  Notwithstanding the time limitation  2,860        

specified in this division for the issuance of an order, if a      2,861        

medical examination of the claimant is required by statute, the    2,862        

administrator promptly shall schedule the claimant for that                     

examination and shall issue an order no later than twenty-eight    2,863        

days after receipt of the report of the examination.  The          2,864        

administrator shall notify the claimant and the employer of the    2,866        

claimant and their respective representatives in writing of the    2,867        

nature of the order and the amounts of compensation and benefit    2,868        

                                                          67     

                                                                 
payments involved.  The employer or claimant may appeal the order  2,869        

pursuant to division (C) of this section within fourteen days      2,870        

after the date of the receipt of the order.  The employer and      2,871        

claimant may waive, in writing, their rights to an appeal under    2,872        

this division.                                                                  

      (2)  Notwithstanding the time limitation specified in        2,874        

division (B)(1) of this section for the issuance of an order, if   2,875        

the employer certifies a claim for payment of compensation or      2,876        

benefits, or both, to a claimant, and the administrator has        2,877        

completed the investigation of the claim, the payment of benefits  2,879        

or compensation, or both, as is appropriate, shall commence upon   2,880        

the later of the date of the certification or completion of the    2,881        

investigation and issuance of the order by the administrator,      2,882        

provided that the administrator shall issue the order no later     2,883        

than the time limitation specified in division (B)(1) of this      2,884        

section.                                                           2,885        

      (3)  If an appeal is made under division (B)(1) or (2) of    2,887        

this section, the administrator shall forward the claim file to    2,888        

the appropriate district hearing officer within seven days of the  2,889        

appeal.  In contested claims other than state fund claims, the     2,890        

administrator shall forward the claim within seven days of the     2,891        

administrator's receipt of the claim to the commission, which      2,893        

shall refer the claim to an appropriate district hearing officer   2,894        

for a hearing in accordance with division (C) of this section.     2,895        

      (C)  If an employer or claimant timely appeals the order of  2,897        

the administrator issued under division (B) of this section or in  2,898        

the case of other contested claims other than state fund claims,   2,899        

the commission shall refer the claim to an appropriate district    2,900        

hearing officer according to rules the commission adopts under     2,901        

section 4121.36 of the Revised Code.  The district hearing         2,902        

officer shall notify the parties and their respective              2,903        

representatives of the time and place of the hearing.              2,904        

      The district hearing officer shall hold a hearing on a       2,906        

disputed issue or claim within forty-five days after the filing    2,908        

                                                          68     

                                                                 
of the appeal under this division and issue a decision within      2,909        

seven days after holding the hearing.  The district hearing        2,910        

officer shall notify the parties and their respective                           

representatives in writing of the order.  Any party may appeal an  2,912        

order issued under this division pursuant to division (D) of this  2,913        

section within fourteen days after receipt of the order under      2,914        

this division.                                                     2,915        

      (D)  Upon the timely filing of an appeal of the order of     2,917        

the district hearing officer issued under division (C) of this     2,918        

section, the commission shall refer the claim file to an           2,919        

appropriate staff hearing officer according to its rules adopted   2,920        

under section 4121.36 of the Revised Code.  The staff hearing      2,921        

officer shall hold a hearing within forty-five days after the      2,922        

filing of an appeal under this division and issue a decision       2,923        

within seven days after holding the hearing under this division.   2,926        

The staff hearing officer shall notify the parties and their       2,927        

respective representatives in writing of his THE STAFF HEARING                  

OFFICER'S order.  Any party may appeal an order issued under this  2,929        

division pursuant to division (E) of this section within fourteen  2,930        

days after receipt of the order under this division.               2,931        

      (E)  Upon the filing of a timely appeal of the order of the  2,933        

staff hearing officer issued under division (D) of this section,   2,934        

the commission or a designated staff hearing officer, on behalf    2,935        

of the commission, shall determine whether the commission will     2,937        

hear the appeal.  If the commission or the designated staff                     

hearing officer decides to hear the appeal, the commission or the  2,939        

designated staff hearing officer shall notify the parties and      2,940        

their respective representatives in writing of the time and place  2,941        

of the hearing.  The commission shall hold the hearing within      2,942        

forty-five days after the filing of the notice of appeal and,      2,943        

within seven days after the conclusion of the hearing, the         2,944        

commission shall issue its order affirming, modifying, or          2,945        

reversing the order issued under division (D) of this section.     2,946        

The commission shall notify the parties and their respective       2,947        

                                                          69     

                                                                 
representatives in writing of the order.  If the commission or     2,948        

the designated staff hearing officer determines not to hear the    2,949        

appeal, within fourteen days after the filing of the notice of     2,950        

appeal, the commission or the designated staff hearing officer     2,951        

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

their respective representatives in writing of that order.         2,952        

      Except as otherwise provided in this chapter and Chapters    2,954        

4121., 4127., and 4131. of the Revised Code, any party may appeal  2,955        

an order issued under this division to the court pursuant to       2,956        

section 4123.512 of the Revised Code within sixty days after       2,957        

receipt of the order, subject to the limitations contained in      2,958        

that section.                                                      2,959        

      (F)  Every notice of an appeal from an order issued under    2,961        

divisions (B), (C), (D), and (E) of this section shall state the   2,962        

names of the claimant and employer, the number of the claim, the   2,963        

date of the decision appealed from, and the fact that the          2,964        

appellant appeals therefrom.                                       2,965        

      (G)  All of the following apply to the proceedings under     2,967        

divisions (C), (D), and (E) of this section:                       2,968        

      (1)  The parties shall proceed promptly and without          2,970        

continuances except for good cause;                                2,971        

      (2)  The parties, in good faith, shall engage in the free    2,973        

exchange of information relevant to the claim prior to the         2,974        

conduct of a hearing according to the rules the commission adopts  2,975        

under section 4121.36 of the Revised Code;                         2,976        

      (3)  The administrator is a party and may appear and         2,978        

participate at all administrative proceedings on behalf of the     2,979        

state insurance fund.  However, in cases in which the employer is  2,980        

represented, the administrator shall neither present arguments     2,981        

nor introduce testimony that is cumulative to that presented or    2,982        

introduced by the employer or the employer's representative.  The  2,983        

administrator may file an appeal under this section on behalf of                

the state insurance fund; however, except in cases arising under   2,984        

section 4123.343 of the Revised Code, the administrator only may   2,985        

                                                          70     

                                                                 
appeal questions of law or issues of fraud when the employer       2,986        

appears in person or by representative.                                         

      (H)  Except as provided in division (J) of this section,     2,988        

payments of compensation to a claimant or on behalf of a claimant  2,989        

as a result of any order issued under this chapter shall commence  2,990        

upon the earlier of the following:                                 2,991        

      (1)  Fourteen days after the date the administrator issues   2,993        

an order under division (B) of this section, unless that order is  2,994        

appealed;                                                          2,995        

      (2)  The date when the employer has waived the right to      2,997        

appeal a decision issued under division (B) of this section;       2,998        

      (3)  If no appeal of an order has been filed under this      3,000        

section or to a court under section 4123.512 of the Revised Code,  3,001        

the expiration of the time limitations for the filing of an        3,002        

appeal of an order;                                                3,003        

      (4)  The TWENTY-ONE DAYS AFTER THE date of receipt by the    3,005        

employer of an order of a district hearing officer, a staff        3,006        

hearing officer, or the industrial commission issued under         3,008        

division (C), (D), or (E) of this section.                         3,009        

      (I)  No medical benefits payable under this chapter or       3,011        

Chapter 4121., 4127., or 4131. of the Revised Code are payable     3,012        

until the earlier of the following:                                3,013        

      (1)  The date of the issuance of the staff hearing           3,015        

officer's order under division (D) of this section;                3,016        

      (2)  The date of the final administrative or judicial        3,018        

determination.                                                     3,019        

      (J)  Upon the final administrative or judicial               3,021        

determination, if a claimant is found to have received             3,022        

compensation to which the claimant was not entitled, the           3,024        

claimant's employer, if a self-insuring employer, or the bureau,   3,025        

shall withhold from any amount to which the claimant becomes       3,026        

entitled pursuant to any claim, past, present, or future, under    3,027        

Chapter 4121., 4123., 4127., or 4131. of the Revised Code, the     3,028        

amount to which the claimant was not entitled pursuant to the      3,029        

                                                          71     

                                                                 
following criteria:                                                             

      (1)  No withholding for the first twelve weeks of temporary  3,031        

total disability compensation pursuant to section 4123.56 of the   3,032        

Revised Code shall be made;                                        3,033        

      (2)  Forty per cent of all awards of compensation paid       3,035        

pursuant to sections 4123.56 and 4123.57 of the Revised Code,      3,036        

until the amount overpaid is refunded;                             3,037        

      (3)  Twenty-five per cent of any compensation paid pursuant  3,039        

to section 4123.58 of the Revised Code until the amount overpaid   3,040        

is refunded;                                                       3,041        

      (4)  If, pursuant to an appeal under section 4123.512 of     3,043        

the Revised Code, the court of appeals or the supreme court        3,044        

reverses the allowance of the claim, then no amount of any         3,045        

compensation will be withheld.                                     3,046        

      (K)  If a staff hearing officer or the commission fails to   3,048        

issue a decision or the commission fails to refuse to hear an      3,049        

appeal within the time periods required by this section, payments  3,050        

to a claimant shall cease until the staff hearing officer or       3,051        

commission issues a decision or hears the appeal, unless the       3,052        

failure was due to the fault or neglect of the employer or the     3,053        

employer agrees that the payments should continue for a longer     3,054        

period of time.                                                    3,055        

      (L)  Except as provided in section 4123.522 of the Revised   3,057        

Code, no appeal is timely filed under this section unless the      3,058        

appeal is filed with the time limits set forth in this section.    3,059        

      (M)  No person who is not an employee of the bureau or       3,061        

commission or who is not by law given access to the contents of a  3,062        

claims file shall have a file in the person's possession.          3,063        

      Sec. 4123.512.  (A)  The claimant or the employer may        3,073        

appeal an order of the industrial commission made under division   3,074        

(E) of section 4123.511 of the Revised Code in any injury or       3,075        

occupational disease case, other than a decision as to the extent  3,076        

of disability OR IMPAIRMENT, to the court of common pleas of the   3,077        

county in which the injury was inflicted or in which the contract  3,079        

                                                          72     

                                                                 
of employment was made if the injury occurred outside the state,   3,080        

or in which the contract of employment was made if the exposure    3,081        

occurred outside the state.  If no common pleas court has          3,082        

jurisdiction for the purposes of an appeal by the use of the       3,083        

jurisdictional requirements described in this division, the        3,084        

appellant may use the venue provisions in the Rules of Civil       3,085        

Procedure to vest jurisdiction in a court.  If the claim is for    3,086        

an occupational disease the appeal shall be to the court of        3,087        

common pleas of the county in which the exposure which caused the  3,088        

disease occurred.  Like appeal may be taken from an order of a     3,089        

staff hearing officer made under division (D) of section 4123.511  3,090        

of the Revised Code from which the commission has refused to hear  3,091        

an appeal.  The appellant shall file the notice of appeal with a   3,092        

court of common pleas within sixty days after the date of the      3,093        

receipt of the order appealed from or the date of receipt of the   3,094        

order of the commission refusing to hear an appeal of a staff      3,095        

hearing officer's decision under division (D) of section 4123.511  3,096        

of the Revised Code.  The filing of the notice of the appeal with  3,097        

the court is the only act required to perfect the appeal.          3,098        

      If an action has been commenced in a court of a county       3,100        

other than a court of a county having jurisdiction over the        3,101        

action, the court, upon notice by any party or upon its own        3,102        

motion, shall transfer the action to a court of a county having    3,103        

jurisdiction.                                                      3,104        

      Notwithstanding anything to the contrary in this section,    3,106        

if the commission determines under section 4123.522 of the         3,107        

Revised Code that an employee, employer, or their respective       3,108        

representatives have not received written notice of an order or    3,109        

decision which is appealable to a court under this section and     3,110        

which grants relief pursuant to section 4123.522 of the Revised    3,111        

Code, the party granted the relief has sixty days from receipt of  3,112        

the order under section 4123.522 of the Revised Code to file a     3,113        

notice of appeal under this section.                               3,114        

      (B)  The notice of appeal shall state the names of the       3,116        

                                                          73     

                                                                 
claimant and the employer, the number of the claim, the date of    3,117        

the order appealed from, and the fact that the appellant appeals   3,118        

therefrom.                                                         3,119        

      The administrator, the claimant, and the employer shall be   3,121        

parties to the appeal and the court, upon the application of the   3,122        

commission, shall make the commission a party.  The administrator  3,123        

shall notify the employer that, if he THE EMPLOYER fails to        3,125        

become an active party to the appeal, then the administrator may   3,127        

act on behalf of the employer and the results of the appeal could  3,128        

have an adverse effect upon the employer's premium rates.          3,129        

      (C)  The attorney general or one or more of his THE          3,131        

ATTORNEY GENERAL'S assistants or special counsel designated by     3,133        

him THE ATTORNEY GENERAL shall represent the administrator and     3,135        

the commission.  In the event IF the attorney general or his THE   3,136        

ATTORNEY GENERAL'S designated assistants or special counsel are    3,137        

absent, the administrator or the commission shall select one or    3,138        

more of the attorneys in the employ of the administrator or the    3,139        

commission as his THE ADMINISTRATOR'S ATTORNEY or its THE          3,141        

COMMISSION'S attorney in the appeal.  Any attorney so employed     3,143        

shall continue his THE representation during the entire period of  3,144        

the appeal and in all hearings thereof except where the continued  3,145        

representation becomes impractical.                                             

      (D)  Upon receipt of notice of appeal the clerk of courts    3,147        

shall provide notice to all parties who are appellees and to the   3,148        

commission.                                                        3,149        

      The claimant shall, within thirty days after the filing of   3,151        

the notice of appeal, SHALL file a petition containing a           3,152        

statement of facts in ordinary and concise language showing a      3,153        

cause of action to participate or to continue to participate in    3,154        

the fund and setting forth the basis for the jurisdiction of the   3,155        

court over the action.  Further pleadings shall be had in          3,156        

accordance with the Rules of Civil Procedure, provided that        3,157        

service of summons on such petition shall not be required.  The    3,158        

clerk of the court shall, upon receipt thereof, SHALL transmit by  3,159        

                                                          74     

                                                                 
certified mail a copy thereof to each party named in the notice    3,161        

of appeal other than the claimant.  Any party may file with the    3,162        

clerk prior to the trial of the action a deposition of any         3,163        

physician taken in accordance with the provisions of the Revised   3,164        

Code, which deposition may be read in the trial of the action      3,165        

even though the physician is a resident of or subject to service   3,166        

in the county in which the trial is had.  The bureau of workers'   3,167        

compensation shall pay the cost of the deposition filed in court   3,168        

and of copies of the deposition for each party from the surplus    3,169        

fund and charge the costs thereof against the unsuccessful party   3,170        

if the claimant's right to participate or continue to participate  3,171        

is finally sustained or established in the appeal.  In the event   3,172        

the deposition is taken and filed, the physician whose deposition  3,173        

is taken is not required to respond to any subpoena issued in the  3,174        

trial of the action.  The court, or the jury under the             3,175        

instructions of the court, if a jury is demanded, shall determine  3,176        

the right of the claimant to participate or to continue to         3,177        

participate in the fund upon the evidence adduced at the hearing   3,178        

of the action.                                                     3,179        

      (E)  The court shall certify its decision to the commission  3,181        

and the certificate shall be entered in the records of the court.  3,182        

Appeals from the judgment are governed by the law applicable to    3,183        

the appeal of civil actions.                                       3,184        

      (F)  The cost of any legal proceedings authorized by this    3,186        

section, including an attorney's fee to the claimant's attorney    3,187        

to be fixed by the trial judge, based upon the effort expended,    3,188        

in the event the claimant's right to participate or to continue    3,189        

to participate in the fund is established upon the final           3,190        

determination of an appeal, shall be taxed against the employer    3,191        

or the commission if the commission or the administrator rather    3,192        

than the employer contested the right of the claimant to           3,193        

participate in the fund.  The attorney's fee shall not exceed      3,194        

twenty-five hundred dollars.                                       3,195        

      (G)  If the finding of the court or the verdict of the jury  3,197        

                                                          75     

                                                                 
is in favor of the claimant's right to participate in the fund,    3,198        

the commission and the administrator shall thereafter proceed in   3,199        

the matter of the claim as if the judgment were the decision of    3,200        

the commission, subject to the power of modification provided by   3,201        

section 4123.52 of the Revised Code.                               3,202        

      (H)  An appeal from an order issued under division (E) of    3,204        

section 4123.511 of the Revised Code or any action filed in court  3,205        

in a case in which an award of compensation has been made shall    3,206        

not stay the payment of compensation under the award or payment    3,207        

of compensation for subsequent periods of total disability OR      3,208        

IMPAIRMENT during the pendency of the appeal.  If, in a final      3,210        

administrative or judicial action, it is determined that payments  3,211        

of compensation or benefits, or both, made to or on behalf of a    3,212        

claimant should not have been made, the amount thereof shall be    3,213        

charged to the surplus fund under division (B) of section 4123.34  3,214        

of the Revised Code.  In the event the employer is a state risk,   3,215        

the amount shall not be charged to the employer's experience.  In  3,216        

the event the employer is a self-insuring employer, the            3,217        

self-insuring employer shall deduct the amount from the paid       3,218        

compensation he reports to the administrator under division (K)    3,219        

of section 4123.35 of the Revised Code.  All actions and           3,220        

proceedings under this section which are the subject of an appeal  3,221        

to the court of common pleas or the court of appeals shall be      3,222        

preferred over all other civil actions except election causes,     3,223        

irrespective of position on the calendar.                          3,224        

      This section applies to all decisions of the commission or   3,226        

the administrator on November 2, 1959, and all claims filed        3,227        

thereafter are governed by sections 4123.511 and 4123.512 of the   3,228        

Revised Code.                                                      3,229        

      Any action pending in common pleas court or any other court  3,231        

on January 1, 1986, under this section is governed by former       3,232        

sections 4123.514, 4123.515, 4123.516, and 4123.519 and section    3,233        

4123.522 of the Revised Code.                                      3,234        

      Sec. 4123.52.  The (A)(1)  EXCEPT AS OTHERWISE PROVIDED IN   3,243        

                                                          76     

                                                                 
DIVISION (B) OF THIS SECTION, THE jurisdiction of the industrial   3,244        

commission and the authority of the administrator of workers'      3,245        

compensation over each case is continuing, and the commission may  3,246        

make such modification or change with respect to former findings   3,247        

or orders with respect thereto, as, in its opinion is justified.   3,248        

No EXCEPT AS PROVIDED IN DIVISIONS (A)(1), (B), AND (C) OF THIS    3,250        

SECTION, THE COMMISSION SHALL MAKE NO modification or, change nor  3,253        

any, finding, or award in ANY CLAIM WITH respect of any claim      3,255        

shall be made with respect to disability, compensation,                         

dependency, or MEDICAL benefits, after six FIVE years from the     3,257        

date of injury in the absence of the payment of medical benefits   3,258        

under this chapter, in which event the modification, change,       3,259        

finding, or award shall be made within six years after the         3,260        

payment of medical benefits, or in the absence of payment of       3,262        

compensation under section 4123.57, 4123.58, or division (A) or    3,263        

(B) of section 4123.56 of the Revised Code or wages in lieu of     3,264        

compensation in a manner so as to satisfy the requirements of      3,266        

section 4123.84 of the Revised Code, in which event the            3,267        

modification, change, finding, or award shall be made within ten   3,268        

years from the date of the last payment of compensation or from    3,270        

the date of death, nor unless written notice of claim for the      3,271        

specific part or parts of the body injured or disabled has been    3,272        

given as provided in section 4123.84 or 4123.85 of the Revised     3,274        

Code, and the commission shall not make any modification, change,  3,275        

finding, or award which shall award compensation for a back        3,276        

period in excess of two years prior to the date of filing          3,277        

application therefor OR THE DATE OF FIRST DIAGNOSIS OF AN          3,278        

OCCUPATIONAL DISEASE, UNLESS COMPENSATION UNDER SECTION 4123.56    3,279        

OF THE REVISED CODE, WAGES IN LIEU OF THAT COMPENSATION IN A       3,280        

MANNER THAT SATISFIES THE REQUIREMENTS OF SECTION 4123.84 OF THE   3,281        

REVISED CODE, COMPENSATION UNDER DIVISION (B) OF SECTION 4123.57   3,284        

OR SECTION 4123.58 OR 4123.59 OF THE REVISED CODE, OR MEDICAL      3,285        

BENEFITS HAVE BEEN PAID, IN WHICH EVENT, IN CASES IN WHICH         3,286        

COMPENSATION OR WAGES IN LIEU OF THAT COMPENSATION HAS BEEN PAID   3,288        

                                                          77     

                                                                 
UNDER SECTION 4123.56 OF THE REVISED CODE, OR IN CASES IN WHICH                 

COMPENSATION HAS BEEN PAID UNDER DIVISION (B) OF SECTION 4123.57   3,289        

OR SECTION 4123.58 OR 4123.59 OF THE REVISED CODE, THE COMMISSION  3,291        

MAY ONLY MAKE A MODIFICATION, CHANGE, FINDING, OR AWARD IN A                    

CLAIM WITH RESPECT TO COMPENSATION, DEPENDENCY, OR MEDICAL         3,292        

BENEFITS WITHIN FIVE YEARS AFTER THE DATE OF THE LAST PAYMENT OF   3,293        

COMPENSATION UNDER SECTION 4123.56, WAGES IN LIEU OF THAT          3,294        

COMPENSATION, OR COMPENSATION UNDER DIVISION (B) OF SECTION        3,295        

4123.57 OR SECTION 4123.58 OR 4123.59 OF THE REVISED CODE.         3,297        

      (2)  THE COMMISSION MAY MAKE A MODIFICATION, CHANGE,         3,300        

FINDING, OR AWARD IN ANY CLAIM WITH RESPECT TO MEDICAL BENEFITS    3,301        

WITHIN FIVE YEARS AFTER THE DATE OF THE LAST TREATMENT FOR WHICH   3,302        

MEDICAL BENEFITS HAVE BEEN PAID OR ORDERED TO BE PAID.                          

      (B)  IN ALL CASES FOR A CLAIM INVOLVING AN OCCUPATIONAL      3,304        

DISEASE DESCRIBED IN DIVISIONS (A) THROUGH (AA) OF SECTION         3,306        

4123.68 OF THE REVISED CODE OR OTHER OCCUPATIONAL DISEASE THAT     3,307        

RESULTS FROM EXPOSURE TO FIBROSIS-PRODUCING OR TOXIC DUSTS,        3,308        

FUMES, MISTS, VAPORS, GASES, OR LIQUIDS, OR OTHER TOXIC                         

MATERIALS, OR A COMBINATION OF THOSE, THE JURISDICTION OF THE      3,309        

COMMISSION AND THE AUTHORITY OF THE ADMINISTRATOR OVER EACH CASE   3,310        

IS CONTINUING PURSUANT TO DIVISION (A) OF THIS SECTION, EXCEPT     3,311        

THAT THE JURISDICTION TO MAKE A MODIFICATION, CHANGE, FINDING, OR  3,312        

AWARD IN THE CLAIM WITH RESPECT TO COMPENSATION, DEPENDENCY, OR    3,313        

MEDICAL BENEFITS MAY EXTEND BEYOND THE TIME LIMITATIONS CONTAINED  3,314        

IN THAT DIVISION, UP TO A MAXIMUM OF SIX MONTHS AFTER THE DATE AN  3,315        

EMPLOYEE FIRST BECOMES TOTALLY DISABLED AS A RESULT OF THE                      

OCCUPATIONAL DISEASE THAT IS THE SUBJECT OF THE EMPLOYEE'S CLAIM,  3,316        

AND THEREAFTER, THE TIME LIMITATIONS CONTAINED IN DIVISION (A) OF  3,317        

THIS SECTION APPLY TO THAT CASE.                                   3,318        

      (C)(1)  IN ALL CASES FOR A CLAIM DESCRIBED IN DIVISION       3,321        

(C)(2) OF THIS SECTION, THE JURISDICTION OF THE COMMISSION AND                  

THE AUTHORITY OF THE ADMINISTRATOR OVER EACH CASE IS CONTINUING,   3,322        

EXCEPT THAT THE COMMISSION MAY ONLY MAKE A MODIFICATION, CHANGE,   3,323        

FINDING, OR AWARD IN THAT CLAIM WITH RESPECT TO MEDICAL BENEFITS   3,324        

                                                          78     

                                                                 
AND COMPENSATION UNDER SECTION 4123.56 OF THE REVISED CODE OR      3,325        

WAGES IN LIEU OF THAT COMPENSATION, SUBJECT TO THE LIMITATION      3,326        

DESCRIBED IN DIVISION (C)(3) OF THIS SECTION.                      3,327        

      (2)  THIS DIVISION APPLIES ONLY TO A CLAIM INVOLVING AN      3,329        

EMPLOYEE TO WHOM EITHER OF THE FOLLOWING APPLIES:                  3,330        

      (a)  THE EMPLOYEE HAS AN INTERNAL OR EXTERNAL PROSTHETIC     3,332        

DEVICE THAT WAS PROVIDED UNDER AN ALLOWED CLAIM UNDER THIS         3,333        

CHAPTER OR CHAPTERS 4121., 4127., OR 4131. OF THE REVISED CODE;    3,334        

      (b)  A DETERMINATION IS MADE THAT THE EMPLOYEE REQUIRES AN   3,336        

INTERNAL OR EXTERNAL PROSTHETIC DEVICE AS A DIRECT RESULT OF AN    3,337        

ALLOWED CONDITION IN A CLAIM UNDER THIS CHAPTER OR CHAPTERS        3,338        

4121., 4127., OR 4131. OF THE REVISED CODE, REGARDLESS OF WHEN     3,339        

THAT CLAIM WAS ALLOWED.                                                         

      (3)  COMPENSATION UNDER SECTION 4123.56 OF THE REVISED CODE  3,341        

OR WAGES IN LIEU OF THAT COMPENSATION ALLOWED UNDER THIS DIVISION  3,342        

SHALL BE FOR A PERIOD NOT TO EXCEED NINE MONTHS AFTER THE DATE OF  3,343        

THE MODIFICATION, CHANGE, FINDING, OR AWARD.                                    

      (D)  UNLESS WRITTEN NOTICE HAS BEEN GIVEN AS PROVIDED IN     3,346        

SECTION 4123.84 OR 4123.85 OF THE REVISED CODE, THE COMMISSION     3,348        

SHALL MAKE NO MODIFICATION, CHANGE, FINDING, OR AWARD THAT AWARDS  3,349        

COMPENSATION FOR A BACK PERIOD IN EXCESS OF TWO YEARS PRIOR TO                  

THE DATE OF FILING AN APPLICATION FOR THAT COMPENSATION.  This     3,350        

section does not affect the right of a claimant to compensation    3,352        

accruing subsequent to the filing of any such application,         3,353        

provided IF the application is filed within the time limit         3,354        

provided in this section.                                                       

      (E)  This section does not deprive the commission of its     3,356        

continuing jurisdiction to determine the questions raised by any   3,357        

application for modification of award which has been filed with    3,358        

the commission after June 1, 1932, and prior to the expiration of  3,359        

the applicable period but in respect to which no award has been    3,360        

granted or denied during the applicable period.                    3,361        

      (F)  The commission may, by general rules, MAY provide for   3,364        

the destruction of files of cases in which no further action may   3,365        

                                                          79     

                                                                 
be taken.                                                          3,366        

      The commission and administrator of workers' compensation    3,368        

each may, by general rules, MAY provide for the retention and      3,369        

destruction of all other records in their possession or under      3,370        

their control pursuant to section 121.211 and sections 149.34 to   3,371        

149.36 of the Revised Code.  The bureau of workers' compensation   3,372        

may purchase or rent required equipment for the document           3,373        

retention media, as determined necessary to preserve the records.  3,374        

Photographs, microphotographs, microfilm, films, or other direct   3,375        

document retention media, when properly identified, have the same  3,376        

effect as the original record and may be offered in like manner    3,377        

and may be received as evidence in any court where the original    3,378        

record could have been introduced.                                 3,379        

      (G)  AS USED IN DIVISION (A) OF THIS SECTION, "MEDICAL       3,381        

BENEFITS" MEANS PAYMENTS TO, OR ON BEHALF OF, AN EMPLOYEE FOR A    3,382        

HOSPITAL BILL, MEDICAL BILL FOR A LICENSED PHYSICIAN OR HOSPITAL,  3,383        

AN ORTHOPEDIC OR PROSTHETIC DEVICE, OR A PRESCRIPTION MEDICATION.  3,384        

      Sec. 4123.531.  THE ADMINISTRATOR OF WORKERS' COMPENSATION   3,386        

OR THE INDUSTRIAL COMMISSION MAY REQUIRE ANY EMPLOYEE CLAIMING     3,387        

THE RIGHT TO RECEIVE COMPENSATION TO SUBMIT TO A VOCATIONAL        3,388        

REHABILITATION EVALUATION.  IF THE PERSON WHO CONDUCTS THE         3,389        

EVALUATION RECOMMENDS A VOCATIONAL REHABILITATION PLAN FOR THE     3,390        

EMPLOYEE, THE EMPLOYEE SHALL COMPLY WITH THE REHABILITATION PLAN.  3,392        

      IF AN EMPLOYEE REFUSES TO SUBMIT TO ANY VOCATIONAL           3,394        

REHABILITATION EVALUATION SCHEDULED PURSUANT TO THIS SECTION OR    3,395        

OBSTRUCTS THE EVALUATION, THE EMPLOYEE'S RIGHT TO HAVE THE         3,396        

EMPLOYEE'S CLAIM FOR COMPENSATION CONSIDERED, IF THE CLAIM IS      3,397        

PENDING BEFORE THE BUREAU OR COMMISSION, OR TO RECEIVE ANY         3,398        

PAYMENT FOR COMPENSATION THAT HAS BEEN GRANTED, IS SUSPENDED       3,399        

DURING THE PERIOD OF THE REFUSAL OR OBSTRUCTION.                   3,400        

      Sec. 4123.54.  Every employee, who is injured or who         3,409        

contracts an occupational disease, and the dependents of each      3,410        

employee who is killed, or dies as the result of an occupational   3,411        

disease contracted in the course of employment, wherever such      3,412        

                                                          80     

                                                                 
injury has occurred or occupational disease has been contracted,   3,413        

provided the same were not:                                        3,414        

      (A)  Purposely self-inflicted; or                            3,416        

      (B)  Caused by the employee being intoxicated or under the   3,418        

influence of a controlled substance not prescribed by a physician  3,419        

where the intoxication or being under the influence of the         3,420        

controlled substance not prescribed by a physician was the         3,421        

proximate cause of the injury, is entitled to receive, either      3,422        

directly from his THE EMPLOYEE'S self-insuring employer as         3,423        

provided in section 4123.35 of the Revised Code, or from the       3,425        

state insurance fund, the compensation for loss sustained on       3,426        

account of the injury, occupational disease, or death, and the     3,427        

medical, nurse, and hospital services and medicines, and the       3,428        

amount of funeral expenses in case of death, as are provided by    3,429        

this chapter.                                                                   

      FOR THE PURPOSE OF THIS DIVISION, IF THE EMPLOYEE, THROUGH   3,431        

A CHEMICAL TEST OR A TEST OF THE EMPLOYEE'S BLOOD, BREATH, OR      3,433        

URINE ADMINISTERED WITHIN A REASONABLE TIME AFTER THE OCCURRENCE   3,434        

OF THE EMPLOYEE'S INJURY, IS DETERMINED TO HAVE AN ALCOHOL         3,436        

CONTENT EQUAL TO OR IN EXCESS OF THAT SPECIFIED IN SECTION                      

4511.19 OF THE REVISED CODE OR HAVE A CONTROLLED SUBSTANCE NOT     3,437        

PRESCRIBED BY THE EMPLOYEE'S PHYSICIAN FOR THE EMPLOYEE'S USE IN   3,438        

THE EMPLOYEE'S SYSTEM, IT IS A REBUTTABLE PRESUMPTION THAT THE     3,439        

EMPLOYEE WAS INTOXICATED OR UNDER THE INFLUENCE OF THE CONTROLLED  3,440        

SUBSTANCE AND THAT THAT INTOXICATION OR BEING UNDER THE INFLUENCE               

IS THE PROXIMATE CAUSE OF THE INJURY.  AN EMPLOYEE'S REFUSAL TO    3,442        

SUBMIT TO A CHEMICAL TEST OR A TEST OF THE EMPLOYEE'S BLOOD,       3,443        

BREATH, OR URINE IS ADMISSIBLE AS EVIDENCE OF THE EMPLOYEE'S       3,444        

INTOXICATION OR BEING UNDER THE INFLUENCE OF A CONTROLLED                       

SUBSTANCE NOT PRESCRIBED BY A PHYSICIAN AT ANY HEARING PURSUANT    3,445        

TO SECTION 4123.511 OF THE REVISED CODE TO DETERMINE THE           3,446        

ALLOWANCE OF THE EMPLOYEE'S CLAIM AND ON ANY APPEAL TO COURT       3,447        

PURSUANT TO SECTION 4123.512 OF THE REVISED CODE.                               

      IF AN INJURY DESCRIBED IN DIVISION (C)(4) OF SECTION         3,450        

                                                          81     

                                                                 
4123.01 OF THE REVISED CODE OCCURS, COMPENSATION AND MEDICAL       3,451        

BENEFITS ARE PAYABLE ONLY FOR THE IMPAIRMENT OR DISABILITY THAT    3,452        

RESULTS FROM THE SUBSTANTIAL WORSENING OF THE PREEXISTING          3,453        

CONDITION OR IMPAIRMENT OR THE SUBSTANTIAL ACCELERATION OF THE     3,454        

DISEASE PROCESS.  NO COMPENSATION OR BENEFITS ARE PAYABLE BECAUSE  3,455        

OF THE PREEXISTING CONDITION, IMPAIRMENT, OR DISEASE PROCESS ONCE  3,456        

THAT CONDITION, IMPAIRMENT, OR DISEASE PROCESS HAS RETURNED TO A   3,457        

LEVEL THAT WOULD HAVE EXISTED WITHOUT THE INJURY.                  3,458        

      Whenever, with respect to an employee of an employer who is  3,460        

subject to and has complied with this chapter, there is            3,461        

possibility of conflict with respect to the application of         3,462        

workers' compensation laws because the contract of employment is   3,463        

entered into and all or some portion of the work is or is to be    3,464        

performed in a state or states other than Ohio, the employer and   3,465        

the employee may agree to be bound by the laws of this state or    3,466        

by the laws of some other state in which all or some portion of    3,467        

the work of the employee is to be performed.  The agreement shall  3,468        

be in writing and shall be filed with the bureau of workers'       3,469        

compensation within ten days after it is executed and shall        3,470        

remain in force until terminated or modified by agreement of the   3,471        

parties similarly filed.  If the agreement is to be bound by the   3,472        

laws of this state and the employer has complied with this         3,473        

chapter, then the employee is entitled to compensation and         3,474        

benefits regardless of where the injury occurs or the disease is   3,475        

contracted and the rights of the employee and his THE EMPLOYEE'S   3,476        

dependents under the laws of this state are the exclusive remedy   3,478        

against the employer on account of injury, disease, or death in    3,479        

the course of and arising out of his THE EMPLOYEE'S employment.    3,480        

If the agreement is to be bound by the laws of another state and   3,482        

the employer has complied with the laws of that state, the rights  3,483        

of the employee and his THE EMPLOYEE'S dependents under the laws   3,485        

of that state are the exclusive remedy against the employer on     3,486        

account of injury, disease, or death in the course of and arising  3,487        

out of his THE EMPLOYEE'S employment without regard to the place   3,489        

                                                          82     

                                                                 
where the injury was sustained or the disease contracted.          3,490        

      If any employee or his THE EMPLOYEE'S dependents are         3,492        

awarded workers' compensation benefits or recover damages from     3,494        

the employer under the laws of another state, the amount awarded   3,495        

or recovered, whether paid or to be paid in future installments,   3,496        

shall be credited on the amount of any award of compensation or    3,497        

benefits made to the employee or his THE EMPLOYEE'S dependents by  3,498        

the bureau.                                                        3,499        

      If an employee is a resident of a state other than this      3,501        

state and is insured under the workers' compensation law or        3,502        

similar laws of a state other than this state, the employee and    3,503        

his THE EMPLOYEE'S dependents are not entitled to receive          3,504        

compensation or benefits under this chapter, on account of         3,506        

injury, disease, or death arising out of or in the course of       3,507        

employment while temporarily within this state and the rights of   3,508        

the employee and his THE EMPLOYEE'S dependents under the laws of   3,509        

the other state are the exclusive remedy against the employer on   3,511        

account of the injury, disease, or death.                          3,512        

      Compensation or benefits are not payable to a claimant       3,514        

during the period of confinement of the claimant in any state or   3,515        

federal correctional institution whether in this or any other      3,516        

state for conviction of violation of any state or federal          3,517        

criminal law.                                                                   

      Sec. 4123.541.  In the event that IF any person who is       3,526        

entitled to receive benefits for TEMPORARY total disability OR     3,528        

PERMANENT TOTAL IMPAIRMENT, loss of member, or death through the   3,530        

application of section 4123.033 of the Revised Code, receives, in  3,531        

connection with the injury giving rise to such entitlement,        3,532        

benefits under an act of congress or federal program providing     3,533        

benefits for civil defense workers and their survivors, the        3,534        

benefits payable hereunder, shall be reduced in proportion to the  3,535        

benefits received under such other act or program.                              

      Sec. 4123.55.  No compensation shall be allowed for the      3,544        

first week after an injury is received or occupational disease     3,545        

                                                          83     

                                                                 
contracted IS FIRST DIAGNOSED and no compensation shall be         3,548        

allowed for the first week of total disability OR IMPAIRMENT,                   

whenever it may occur, unless and until the employee is totally    3,550        

disable DISABLED OR IMPAIRED for a continuous period of two weeks  3,552        

or more, in which event compensation for the first week of total   3,553        

disability OR IMPAIRMENT, whenever it has occurred, shall be                    

paid, in addition to any other weekly benefits which are due,      3,555        

immediately following the second week of total disability OR       3,556        

IMPAIRMENT.  There shall be no waiting period in connection with   3,557        

the disbursements provided by section 4123.66 of the Revised       3,558        

Code.                                                                           

      Sec. 4123.56.  (A)  Except as provided in division (D)(E)    3,567        

of this section, in the case of temporary disability, an employee  3,568        

shall receive sixty-six and two-thirds per cent of his THE         3,569        

EMPLOYEE'S average weekly wage so long as such disability is       3,571        

total, not to exceed a maximum amount of weekly compensation       3,572        

which is equal to the statewide average weekly wage as defined in  3,573        

division (C) of section 4123.62 of the Revised Code, and not less  3,574        

than a minimum amount of compensation which is equal to            3,575        

thirty-three and one-third per cent of the statewide average       3,576        

weekly wage as defined in division (C) of section 4123.62 of the   3,577        

Revised Code unless the employee's wage is less than thirty-three  3,578        

and one-third per cent of the minimum statewide average weekly     3,579        

wage, in which event he THE EMPLOYEE shall receive compensation    3,580        

equal to his THE EMPLOYEE'S full wages; provided that for the      3,582        

first twelve weeks of total disability the employee shall receive  3,583        

seventy-two per cent of his THE EMPLOYEE'S full weekly wage, but   3,585        

not to exceed a maximum amount of weekly compensation which is     3,586        

equal to the lesser of the statewide average weekly wage as        3,587        

defined in division (C) of section 4123.62 of the Revised Code or  3,588        

one hundred per cent of the employee's net take home weekly wage.  3,589        

In the case of a self-insuring employer, payments                  3,590        

      AS USED IN THIS DIVISION, "NET TAKE HOME WEEKLY WAGE" MEANS  3,593        

THE AMOUNT OBTAINED BY DIVIDING AN EMPLOYEE'S TOTAL REMUNERATION,  3,594        

                                                          84     

                                                                 
AS DEFINED IN SECTION 4141.01 OF THE REVISED CODE, PAID TO OR      3,596        

EARNED BY THE EMPLOYEE DURING THE FIRST FOUR OF THE LAST FIVE      3,597        

COMPLETED CALENDAR QUARTERS WHICH IMMEDIATELY PRECEDE THE FIRST    3,598        

DAY OF THE EMPLOYEE'S ENTITLEMENT TO BENEFITS UNDER THIS           3,599        

DIVISION, BY THE NUMBER OF WEEKS DURING WHICH THE EMPLOYEE WAS     3,600        

PAID OR EARNED REMUNERATION DURING THOSE FOUR QUARTERS, LESS THE   3,601        

AMOUNT OF LOCAL, STATE, AND FEDERAL INCOME TAXES DEDUCTED FOR      3,602        

EACH SUCH WEEK.                                                    3,603        

      (B)(1)  IF THE PAYMENT OF COMPENSATION FOR TEMPORARY         3,606        

DISABILITY IS COMMENCED VOLUNTARILY BY A SELF-INSURING EMPLOYER,   3,607        

PAYMENTS OF COMPENSATION SHALL BE CONTINUED AT THE DISCRETION OF   3,609        

THE SELF-INSURING EMPLOYER.  WHEN A SELF-INSURING EMPLOYER MAKES   3,611        

ITS FIRST PAYMENT OF COMPENSATION TO AN EMPLOYEE UNDER THIS        3,612        

DIVISION, THE SELF-INSURING EMPLOYER SHALL NOTIFY THE EMPLOYEE,    3,613        

IN WRITING, OF ALL OF THE FOLLOWING:                               3,614        

      (a)  THAT THE SELF-INSURING EMPLOYER VOLUNTARILY HAS         3,616        

COMMENCED THE PAYMENTS;                                            3,617        

      (b)  THAT THE SELF-INSURING EMPLOYER MAY TERMINATE THE       3,619        

PAYMENTS AT ANY TIME;                                              3,620        

      (c)  THAT THE EMPLOYEE HAS A RIGHT TO A HEARING ON THE       3,622        

EMPLOYEE'S CLAIM;                                                  3,623        

      (d)  IF THE EMPLOYEE'S CLAIM THAT IS THE SUBJECT OF THE      3,625        

PAYMENTS COMMENCED UNDER THIS DIVISION IS DETERMINED TO BE VALID,  3,627        

THAT ANY COMPENSATION TO WHICH THE EMPLOYEE IS OR BECOMES                       

ENTITLED UNDER THIS SECTION FOR THAT CLAIM SHALL BE OFFSET BY THE  3,628        

PAYMENTS THE EMPLOYEE RECEIVES FROM THE SELF-INSURING EMPLOYER     3,629        

UNDER THIS DIVISION.                                               3,630        

      A SELF-INSURING EMPLOYER EITHER SHALL CERTIFY OR CONTEST     3,632        

THE CLAIM FOR WHICH IT VOLUNTARILY IS MAKING PAYMENTS UNDER THIS   3,633        

DIVISION WITHIN SEVENTY-FIVE DAYS AFTER THE SELF-INSURING          3,635        

EMPLOYER MAKES THE FIRST PAYMENT OF COMPENSATION TO AN EMPLOYEE    3,636        

UNDER THIS DIVISION.  A CLAIM IS DEEMED CONTESTED IF THE           3,637        

SELF-INSURING EMPLOYER FAILS EITHER TO CERTIFY OR CONTEST THE      3,638        

CLAIM WITHIN SEVENTY-FIVE DAYS AFTER MAKING THE FIRST PAYMENT OF   3,639        

                                                          85     

                                                                 
COMPENSATION UNDER THIS DIVISION TO AN EMPLOYEE.                                

      (2)  PAYMENT OF COMPENSATION FOR ALL CLAIMS FOR TEMPORARY    3,641        

DISABILITY OTHER THAN THOSE DESCRIBED IN DIVISION (B)(1) OF THIS   3,643        

SECTION, shall be for a duration based upon the medical reports    3,644        

of the attending physician.  If the employer disputes the          3,645        

attending physician's report, payments may be terminated only      3,646        

upon application and hearing by a district hearing officer         3,647        

pursuant to division (C) of section 4123.511 of the Revised Code.  3,648        

Payments shall continue pending the determination of the matter,   3,649        

however, payment shall not be made for the period when any         3,650        

employee has returned to work, when an employee's treating         3,651        

physician has made a written statement that the employee is        3,652        

capable of returning to his THE EMPLOYEE'S former position of      3,653        

employment, when work within the physical capabilities of the      3,655        

employee is made available by the employer or another employer,    3,656        

or when the employee has reached the maximum medical improvement.  3,657        

Where IF the employee is capable of work activity, but his THE     3,659        

EMPLOYEE'S employer is unable to offer him THE EMPLOYEE any        3,662        

employment, the employee shall register with the bureau of         3,664        

employment services, which shall assist the employee in finding    3,665        

suitable employment.  The                                                       

      (3)  THE termination of temporary total disability, whether  3,668        

by order or otherwise, does not preclude the commencement of       3,669        

temporary total disability at another point in time if the         3,670        

employee again becomes temporarily totally disabled.                            

      (4)  IF A DISTRICT HEARING OFFICER, STAFF HEARING OFFICER,   3,672        

OR THE INDUSTRIAL COMMISSION DETERMINES, BASED UPON THE EVIDENCE,  3,674        

THAT AN EMPLOYEE WAS NOT ENTITLED PURSUANT TO THIS CHAPTER OR      3,675        

CHAPTER 4121., 4127., OR 4131. OF THE REVISED CODE TO RECEIVE      3,676        

TEMPORARY TOTAL DISABILITY COMPENSATION PRIOR TO THE DATE OF THE   3,677        

HEARING IN WHICH THAT DETERMINATION IS MADE, THE HEARING OFFICER                

OR THE COMMISSION SHALL DECLARE AN OVERPAYMENT EFFECTIVE FROM THE  3,679        

DATE THE EMPLOYEE WAS NOT ENTITLED TO RECEIVE THAT COMPENSATION.   3,680        

IF THE EMPLOYER PAYS PREMIUMS TO THE STATE INSURANCE FUND, THE     3,681        

                                                          86     

                                                                 
AMOUNT OF THE OVERPAYMENT SHALL NOT BE CHARGED TO THE EMPLOYER'S   3,682        

EXPERIENCE.  IF THE EMPLOYER IS A SELF-INSURING EMPLOYER, THE      3,683        

SELF-INSURING EMPLOYER SHALL DEDUCT THE AMOUNT OF THE OVERPAYMENT  3,684        

FROM THE PAID COMPENSATION IT REPORTS TO THE ADMINISTRATOR UNDER   3,685        

DIVISION (K) OF SECTION 4123.35 OF THE REVISED CODE.  THE          3,686        

SELF-INSURING EMPLOYER OR THE BUREAU, AS APPROPRIATE, SHALL        3,687        

WITHHOLD THE AMOUNT OF THE OVERPAYMENT FROM ANY AMOUNT TO WHICH    3,688        

THE EMPLOYEE BECOMES ENTITLED UNDER ANY CLAIM PAST, PRESENT, OR    3,689        

FUTURE UNDER CHAPTER 4121., 4123., 4127., OR 4131. OF THE REVISED  3,690        

CODE PURSUANT TO DIVISION (J) OF SECTION 4123.511 OF THE REVISED   3,691        

CODE.                                                                           

      (5)  After two hundred weeks of temporary total disability   3,693        

benefits, the bureau medical section shall schedule the claimant   3,694        

EMPLOYEE for an examination for an evaluation to determine         3,695        

whether or not the temporary disability has become permanent.  A   3,697        

self-insuring employer shall notify the bureau of workers'         3,698        

compensation immediately after payment of two hundred weeks of     3,699        

temporary total disability and request that the bureau of          3,700        

workers' compensation schedule the claimant EMPLOYEE for such an   3,701        

examination.                                                                    

      (6)  When the employee is awarded compensation for           3,703        

temporary total disability for a period for which he THE EMPLOYEE  3,704        

has received benefits under Chapter 4141. of the Revised Code,     3,706        

the bureau of workers' compensation shall pay an amount equal to   3,707        

the amount received from the award to the bureau of employment     3,708        

services and the administrator OF THE BUREAU of employment         3,709        

services shall credit the amount to the accounts of the employers  3,711        

to whose accounts the payment of benefits was charged or is        3,712        

chargeable to the extent it was charged or is chargeable.          3,713        

      (7)  If any compensation under this section has been paid    3,715        

for the same period or periods for which temporary                 3,716        

nonoccupational accident and sickness insurance is or has been     3,717        

paid pursuant to an insurance policy or program to which the       3,718        

employer has made the entire contribution or payment for           3,719        

                                                          87     

                                                                 
providing insurance or under a nonoccupational accident and        3,720        

sickness program fully funded by the employer, compensation paid   3,721        

under this section for the period or periods shall be paid only    3,722        

to the extent by which the payment or payments exceeds the amount  3,723        

of the nonoccupational insurance or program paid or payable.       3,724        

Offset of the compensation shall be made only upon the prior       3,725        

order of the bureau of workers' compensation or industrial         3,726        

commission or agreement of the claimant.                           3,727        

      As used in this division, "net take home weekly wage" means  3,729        

the amount obtained by dividing an employee's total remuneration,  3,730        

as defined in section 4141.01 of the Revised Code, paid to or      3,731        

earned by the employee during the first four of the last five      3,732        

completed calendar quarters which immediately precede the first    3,733        

day of the employee's entitlement to benefits under this           3,734        

division, by the number of weeks during which the employee was     3,735        

paid or earned remuneration during those four quarters, less the   3,736        

amount of local, state, and federal income taxes deducted for      3,737        

each such week.                                                    3,738        

      (B)  Where (C)(1)  IF an employee in a claim allowed under   3,741        

this chapter suffers a wage loss as a DIRECT result of returning   3,742        

to employment other than his THE EMPLOYEE'S former position of     3,743        

employment or as a result of being unable to find employment       3,745        

consistent with DUE TO A LIMITATION IN the claimant's physical     3,747        

capabilities CAUSED SOLELY BY THE ALLOWED CONDITION OR CONDITIONS  3,748        

IN THE EMPLOYEE'S CLAIM, he THE EMPLOYEE shall receive             3,749        

compensation at sixty-six and two-thirds per cent of his THE       3,750        

DIFFERENCE BETWEEN THE EMPLOYEE'S AVERAGE weekly wage loss AT THE  3,751        

TIME OF THE INJURY OR DATE OF DISEASE AND THE EMPLOYEE'S PRESENT   3,752        

EARNINGS not to exceed the statewide average weekly wage for a     3,753        

period not to exceed two hundred weeks.  THE PAYMENTS MAY          3,754        

CONTINUE FOR UP TO A MAXIMUM OF TWO HUNDRED WEEKS, BUT THE         3,755        

PAYMENTS SHALL BE REDUCED BY THE CORRESPONDING NUMBER OF WEEKS IN  3,756        

WHICH THE EMPLOYEE RECEIVES PAYMENTS PURSUANT TO DIVISION (B) OF   3,757        

SECTION 4121.67 OF THE REVISED CODE.                                            

                                                          88     

                                                                 
      (2)  IF AN EMPLOYEE IN A CLAIM ALLOWED UNDER THIS CHAPTER    3,760        

SUFFERS A WAGE LOSS AS A DIRECT RESULT OF BEING UNABLE TO FIND     3,761        

EMPLOYMENT CONSISTENT WITH THE EMPLOYEE'S PHYSICAL CAPABILITIES    3,762        

RESULTING FROM THE EMPLOYEE'S INJURY OR OCCUPATIONAL DISEASE, THE               

EMPLOYEE SHALL RECEIVE COMPENSATION AT SIXTY-SIX AND TWO-THIRDS    3,765        

PER CENT OF THE DIFFERENCE BETWEEN THE EMPLOYEE'S AVERAGE WEEKLY   3,766        

WAGE AT THE TIME OF THE INJURY OR DATE OF DISEASE AND THE          3,768        

EMPLOYEE'S PRESENT EARNINGS, NOT TO EXCEED THE STATEWIDE AVERAGE   3,769        

WEEKLY WAGE.  THE PAYMENTS MAY CONTINUE FOR UP TO A MAXIMUM OF     3,770        

TWENTY-SIX WEEKS; HOWEVER, AN EMPLOYEE IN A CLAIM ALLOWED UNDER    3,771        

THIS CHAPTER MAY RECEIVE COMPENSATION UNDER DIVISION (C)(2) OF     3,773        

THIS SECTION FOR UP TO A MAXIMUM OF FIFTY-TWO WEEKS IF, AT ANY     3,774        

TIME DURING THE PERIOD IN WHICH THE EMPLOYEE IS RECEIVING          3,775        

COMPENSATION UNDER DIVISION (C)(2) OF THIS SECTION, THE BENEFIT    3,776        

PERIOD FOR UNEMPLOYMENT IS IN EXTENSION PURSUANT TO SECTION        3,777        

4141.301 OF THE REVISED CODE.  NEITHER THE FILING OF A REQUEST     3,778        

FOR NOR THE RECEIPT OF COMPENSATION PURSUANT TO DIVISION (C)(2)    3,780        

OF THIS SECTION SHALL AFFECT AN INJURED EMPLOYEE'S APPLICATION     3,781        

FOR COMPENSATION PROVIDED UNDER SECTION 4123.58 OF THE REVISED     3,783        

CODE.                                                                           

      (3)  THE NUMBER OF WEEKS OF WAGE LOSS PAYABLE TO AN          3,785        

EMPLOYEE UNDER DIVISIONS (C)(1) AND (2) OF THIS SECTION SHALL NOT  3,786        

EXCEED TWO HUNDRED WEEKS IN THE AGGREGATE.                         3,787        

      (4)  AS USED IN THIS DIVISION, "DATE OF DISEASE" MEANS THE   3,789        

DATE AN OCCUPATIONAL DISEASE IS FIRST DIAGNOSED BY A LICENSED      3,790        

PHYSICIAN, OR FOR AN OCCUPATIONAL DISEASE DESCRIBED IN DIVISIONS   3,791        

(A) THROUGH (AA) OF SECTION 4123.68 OF THE REVISED CODE, OR OTHER  3,795        

OCCUPATIONAL DISEASE THAT RESULTS FROM EXPOSURE TO                              

FIBROSIS-PRODUCING OR TOXIC DUSTS, FUMES, MISTS, VAPORS, GASES,    3,796        

OR LIQUIDS, OR OTHER TOXIC MATERIALS, OR A COMBINATION OF THOSE,   3,797        

THE DATE THAT THE EMPLOYEE FIRST MISSES WORK AS A RESULT OF THE    3,798        

OCCUPATIONAL DISEASE.                                                           

      (C)(D)  In the event an employee of a professional sports    3,800        

franchise domiciled in this state is disabled OR IMPAIRED as the   3,801        

                                                          89     

                                                                 
result of an injury or occupational disease, the total amount of   3,803        

payments made under a contract of hire or collective bargaining    3,804        

agreement to the employee during a period of disability OR         3,805        

IMPAIRMENT is deemed an advanced payment of compensation payable   3,807        

under sections 4123.56 to 4123.58 of the Revised Code.  The        3,808        

employer shall be reimbursed the total amount of the advanced      3,809        

payments out of any award of compensation made pursuant to         3,810        

sections 4123.56 to 4123.58 of the Revised Code.                                

      (D)(E)  If an employee receives temporary total disability   3,812        

benefits pursuant to division (A) of this section and social       3,813        

security retirement benefits pursuant to the "Social Security      3,814        

Act," the weekly benefit amount under division (A) of this         3,815        

section shall not exceed sixty-six and two-thirds per cent of the  3,816        

statewide average weekly wage as defined in division (C) of        3,817        

section 4123.62 of the Revised Code.                               3,818        

      (F)  THE COMMENCEMENT OF THE PAYMENT OF COMPENSATION UNDER   3,821        

DIVISION (B) OF THIS SECTION SHALL NOT CONSTITUTE A RECOGNITION    3,823        

BY A SELF-INSURING EMPLOYER OF A CLAIM OR OF A CONDITION IN THE    3,824        

CLAIM AS COMPENSABLE, BUT SHALL DO NO MORE THAN SATISFY THE        3,825        

REQUIREMENTS OF SECTION 4123.84 OF THE REVISED CODE.               3,827        

      Sec. 4123.57.  Partial disability compensation shall be      3,837        

paid as follows.                                                                

      (A)(1)  Except as provided in DIVISION (A)(2) OF this        3,839        

section, not earlier than forty weeks after the date of            3,841        

termination of the latest period of payments under section         3,842        

4123.56 of the Revised Code, or not earlier than forty weeks       3,843        

after the date of the injury or contraction THE DATE OF FIRST      3,844        

DIAGNOSIS of an occupational disease BY A LICENSED PHYSICIAN in    3,845        

the absence of payments under section 4123.56 of the Revised       3,846        

Code, the AN employee may file an application with the bureau of   3,847        

workers' compensation for the determination of the percentage of   3,849        

his THE EMPLOYEE'S permanent partial disability IMPAIRMENT         3,851        

resulting from the AN injury or occupational disease.              3,852        

      (2)  AN EMPLOYEE MAY FILE THE APPLICATION SPECIFIED IN       3,855        

                                                          90     

                                                                 
DIVISION (A)(1) OF THIS SECTION WITHOUT WAITING FORTY WEEKS WHEN   3,857        

EITHER OF THE FOLLOWING OCCURS:                                                 

      (a)  THE RECEIPT OF PAYMENTS UNDER DIVISION (A) OF SECTION   3,860        

4123.56 OF THE REVISED CODE IS TERMINATED BY A HEARING OFFICER     3,862        

BECAUSE THE EMPLOYEE HAS REACHED MAXIMUM MEDICAL IMPROVEMENT.      3,864        

      (b)  THE RECEIPT OF BENEFITS UNDER DIVISION (A) OF SECTION   3,867        

4123.56 OF THE REVISED CODE IS TERMINATED BECAUSE THE EMPLOYEE'S   3,868        

ATTENDING PHYSICIAN CERTIFIES THAT THE EMPLOYEE HAS REACHED        3,869        

MAXIMUM MEDICAL IMPROVEMENT.                                                    

      (3)  Whenever the AN application is filed UNDER DIVISION     3,872        

(A)(1) OR (2) OF THIS SECTION, the bureau shall send a copy of     3,873        

the application to the employee's employer or the employer's       3,874        

representative and shall schedule the employee for a medical       3,875        

examination by the bureau medical section.  The bureau shall send  3,876        

a copy of the report of the medical examination to the employee,   3,877        

the employer, and their representatives.  Thereafter, the          3,878        

administrator of workers' compensation shall review the                         

employee's claim file and make a tentative order as the evidence   3,879        

before him at the time of the making of the order warrants.  If    3,880        

the administrator determines that there is a conflict of           3,881        

evidence, he shall send the application, along with the            3,882        

claimant's file, to the district hearing officer who shall set     3,883        

the application for a hearing THE REPORT OF THE MEDICAL            3,884        

EXAMINATION SHALL CONTAIN A STATEMENT OF THE EXAMINER'S FINDING    3,886        

ON THE EMPLOYEE'S PERCENTAGE OF PERMANENT PARTIAL IMPAIRMENT       3,887        

RESULTING FROM ALLOWED CONDITIONS IN THE CLAIM UNDER THE MOST      3,888        

RECENT EDITION OF THE AMERICAN MEDICAL ASSOCIATION'S GUIDES TO     3,890        

THE EVALUATION OF PERMANENT IMPAIRMENT.  AFTER RECEIVING THE       3,891        

REPORT OF THE MEDICAL EXAMINATION, THE ADMINISTRATOR OF WORKERS'   3,892        

COMPENSATION SHALL MAKE A TENTATIVE ORDER FINDING THAT THE         3,893        

EMPLOYEE'S PERCENTAGE OF PERMANENT PARTIAL IMPAIRMENT IS THE SAME  3,894        

PERCENTAGE SHOWN BY THE REPORT OF THE MEDICAL EXAMINATION, UNLESS  3,895        

THE ADMINISTRATOR DETERMINES THAT THE REPORT CLEARLY IS            3,896        

ERRONEOUS.  IF THE ADMINISTRATOR DETERMINES THAT THE REPORT        3,897        

                                                          91     

                                                                 
CLEARLY IS ERRONEOUS, THE ADMINISTRATOR SHALL DISREGARD THE        3,898        

REPORT, SCHEDULE THE EMPLOYEE FOR ANOTHER EXAMINATION BY THE       3,899        

BUREAU MEDICAL SECTION, AND ISSUE A TENTATIVE ORDER THAT FINDS     3,900        

THAT THE EMPLOYEE'S PERCENTAGE OF PERMANENT PARTIAL IMPAIRMENT IS  3,901        

THE SAME PERCENTAGE SHOWN BY THE SECOND MEDICAL EXAMINATION        3,902        

REPORT.                                                            3,903        

      (4)  The administrator shall notify the employee, the        3,905        

employer, and their representatives, in writing, of the tentative  3,906        

order and of the parties' right to request a hearing.  Unless the  3,907        

employee, the employer, or their representative notifies the       3,908        

administrator, in writing, of an objection to the tentative order  3,909        

within twenty days after receipt of the notice thereof, the        3,910        

tentative order shall go into effect and the employee shall        3,911        

receive the compensation provided in the order.  In no event       3,912        

shall there be a reconsideration of a tentative order issued       3,913        

under this division WITHIN FOURTEEN DAYS AFTER RECEIPT OF THE      3,914        

TENTATIVE ORDER, THE EMPLOYEE, THE EMPLOYER, OR THEIR              3,915        

REPRESENTATIVES, MAY FILE WITH THE BUREAU AN OBJECTION TO THE      3,917        

TENTATIVE ORDER.  THE OPPOSING PARTY MUST BE SERVED BY THE FILING  3,919        

PARTY WITH A COPY OF THE OBJECTION TO THE TENTATIVE ORDER NOT                   

LATER THAN THE DAY OF FILING.  PROPER MAILING OF THE OBJECTION TO  3,921        

THE TENTATIVE ORDER TO THE OPPOSING PARTY CONSTITUTES SERVICE.     3,922        

IF AN OBJECTION TO THE TENTATIVE ORDER IS NOT FILED BY A PARTY BY  3,923        

THE DEADLINE ESTABLISHED BY DIVISION (A)(4) OF THIS SECTION, THE   3,924        

ORDER BECOMES FINAL.                                               3,925        

      (5)  If the employee, the employer, or their                 3,927        

representatives timely notify the administrator of an objection    3,928        

to the tentative order, EITHER PARTY, WITHIN FOURTEEN DAYS AFTER   3,931        

THE DATE OF FILING OR OF RECEIPT OF AN OBJECTION, WHICHEVER IS                  

LATER, MAY REQUEST ANOTHER EXAMINATION BY THE BUREAU MEDICAL       3,933        

SECTION.  THE PARTY REQUESTING THAT EXAMINATION SHALL PAY THE      3,934        

COST OF THAT EXAMINATION.  UPON THAT REQUEST, THE BUREAU SHALL     3,935        

SCHEDULE THE EMPLOYEE FOR ANOTHER MEDICAL EXAMINATION BY THE       3,937        

BUREAU MEDICAL SECTION.  ALL PROVISIONS OF DIVISION (A)(3) OF      3,938        

                                                          92     

                                                                 
THIS SECTION APPLICABLE TO THE FIRST MEDICAL EXAMINATION APPLY TO  3,939        

A SUBSEQUENT MEDICAL EXAMINATION REQUESTED PURSUANT TO DIVISION    3,940        

(A)(5) OF THIS SECTION.  THE BUREAU SHALL SEND A COPY OF THE       3,941        

REPORT OF THE MEDICAL EXAMINATION TO THE EMPLOYEE, THE EMPLOYER,   3,942        

AND THEIR REPRESENTATIVES.                                                      

      UPON THE FILING OF AN OBJECTION TO THE TENTATIVE ORDER OR    3,944        

UPON THE COMPLETION OF THE MEDICAL EXAMINATION REQUESTED PURSUANT  3,945        

TO DIVISION (A)(5) OF THIS SECTION, WHICHEVER IS LATER, the        3,948        

matter shall be referred to a district hearing officer who shall   3,949        

set the application for hearing with written notices to all        3,950        

interested persons.  Upon referral to a district hearing officer,  3,951        

the employer may obtain a medical examination of the employee,     3,952        

pursuant to rules of the industrial commission AT THE HEARING,     3,953        

THE DISTRICT HEARING OFFICER FIRST SHALL MAKE A FINDING AS TO                   

WHETHER ANY OF THE FOLLOWING HAS OCCURRED:                         3,955        

      (a)  THE BUREAU MEDICAL SECTION BASED ITS REPORT, AT LEAST   3,958        

IN PART, ON CONDITIONS NOT ALLOWED IN THE CLAIM;                                

      (b)  THE BUREAU MEDICAL SECTION FAILED TO CONSIDER ALL OF    3,961        

THE ALLOWED CONDITIONS IN THE CLAIM;                                            

      (c)  THE BUREAU MEDICAL SECTION'S EXAMINER WAS PREJUDICED    3,964        

AGAINST THE EMPLOYER OR THE EMPLOYEE;                                           

      (d)  THE TENTATIVE ORDER PROVIDES FOR THE PAYMENT OF         3,966        

COMPENSATION UNDER A CIRCUMSTANCE IN WHICH THAT COMPENSATION IS    3,967        

BARRED BY THIS SECTION OR ANY OTHER PROVISION OF LAW.              3,968        

      (A)  The district hearing officer, upon the application,     3,971        

shall determine the percentage of the employee's permanent                      

disability, except as is subject to division (B) of this section,  3,972        

based upon that condition of the employee resulting from the       3,973        

injury or occupational disease and causing permanent impairment    3,974        

evidenced by medical or clinical findings reasonably               3,975        

demonstrable.  The employee shall receive sixty-six and            3,976        

two-thirds per cent of his average weekly wage, but not more than  3,977        

a maximum of thirty-three and one-third per cent of the statewide  3,978        

average weekly wage as defined in division (C) of section 4123.62  3,979        

                                                          93     

                                                                 
of the Revised Code, per week regardless of the average weekly     3,980        

wage, for the number of weeks which equals the percentage of two   3,981        

hundred weeks.  Except on application for reconsideration,         3,982        

review, or modification, which is filed within ten days after the  3,983        

date of receipt of the decision of the district hearing officer,   3,984        

in no instance shall the former award be modified unless it is     3,985        

found from medical or clinical findings that the condition of the  3,986        

claimant resulting from the injury has so progressed as to have    3,987        

increased the percentage of permanent partial disability.  A       3,988        

staff hearing officer shall hear an application for                3,989        

reconsideration filed and his decision is final.  An  IF THE       3,990        

DISTRICT HEARING OFFICER FINDS ONE OF THE SITUATIONS DESCRIBED IN  3,992        

DIVISION (A)(5)(a), (b), OR (c) OF THIS SECTION, THE DISTRICT      3,993        

HEARING OFFICER SHALL ISSUE AN ORDER REJECTING THE REPORT OF THE   3,994        

MEDICAL EXAMINATION AND REQUIRING THE BUREAU MEDICAL SECTION TO    3,995        

PERFORM A NEW MEDICAL EXAMINATION.  ALL PROVISIONS OF THIS         3,996        

DIVISION APPLICABLE TO THE FIRST MEDICAL EXAMINATION AND THE       3,998        

DETERMINATION OF THE PERCENTAGE OF PERMANENT PARTIAL IMPAIRMENT                 

APPLY TO ANY SUBSEQUENT MEDICAL EXAMINATION THAT IS ORDERED UNDER  3,999        

THIS DIVISION.  IF THE DISTRICT HEARING OFFICER FINDS THE          4,001        

SITUATION DESCRIBED IN DIVISION (A)(5)(d) OF THIS SECTION, THE     4,003        

DISTRICT HEARING OFFICER SHALL ISSUE AN ORDER DENYING THE          4,004        

APPLICATION.  IF THE DISTRICT HEARING OFFICER FINDS NONE OF THE    4,005        

SITUATIONS DESCRIBED IN DIVISION (A)(5)(A), (B), (C), OR (D) OF    4,008        

THIS SECTION, THE DISTRICT HEARING OFFICER SHALL ISSUE AN ORDER    4,009        

FINDING THAT THE EMPLOYEE'S PERCENTAGE OF PERMANENT PARTIAL        4,010        

IMPAIRMENT IS THE SAME PERCENTAGE SHOWN BY EITHER THE FIRST OR     4,011        

ANY SUBSEQUENT BUREAU MEDICAL EXAMINATION REPORT.                  4,012        

      (6)  AN employee may file an application for a subsequent    4,015        

determination of the percentage of his THE EMPLOYEE'S permanent    4,016        

disability IMPAIRMENT.  NO APPLICATION FOR SUBSEQUENT PERCENTAGE   4,018        

DETERMINATIONS ON THE SAME CLAIM FOR INJURY OR OCCUPATIONAL                     

DISEASE SHALL BE ACCEPTED UNLESS SUPPORTED BY SUBSTANTIAL          4,019        

EVIDENCE OF NEW AND CHANGED CIRCUMSTANCES DEVELOPING SINCE THE     4,020        

                                                          94     

                                                                 
TIME OF THE LAST DETERMINATION.  If such an application is filed   4,022        

UNDER DIVISION (A)(6) OF THIS SECTION, the bureau shall send a     4,023        

copy of the application to the employer or the employer's          4,024        

representative.  No sooner than sixty days from the date of the    4,025        

mailing of the application to the employer or the employer's       4,026        

representative, the administrator shall review the application.    4,027        

The administrator may require a medical examination or medical     4,028        

review of the employee.  The administrator shall issue a           4,029        

tentative order based upon the evidence before him, provided that  4,030        

if he requires a medical examination or medical review, the        4,031        

administrator shall not issue the tentative order until the        4,032        

completion of the examination or review.                           4,033        

      The employer may obtain a medical examination of the         4,035        

employee and may submit medical evidence at any stage of the       4,036        

process up to a hearing before the district hearing officer,       4,037        

pursuant to rules of the commission.  The administrator shall      4,038        

notify the employee, the employer, and their representatives, in   4,039        

writing, of the nature and amount of any tentative order issued    4,040        

on an application requesting a subsequent determination of the     4,041        

percentage of an employee's permanent disability.  An employee,    4,042        

employer, or their representatives may object to the tentative     4,043        

order within twenty days after the receipt of the notice thereof.  4,044        

If no timely objection is made, the tentative order shall go into  4,045        

effect.  In no event shall there be a reconsideration of a         4,046        

tentative order issued under this division.  If an objection is    4,047        

timely made, the application for a subsequent determination shall  4,048        

be referred to a district hearing officer who shall set the        4,049        

application for a hearing with written notice to all interested    4,050        

persons.  No application for subsequent percentage determinations  4,051        

on the same claim for injury or occupational disease shall be      4,052        

accepted for review by the district hearing officer unless         4,053        

supported by substantial evidence of new and changed               4,054        

circumstances developing since the time of the hearing on the      4,055        

original or last determination.                                    4,056        

                                                          95     

                                                                 
      No award shall be made under this division based upon a      4,059        

percentage of disability which, when taken with all other          4,061        

percentages of permanent disability, exceeds one hundred per       4,063        

cent.  If the percentage of the permanent disability of the        4,064        

employee equals or exceeds ninety per cent, compensation for                    

permanent partial disability shall be paid for two hundred weeks.  4,067        

TREAT THE APPLICATION AS THOUGH IT WAS AN ORIGINAL APPLICATION     4,068        

FOR THE DETERMINATION OF THE PERCENTAGE OF PERMANENT PARTIAL       4,069        

IMPAIRMENT.  IN NO INSTANCE SHALL THE FORMER AWARD BE MODIFIED     4,070        

UNLESS IT IS FOUND FROM MEDICAL OR CLINICAL FINDINGS THAT THE                   

CONDITION OF THE EMPLOYEE RESULTING FROM THE INJURY OR             4,071        

OCCUPATIONAL DISEASE HAS SO PROGRESSED AS TO HAVE INCREASED THE    4,073        

PERCENTAGE OF PERMANENT PARTIAL IMPAIRMENT.  ALL PROVISIONS OF     4,074        

THIS DIVISION APPLICABLE TO AN ORIGINAL APPLICATION APPLY TO AN    4,075        

APPLICATION FOR SUBSEQUENT DETERMINATION.  THE DECISION OF A       4,077        

DISTRICT HEARING OFFICER ON AN EMPLOYEE'S APPLICATION FILED UNDER               

DIVISION (A)(1), (2), AND (6) OF THIS SECTION IS FINAL.            4,080        

      (7)  Compensation payable under this division (A) OF THIS    4,083        

SECTION accrues and is payable to the employee from the date of    4,085        

last payment of compensation, or, in cases where no previous       4,086        

compensation has been paid, from the date of the injury or the     4,087        

date of the FIRST diagnosis of the occupational disease BY A       4,088        

LICENSED PHYSICIAN.  THE EMPLOYEE SHALL RECEIVE SIXTY-SIX AND      4,089        

TWO-THIRDS PER CENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE, BUT     4,090        

NOT MORE THAN A MAXIMUM OF THIRTY-THREE AND ONE-THIRD PER CENT OF  4,091        

THE STATEWIDE AVERAGE WEEKLY WAGE AS DEFINED IN DIVISION (C) OF    4,093        

SECTION 4123.62 OF THE REVISED CODE, PER WEEK REGARDLESS OF THE    4,094        

AVERAGE WEEKLY WAGE FOR THE NUMBER OF WEEKS THAT EQUALS THE        4,095        

PERCENTAGE OF TWO HUNDRED WEEKS.  IF THE PERCENTAGE OF THE         4,097        

PERMANENT IMPAIRMENT OF THE EMPLOYEE EQUALS OR EXCEEDS NINETY PER  4,098        

CENT, COMPENSATION FOR PERMANENT PARTIAL IMPAIRMENT SHALL BE PAID  4,099        

FOR TWO HUNDRED WEEKS.  NO AWARD SHALL BE MADE UNDER DIVISION (A)  4,100        

OF THIS SECTION BASED UPON A PERCENTAGE OF IMPAIRMENT THAT, WHEN   4,101        

TAKEN WITH ALL OTHER PERCENTAGES OF PERMANENT IMPAIRMENT, EXCEEDS  4,102        

                                                          96     

                                                                 
ONE HUNDRED PER CENT.  NOTWITHSTANDING DIVISION (H) OF SECTION     4,103        

4123.511 OF THE REVISED CODE, THE BUREAU OR A SELF-INSURING        4,105        

EMPLOYER SHALL PAY A PERMANENT PARTIAL IMPAIRMENT AWARD WITHIN     4,106        

TWENTY-ONE DAYS AFTER THE DATE ON WHICH AN ORDER FIXING THE        4,108        

EMPLOYEE'S PERCENTAGE OF PERMANENT PARTIAL IMPAIRMENT BECOMES      4,109        

FINAL.                                                                          

      (8)  When an award under this division (A) OF THIS SECTION   4,112        

has been made prior to the death of an employee, all unpaid        4,114        

installments accrued or to accrue under the provisions of the      4,115        

award are payable to the surviving spouse, or if there is no       4,116        

surviving spouse, to the dependent children of the employee, and   4,117        

if there are no children surviving, then to other dependents as    4,118        

the administrator determines.                                      4,119        

      (B)  In cases included in the following schedule the         4,121        

compensation payable per week to the employee is the statewide     4,122        

average weekly wage as defined in division (C) of section 4123.62  4,123        

of the Revised Code per week and shall continue during the         4,124        

periods provided in the following schedule:                        4,125        

      For the loss of a thumb, sixty weeks.                        4,127        

      For the loss of a first finger, commonly called index        4,129        

finger, thirty-five weeks.                                         4,130        

      For the loss of a second finger, thirty weeks.               4,132        

      For the loss of a third finger, twenty weeks.                4,134        

      For the loss of a fourth finger, commonly known as the       4,136        

little finger, fifteen weeks.                                      4,137        

      The loss of a second, or distal, phalange of the thumb is    4,139        

considered equal to the loss of one half of such thumb; the loss   4,140        

of more than one half of such thumb is considered equal to the     4,141        

loss of the whole thumb.                                           4,142        

      The loss of the third, or distal, phalange of any finger is  4,144        

considered equal to the loss of one-third of the finger.           4,145        

      The loss of the middle, or second, phalange of any finger    4,147        

is considered equal to the loss of two-thirds of the finger.       4,148        

      The loss of more than the middle and distal phalanges of     4,150        

                                                          97     

                                                                 
any finger is considered equal to the loss of the whole finger.    4,151        

In no case shall the amount received for more than one finger      4,152        

exceed the amount provided in this schedule for the loss of a      4,153        

hand.                                                              4,154        

      For the loss of the metacarpal bone (bones of the palm) for  4,156        

the corresponding thumb, or fingers, add ten weeks to the number   4,157        

of weeks under this division.                                      4,158        

      For ankylosis (total stiffness of) or contractures (due to   4,160        

scars or injuries) which makes any of the fingers, thumbs, or      4,161        

parts of either useless, the same number of weeks apply to the     4,162        

members or parts thereof as given for the loss thereof.            4,163        

      If the claimant has suffered the loss of two or more         4,165        

fingers by amputation or ankylosis and the nature of his THE       4,166        

CLAIMANT'S employment in the course of which the claimant was      4,168        

working at the time of the injury or occupational disease is such  4,169        

that the handicap or disability IMPAIRMENT resulting from the      4,170        

loss of fingers, or loss of use of fingers, exceeds the normal     4,172        

handicap or disability IMPAIRMENT resulting from the loss of       4,174        

fingers, or loss of use of fingers, the administrator may take     4,175        

that fact into consideration and increase the award of             4,176        

compensation accordingly, but the award made shall not exceed the  4,177        

amount of compensation for loss of a hand.                         4,178        

      For the loss of a hand, one hundred seventy-five weeks.      4,180        

      For the loss of an arm, two hundred twenty-five weeks.       4,182        

      For the loss of a great toe, thirty weeks.                   4,184        

      For the loss of one of the toes other than the great toe,    4,186        

ten weeks.                                                         4,187        

      The loss of more than two-thirds of any toe is considered    4,189        

equal to the loss of the whole toe.                                4,190        

      The loss of less than two-thirds of any toe is considered    4,192        

no loss, except as to the great toe; the loss of the great toe up  4,193        

to the interphalangeal joint is co-equal to the loss of one-half   4,194        

of the great toe; the loss of the great toe beyond the             4,195        

interphalangeal joint is considered equal to the loss of the       4,196        

                                                          98     

                                                                 
whole great toe.                                                   4,197        

      For the loss of a foot, one hundred fifty weeks.             4,199        

      For the loss of a leg, two hundred weeks.                    4,201        

      For the loss of the sight of an eye, one hundred             4,203        

twenty-five weeks.                                                 4,204        

      For the permanent partial loss of sight of an eye, the       4,206        

portion of one hundred twenty-five weeks as the administrator in   4,207        

each case determines, based upon the percentage of vision          4,208        

actually lost as a result of the injury or occupational disease,   4,209        

but, in no case shall an award of compensation be made for less    4,210        

than twenty-five per cent loss of uncorrected vision.  "Loss of    4,211        

uncorrected vision" means the percentage of vision actually lost   4,212        

as the result of the injury or occupational disease.               4,213        

      For the permanent and total loss of hearing of one ear,      4,215        

twenty-five weeks; but in no case shall an award of compensation   4,216        

be made for less than permanent and total loss of hearing of one   4,217        

ear.                                                               4,218        

      For the permanent and total loss of hearing, one hundred     4,220        

twenty-five weeks; but, except pursuant to the next preceding      4,221        

paragraph, in no case shall an award of compensation be made for   4,222        

less than permanent and total loss of hearing.                     4,223        

      In case an injury or occupational disease results in         4,225        

serious facial or head disfigurement which either impairs or may   4,226        

in the future impair the opportunities to secure or retain         4,227        

employment, the administrator shall make an award of compensation  4,228        

as it THE ADMINISTRATOR deems proper and equitable, in view of     4,229        

the nature of the disfigurement, and not to exceed the sum of      4,231        

five thousand dollars.  For the purpose of making the award, it    4,232        

is not material whether the employee is gainfully employed in any  4,233        

occupation or trade at the time of the administrator's             4,234        

determination.                                                                  

      When an award under this division has been made prior to     4,236        

the death of an employee all unpaid installments accrued or to     4,237        

accrue under the provisions of the award shall be payable to the   4,238        

                                                          99     

                                                                 
surviving spouse, or if there is no surviving spouse, to the       4,239        

dependent children of the employee and if there are no such        4,240        

children, then to such dependents as the administrator             4,241        

determines.                                                        4,242        

      When an employee has sustained the loss of a member by       4,244        

severance, but no award has been made on account thereof prior to  4,245        

his THE EMPLOYEE'S death, the administrator shall make an award    4,246        

in accordance with this division for the loss which shall be       4,248        

payable to the surviving spouse, or if there is no surviving       4,249        

spouse, to the dependent children of the employee and if there     4,250        

are no such children, then to such dependents as the               4,251        

administrator determines.                                          4,252        

      (C)  Compensation for partial disability IMPAIRMENT under    4,254        

divisions (A) and (B) of this section is in addition to the        4,256        

compensation paid the employee pursuant to section 4123.56 of the  4,257        

Revised Code.  A claimant may receive compensation under           4,258        

divisions (A) and (B) of this section.  NO EMPLOYEE MAY RECEIVE    4,259        

COMPENSATION UNDER DIVISION (A) OF THIS SECTION OR RECEIVE A       4,261        

MEDICAL EXAMINATION PROVIDED FOR BY THIS SECTION DURING THE TIME   4,262        

IN WHICH THAT EMPLOYEE IS RECEIVING COMPENSATION UNDER SECTION                  

4123.58 OF THE REVISED CODE IN ANY CLAIM OR IS RECEIVING           4,265        

COMPENSATION UNDER SECTION 4123.56 OF THE REVISED CODE ON THE      4,267        

SAME CLAIM IN WHICH THE EMPLOYEE IS SEEKING COMPENSATION UNDER     4,268        

THIS SECTION.  THE EMPLOYEE SHALL LIST ON THE APPLICATION          4,269        

SPECIFIED IN DIVISIONS (A)(1) AND (2) OF THIS SECTION THE CLAIM    4,270        

NUMBERS OF ALL OTHER CLAIMS FOR WHICH THE EMPLOYEE IS A CLAIMANT.  4,271        

      In all cases arising under division (B) of this section, if  4,273        

it is determined by any one of the following:  (1) the amputee     4,274        

clinic at University hospital, Ohio state university; (2) the      4,275        

rehabilitation services commission; (3) an amputee clinic or       4,276        

prescribing physician approved by the administrator or his THE     4,277        

ADMINISTRATOR'S designee, that an injured or disabled IMPAIRED     4,279        

employee is in need of an artificial appliance, or in need of a    4,281        

repair thereof, regardless of whether the appliance or its repair  4,282        

                                                          100    

                                                                 
will be serviceable in the vocational rehabilitation of the        4,283        

injured employee, and regardless of whether the employee has       4,284        

returned to or can ever again return to any gainful employment,    4,285        

the bureau shall pay the cost of the artificial appliance or its   4,286        

repair out of the surplus created by division (B) of section       4,287        

4123.34 of the Revised Code.                                                    

      In those cases where a rehabilitation services commission    4,289        

recommendation that an injured or disabled IMPAIRED employee is    4,290        

in need of an artificial appliance would conflict with their       4,292        

state plan, adopted pursuant to the "Rehabilitation Act of 1973,"  4,293        

87 Stat. 355, 29 U.S.C.A. 701, the administrator or his THE        4,294        

ADMINISTRATOR'S designee or the bureau may obtain a                4,296        

recommendation from an amputee clinic or prescribing physician     4,297        

that they determine appropriate.                                                

      (D)  If an employee of a state fund employer makes           4,299        

application for a finding and the administrator finds that he has  4,301        

IS FOUND TO HAVE contracted silicosis as defined in division (X),  4,302        

or coal miners' pneumoconiosis as defined in division (Y), or      4,303        

asbestosis as defined in division (AA) of section 4123.68 of the   4,304        

Revised Code, and IT IS FOUND that a change of such employee's     4,305        

occupation is medically advisable in order to decrease             4,307        

substantially further exposure to silica dust, asbestos, or coal   4,308        

dust and if the employee, after the finding, has changed or shall  4,309        

change his THE EMPLOYEE'S occupation to an occupation in which     4,311        

the exposure to silica dust, asbestos, or coal dust is             4,312        

substantially decreased, the administrator shall allow to the      4,313        

employee SHALL RECEIVE an amount equal to fifty per cent of the    4,314        

statewide average weekly wage per week for a period of thirty      4,315        

weeks, commencing as of the date of the discontinuance or change,  4,316        

and for a period of one hundred weeks immediately following the    4,317        

expiration of the period of thirty weeks the administrator shall   4,318        

allow, the employee SHALL RECEIVE sixty-six and two-thirds per     4,320        

cent of the loss of wages resulting directly and solely from the   4,321        

change of occupation but not to exceed a maximum of an amount      4,322        

                                                          101    

                                                                 
equal to fifty per cent of the statewide average weekly wage per   4,323        

week.  No such employee is entitled to receive more than one       4,324        

allowance on account of discontinuance of employment or change of  4,325        

occupation and benefits shall cease for any period during which    4,326        

the employee is employed in an occupation in which the exposure    4,327        

to silica dust, asbestos, or coal dust is not substantially less   4,328        

than the exposure in the occupation in which he THE EMPLOYEE was   4,329        

formerly employed or for any period during which the employee may  4,331        

be entitled to receive compensation or benefits under section      4,332        

4123.68 of the Revised Code on account of disability from          4,333        

silicosis, asbestosis, or coal miners' pneumoconiosis.  An award   4,334        

for change of occupation for a coal miner who has contracted coal  4,335        

miners' pneumoconiosis may be granted under this division even     4,336        

though he THE COAL MINER continues his employment with the same    4,338        

employer, so long as his THE COAL MINER'S employment subsequent    4,340        

to the change is such that his THE COAL MINER'S exposure to coal   4,342        

dust is substantially decreased and a change of occupation is      4,343        

certified by the claimant as permanent.  The administrator may                  

accord to the employee medical MEDICAL and other benefits SHALL    4,344        

BE PAID TO THE EMPLOYEE in accordance with section 4123.66 of the  4,346        

Revised Code.                                                                   

      (E)  If a fire fighter FIREFIGHTER or police officer makes   4,348        

application for a finding and the administrator finds that he THE  4,350        

FIREFIGHTER OR POLICE OFFICER has contracted a cardiovascular and  4,352        

pulmonary disease as defined in division (W) of section 4123.68    4,353        

of the Revised Code, and that a change of the fire fighter's       4,354        

FIREFIGHTER'S or police officer's occupation is medically          4,355        

advisable in order to decrease substantially further exposure to   4,356        

smoke, toxic gases, chemical fumes, and other toxic vapors, and    4,357        

if the fire fighter FIREFIGHTER, or police officer, after the      4,358        

finding, has changed or changes his occupation to an occupation    4,360        

in which the exposure to smoke, toxic gases, chemical fumes, and   4,361        

other toxic vapors is substantially decreased, the administrator   4,362        

shall allow to the fire fighter FIREFIGHTER or police officer an   4,363        

                                                          102    

                                                                 
amount equal to fifty per cent of the statewide average weekly     4,365        

wage per week for a period of thirty weeks, commencing as of the   4,366        

date of the discontinuance or change, and for a period of          4,367        

seventy-five weeks immediately following the expiration of the     4,368        

period of thirty weeks the administrator shall allow the fire      4,369        

fighter FIREFIGHTER or police officer sixty-six and two-thirds     4,371        

per cent of the loss of wages resulting directly and solely from   4,372        

the change of occupation but not to exceed a maximum of an amount  4,373        

equal to fifty per cent of the statewide average weekly wage per   4,374        

week.  No such fire fighter FIREFIGHTER or police officer is       4,376        

entitled to receive more than one allowance on account of          4,377        

discontinuance of employment or change of occupation and benefits  4,378        

shall cease for any period during which the fire fighter           4,379        

FIREFIGHTER or police officer is employed in an occupation in      4,381        

which the exposure to smoke, toxic gases, chemical fumes, and                   

other toxic vapors is not substantially less than the exposure in  4,382        

the occupation in which he THE FIREFIGHTER OR POLICE OFFICER was   4,383        

formerly employed or for any period during which the fire fighter  4,385        

FIREFIGHTER or police officer may be entitled to receive           4,387        

compensation or benefits under section 4123.68 of the Revised      4,388        

Code on account of disability from a cardiovascular and pulmonary  4,389        

disease.  The administrator may accord to the fire fighter         4,390        

FIREFIGHTER or police officer medical and other benefits in        4,392        

accordance with section 4123.66 of the Revised Code.                            

      (F)  An order issued under DIVISION (B), (D), OR (E) OF      4,395        

this section is appealable pursuant to section 4123.511 of the     4,396        

Revised Code but is not appealable to court under section          4,397        

4123.512 of the Revised Code.                                                   

      Sec. 4123.58.  (A)  In cases of permanent total disability   4,406        

IMPAIRMENT, the employee shall receive an award to continue until  4,408        

his death in the amount of sixty-six and two-thirds per cent of    4,409        

his THE EMPLOYEE'S average weekly wage, but, except as otherwise   4,411        

provided in division (B) of this section, not more than a maximum  4,412        

amount of weekly compensation which is equal to sixty-six and      4,413        

                                                          103    

                                                                 
two-thirds per cent of the statewide average weekly wage as        4,414        

defined in division (C) of section 4123.62 of the Revised Code,    4,415        

nor not less than a minimum amount of weekly compensation which    4,416        

is equal to fifty per cent of the statewide average weekly wage    4,417        

as defined in division (C) of section 4123.62 of the Revised       4,418        

Code, unless the employee's average weekly wage is less than       4,419        

fifty per cent of the statewide average weekly wage at the time    4,420        

of the injury, in which event he THE EMPLOYEE shall receive        4,421        

compensation in an amount equal to his THE EMPLOYEE'S average      4,422        

weekly wage.  PERMANENT TOTAL IMPAIRMENT MEANS THAT THE PHYSICAL   4,423        

OR MENTAL LIMITATIONS THAT DIRECTLY RESULT FROM THE ALLOWED        4,424        

CONDITIONS IN THE EMPLOYEE'S CLAIM OR CLAIMS PREVENT THE EMPLOYEE  4,425        

FROM ENGAGING IN SUSTAINED REMUNERATIVE EMPLOYMENT.  A STAFF       4,426        

HEARING OFFICER MAY CONSIDER AN EMPLOYEE'S AGE IN DETERMINING      4,428        

WHETHER THE EMPLOYEE IS PREVENTED FROM ENGAGING IN SUSTAINED       4,429        

REMUNERATIVE EMPLOYMENT OR FROM ACQUIRING THE CAPACITY TO ENGAGE   4,430        

IN SUSTAINED REMUNERATIVE EMPLOYMENT THROUGH TRAINING,                          

REHABILITATION, EDUCATION, OR OTHER SIMILAR EFFORTS, SUBJECT TO    4,431        

BOTH OF THE FOLLOWING:                                             4,432        

      (1)  AN EMPLOYEE IS NOT ENTITLED TO COMPENSATION FOR         4,434        

PERMANENT TOTAL IMPAIRMENT WHEN THE EMPLOYEE'S AGE IS THE PRIMARY  4,436        

REASON THAT THE EMPLOYEE IS PREVENTED FROM ENGAGING IN OR FROM     4,437        

ACQUIRING THE CAPACITY TO ENGAGE IN SUSTAINED REMUNERATIVE         4,438        

EMPLOYMENT;                                                                     

      (2)  A STAFF HEARING OFFICER MAY DETERMINE WHETHER AN        4,440        

EMPLOYEE IS ENTITLED TO COMPENSATION FOR PERMANENT TOTAL           4,441        

IMPAIRMENT WHEN THE EMPLOYEE'S AGE IS A REASON, BUT NOT THE        4,443        

PRIMARY REASON, THAT THE EMPLOYEE IS PREVENTED FROM ENGAGING IN    4,444        

OR FROM ACQUIRING THE CAPACITY TO ENGAGE IN SUSTAINED                           

REMUNERATIVE EMPLOYMENT.                                           4,445        

      (B)  In the event the weekly workers' compensation amount    4,447        

when combined with disability benefits received pursuant to the    4,448        

Social Security Act is less than the statewide average weekly      4,449        

wage as defined in division (C) of section 4123.62 of the Revised  4,450        

                                                          104    

                                                                 
Code, then the maximum amount of weekly compensation shall be the  4,451        

statewide average weekly wage as defined in division (C) of        4,452        

section 4123.62 of the Revised Code.  At any time that social      4,453        

security disability benefits terminate or are reduced, the         4,454        

workers' compensation award shall be recomputed to pay the         4,455        

maximum amount permitted under this division.                      4,456        

      (C)  The loss or loss of use of both hands or both arms, or  4,458        

both feet or both legs, or both eyes, or of any two thereof,       4,459        

constitutes total and permanent disability IMPAIRMENT, to be       4,460        

compensated according to this section.  Compensation payable       4,462        

under this section for permanent total disability IMPAIRMENT is    4,463        

in addition to benefits payable under division (B) of section      4,465        

4123.57 of the Revised Code.                                       4,466        

      Sec. 4123.59.  In case an injury to or an occupational       4,475        

disease contracted by an employee causes his THE EMPLOYEE'S        4,476        

death, benefits shall be in the amount and to the persons          4,478        

following:                                                                      

      (A)  If there are no dependents, the disbursements from the  4,480        

state insurance fund is limited to the expenses provided for in    4,481        

section 4123.66 of the Revised Code.                               4,482        

      (B)  If there are wholly dependent persons at the time of    4,484        

the death, the weekly payment is sixty-six and two-thirds per      4,485        

cent of the average weekly wage, but not to exceed a maximum       4,486        

aggregate amount of weekly compensation which is equal to          4,487        

sixty-six and two-thirds per cent of the statewide average weekly  4,488        

wage as defined in division (C) of section 4123.62 of the Revised  4,489        

Code, and not in any event less than a minimum amount of weekly    4,490        

compensation which is equal to fifty per cent of the statewide     4,491        

average weekly wage as defined in division (C) of section 4123.62  4,492        

of the Revised Code, regardless of the average weekly wage;        4,493        

provided however, that if the death is due to injury received or   4,494        

occupational disease first diagnosed after January 1, 1976, the    4,495        

weekly payment is sixty-six and two-thirds per cent of the         4,496        

average weekly wage but not to exceed a maximum aggregate amount   4,497        

                                                          105    

                                                                 
of weekly compensation which is equal to the statewide average     4,498        

weekly wage as defined in division (C) of section 4123.62 of the   4,499        

Revised Code; provided that when any claimant is receiving total   4,500        

disability OR IMPAIRMENT compensation at the time of death the     4,501        

wholly dependent person is eligible for the maximum compensation   4,503        

provided for in this section. Where there is more than one person  4,504        

who is wholly dependent at the time of the death of the employee,  4,505        

the administrator of workers' compensation shall promptly          4,506        

apportion the weekly amount of compensation payable under this     4,507        

section among the dependent persons as provided in division (D)    4,508        

of this section.                                                   4,509        

      (1)  The payment as provided in this section shall continue  4,511        

from the date of death of an injured, IMPAIRED, or disabled        4,513        

employee until the death or remarriage of such dependent spouse.   4,515        

If the dependent spouse remarries, an amount equal to two years    4,516        

of compensation benefits at the weekly amount determined to be     4,517        

applicable to and being paid to the dependent spouse shall be      4,518        

paid in a lump sum to such spouse and no further compensation      4,519        

shall be paid to such spouse.                                      4,520        

      (2)  That portion of the payment provided in division (B)    4,522        

of this section applicable to wholly dependent persons other than  4,523        

a spouse shall continue from the date of death of an injured,      4,524        

IMPAIRED, or disabled employee to a dependent as of the date of    4,526        

death, other than a spouse, at the weekly amount determined to be  4,527        

applicable and being paid to such dependent other than a spouse,   4,528        

until he THE DEPENDENT:                                            4,529        

      (a)  Reaches eighteen years of age;                          4,531        

      (b)  If pursuing a full time educational program while       4,533        

enrolled in an accredited educational institution and program,     4,534        

reaches twenty-five years of age;                                  4,535        

      (c)  If mentally or physically incapacitated from having     4,537        

any earnings, is no longer so incapacitated.                       4,538        

      (C)  If there are partly dependent persons at the time of    4,540        

the death the weekly payment is sixty-six and two-thirds per cent  4,541        

                                                          106    

                                                                 
of the employee's average weekly wage, not to exceed sixty-six     4,542        

and two-thirds per cent of the statewide average weekly wage as    4,543        

defined in division (C) of section 4123.62 of the Revised Code,    4,544        

and shall continue for such time as the administrator in each      4,545        

case determines.                                                   4,546        

      (D)  The following persons are presumed to be wholly         4,548        

dependent for their support upon a deceased employee:              4,549        

      (1)  A surviving spouse who was living with the employee at  4,551        

the time of death or a surviving spouse who was separated from     4,552        

the employee at the time of death because of the aggression of     4,553        

the employee;                                                      4,554        

      (2)  A child under the age of eighteen years, or             4,556        

twenty-five years if pursuing a full-time educational program      4,557        

while enrolled in an accredited educational institution and        4,558        

program, or over said THAT age if physically or mentally           4,559        

incapacitated from earning, upon only the one parent who is        4,561        

contributing more than one-half of the support for such child and  4,562        

with whom he THAT CHILD is living at the time of the death of      4,564        

such parent, or for whose maintenance such parent was legally      4,565        

liable at the time of his THE PARENT'S death.                      4,567        

      It is presumed that there is sufficient dependency to        4,569        

entitle a surviving natural parent or surviving natural parents,   4,570        

share and share alike, with whom the decedent was living at the    4,571        

time of his death, to a total minimum award of three thousand      4,572        

dollars.                                                           4,573        

      The administrator may take into consideration any            4,575        

circumstances which, at the time of the death of the decedent,     4,576        

clearly indicate prospective dependency on the part of the         4,577        

claimant and potential support on the part of the decedent.  No    4,578        

person shall be considered a prospective dependent unless such     4,579        

person is a member of the family of the deceased employee and      4,580        

bears to him THE DECEDENT the relation of surviving spouse,        4,581        

lineal descendant, ancestor, or brother, or sister.  The total     4,583        

award for any or all prospective dependency to all such            4,584        

                                                          107    

                                                                 
claimants, except to a natural parent or natural parents of the    4,585        

deceased, shall not exceed three thousand dollars to be            4,586        

apportioned among them as the administrator orders.                4,587        

      In all other cases, the question of dependency, in whole or  4,589        

in part, shall be determined in accordance with the facts in each  4,590        

particular case existing at the time of the injury resulting in    4,591        

the death of such employee, but no person shall be considered as   4,592        

dependent unless such person is a member of the family of the      4,593        

deceased employee, or bears to him THE DECEDENT the relation of    4,594        

surviving spouse, lineal descendant, ancestor, or brother, or      4,596        

sister.                                                                         

      (E)  An order issued by the administrator under this         4,598        

section is appealable pursuant to sections 4123.511 to 4123.512    4,599        

of the Revised Code.                                               4,600        

      Sec. 4123.60.  (A)  Benefits in case of death shall be paid  4,609        

to such one or more of the dependents of the decedent, for the     4,610        

benefit of all the dependents as the administrator of workers'     4,611        

compensation determines.  The administrator may apportion the      4,612        

benefits among the dependents in such manner as he THE             4,613        

ADMINISTRATOR deems just and equitable.  Payment to a dependent    4,615        

subsequent in right may be made, if the administrator deems it     4,616        

proper, and operates to discharge all other claims therefor.  The  4,617        

dependents or person to whom benefits are paid shall apply the     4,618        

same to the use of the several beneficiaries thereof according to  4,619        

their respective claims upon the decedent for support, in          4,620        

compliance with the finding and direction of the administrator.    4,621        

      In all cases of death where the dependents are a surviving   4,623        

spouse and one or more children, it is sufficient for the          4,624        

surviving spouse to apply to the administrator on behalf of the    4,625        

spouse and minor children.  In cases where all the dependents are  4,626        

minors, a guardian or next friend of such minor dependents shall   4,627        

apply.                                                             4,628        

      In all cases where an award had been made on account of      4,630        

temporary DISABILITY, or permanent partial IMPAIRMENT, or total    4,632        

                                                          108    

                                                                 
disability OR IMPAIRMENT, in which there remains an unpaid         4,634        

balance, representing payments accrued and due to the decedent at  4,635        

the time of his death, the administrator may, after satisfactory   4,636        

proof has been made warranting such action, MAY award or pay any   4,637        

unpaid balance of such award to such of the dependents of the      4,638        

decedent, or for services rendered on account of the last illness  4,639        

or death of such THAT decedent, as the administrator determines    4,640        

in accordance with the circumstances in each such case.  If the    4,641        

decedent would have been lawfully entitled to have applied for an  4,642        

award at the time of his death, the administrator may, after       4,643        

satisfactory proof to warrant an award and payment, MAY award and  4,645        

pay an amount, not exceeding the compensation which the decedent   4,646        

might have received, but for his THE DECEDENT'S death, for the     4,648        

period prior to the date of his death, to such of the dependents   4,649        

of the decedent, or for services rendered on account of the last   4,650        

illness or death of such decedent, as the administrator            4,651        

determines in accordance with the circumstances in each such       4,652        

case, but such payments may be made only in cases in which         4,653        

application for compensation was made in the manner required by    4,654        

this chapter, during the lifetime of such injured, IMPAIRED, or    4,655        

disabled person, or within one year after the death of such THAT   4,656        

injured, IMPAIRED, or disabled person.                             4,657        

      An order issued by the administrator under this section      4,659        

DIVISION is appealable pursuant to section 4123.511 of the         4,661        

Revised Code but is not appealable to court under section          4,662        

4123.512 of the Revised Code.                                      4,663        

      (B)  THE DEATH OF A CLAIMANT WHO IS ENTITLED TO PAYMENT      4,665        

UNDER A SETTLEMENT AGREED TO AND EFFECTIVE IN ACCORDANCE WITH      4,666        

SECTION 4123.65 OF THE REVISED CODE DOES NOT ABATE THAT            4,667        

SETTLEMENT.  PAYMENT OF THAT SETTLEMENT SHALL BE MADE TO THE       4,668        

CLAIMANT'S ESTATE.                                                              

      Sec. 4123.61.  The average weekly wage of an injured         4,677        

employee at the time of the injury or at the time disability due   4,679        

to the occupational disease begins is the basis upon which to                   

                                                          109    

                                                                 
compute benefits.  FOR OCCUPATIONAL DISEASE CLAIMS, THE AVERAGE    4,680        

WEEKLY WAGE AT THE DATE OF DISEASE IS THE BASIS UPON WHICH TO      4,682        

COMPUTE BENEFITS.                                                               

      In cases of temporary total disability the compensation for  4,684        

the first twelve weeks for which compensation is payable shall be  4,685        

based on the full weekly wage of the claimant at the time of the   4,686        

injury or at the time disability due to occupational DATE OF       4,687        

disease begins; when a factory, mine, or other place of            4,689        

employment is working short time in order to divide work among     4,690        

the employees, the bureau of workers' compensation shall take      4,691        

that fact into consideration when determining the wage for the     4,692        

first twelve weeks of temporary total disability.                  4,693        

      Compensation for all further temporary total disability      4,695        

shall be based as provided for permanent disability IMPAIRMENT     4,696        

claims.                                                            4,697        

      In death, permanent total disability IMPAIRMENT CLAIMS,      4,699        

permanent partial disability IMPAIRMENT claims, and impairment of  4,702        

earnings claims, the claimant's or the decedent's average weekly   4,704        

wage for the year preceding the injury or AT the date the          4,705        

disability due to the occupational OF disease begins is the        4,706        

weekly wage upon which compensation shall be based.  In            4,708        

ascertaining the average weekly wage for the year previous to the  4,709        

injury, or the date the disability due to the occupational OF      4,710        

disease begins, any period of unemployment due to sickness,        4,712        

industrial depression, strike, lockout, or other cause beyond the  4,713        

employee's control shall be eliminated.                            4,714        

      In cases where there are special circumstances under which   4,716        

the average weekly wage cannot justly be determined by applying    4,717        

this section, the administrator of workers' compensation, in       4,718        

determining the average weekly wage in such cases, shall use such  4,719        

method as will enable him THE ADMINISTRATOR to do substantial      4,720        

justice to the claimants.  FOR PURPOSES OF THIS SECTION, "SPECIAL  4,723        

CIRCUMSTANCES" DOES NOT INCLUDE AND THE ADMINISTRATOR SHALL NOT    4,724        

ADJUST THE AVERAGE WEEKLY WAGE FOR A CLAIMANT FOR ANY PERIOD OF    4,725        

                                                          110    

                                                                 
TIME IN WHICH THE CLAIMANT IS ENROLLED AS A FULL- OR PART-TIME     4,726        

STUDENT IN A PUBLIC OR PRIVATE COLLEGE OR UNIVERSITY, INCLUDING A  4,727        

TECHNICAL COLLEGE CREATED PURSUANT TO CHAPTER 3357. OF THE         4,728        

REVISED CODE OR A COMMUNITY COLLEGE AS DEFINED IN SECTION 3354.01  4,729        

OF THE REVISED CODE.                                               4,731        

      A DETERMINATION MADE BY THE ADMINISTRATOR UNDER THIS         4,733        

SECTION IS APPEALABLE PURSUANT TO SECTION 4123.511 OF THE REVISED  4,734        

CODE, BUT IT IS NOT APPEALABLE TO COURT UNDER SECTION 4123.512 OF  4,735        

THE REVISED CODE.                                                               

      AS USED IN THIS SECTION, "DATE OF DISEASE" MEANS THE DATE    4,737        

AN OCCUPATIONAL DISEASE IS FIRST DIAGNOSED BY A LICENSED           4,738        

PHYSICIAN, OR FOR AN OCCUPATIONAL DISEASE DESCRIBED IN DIVISIONS   4,739        

(A) THROUGH (AA) OF SECTION 4123.68 OF THE REVISED CODE OR OTHER   4,743        

OCCUPATIONAL DISEASE THAT RESULTS FROM EXPOSURE TO                              

FIBROSIS-PRODUCING OR TOXIC DUSTS, FUMES, MISTS, VAPORS, GASES,    4,744        

OR LIQUIDS, OR OTHER TOXIC MATERIALS, OR A COMBINATION OF THOSE,   4,745        

THE DATE THAT THE EMPLOYEE FIRST MISSES WORK AS A RESULT OF THE    4,746        

OCCUPATIONAL DISEASE.                                                           

      Sec. 4123.62.  (A)  If it is established that an injured,    4,755        

IMPAIRED, or disabled employee was of such age and experience      4,757        

when injured, IMPAIRED, or disabled as that under natural          4,759        

conditions his THE EMPLOYEE'S wages would be expected to           4,761        

increase, the administrator of workers' compensation may consider  4,762        

that fact in arriving at his THE EMPLOYEE'S average weekly wage,   4,763        

EXCEPT THAT THE ADMINISTRATOR SHALL NOT CONSIDER AND SHALL NOT     4,765        

ADJUST THE AVERAGE WEEKLY WAGE FOR AN EMPLOYEE FOR ANY PERIOD OF   4,766        

TIME IN WHICH THE EMPLOYEE IS ENROLLED AS A FULL- OR PART-TIME     4,767        

STUDENT IN A PUBLIC OR PRIVATE COLLEGE OR UNIVERSITY, INCLUDING A  4,768        

TECHNICAL COLLEGE CREATED PURSUANT TO CHAPTER 3357. OF THE                      

REVISED CODE OR A COMMUNITY COLLEGE AS DEFINED IN SECTION 3354.01  4,769        

OF THE REVISED CODE.                                               4,771        

      (B)  On each first day of January, the current maximum       4,773        

monthly benefit amounts provided in sections 4123.412, 4123.413,   4,774        

and 4123.414 of the Revised Code in injury cases shall be          4,775        

                                                          111    

                                                                 
adjusted based on the United States department of labor's          4,776        

national consumer price index.  The percentage increase in the     4,777        

cost of living using the index figure for the first day of         4,778        

September of the preceding year and the first day of September of  4,779        

the year preceding that year shall be applied to the maximums in   4,780        

effect on the preceding thirty-first day of December to obtain     4,781        

the increase in the cost of living during that year.               4,782        

      In determining the increase in the maximum benefits for any  4,784        

year after 1972, the base shall be the national consumer price     4,785        

index on the first day of September of the preceding year.  The    4,786        

increase in the index for the applicable twelve-month period       4,787        

shall be determined and shall be divided by the base used.  The    4,788        

resulting percentage shall be applied to the existing maximums to  4,789        

arrive at the new maximums.                                        4,790        

      (C)  Effective January 1, 1974, and each first day of        4,792        

January thereafter, the current maximum weekly benefit amounts     4,793        

provided in sections 4123.56, 4123.58, and 4123.59, and division   4,794        

(B) of section 4123.57 of the Revised Code shall be adjusted       4,795        

based on the increase or decrease in the statewide average weekly  4,796        

wage.                                                              4,797        

      "Statewide average weekly wage" means the average weekly     4,799        

earnings of all workers in Ohio employment subject to Chapter      4,800        

4141. of the Revised Code as determined as of the first day of     4,801        

September for the four full calendar quarters preceding the first  4,802        

day of July of each year, by the administrator of the bureau of    4,803        

employment services.                                               4,804        

      The statewide average weekly wage to be used for the         4,806        

determination of compensation for any employee who sustains an     4,807        

injury, or death WHO DIES, or who contracts an occupational        4,809        

disease WITH A DATE OF DISEASE THAT ARISES during the subsequent   4,810        

calendar year beginning with the first day of January, shall be    4,811        

the statewide average weekly wage so determined as of the prior    4,812        

first day of September adjusted to the next higher even multiple   4,813        

of one dollar.                                                                  

                                                          112    

                                                                 
      Any change in benefit amounts is effective with respect to   4,815        

injuries sustained, occupational diseases contracted, and deaths   4,817        

occurring during the calendar year for which adjustment is made.   4,818        

      In determining the change in the maximum benefits for any    4,820        

year after 1978, the base shall be the statewide average weekly    4,821        

wage on the first day of September of the preceding year.          4,822        

      AS USED IN THIS DIVISION, "DATE OF DISEASE" MEANS THE DATE   4,824        

AN OCCUPATIONAL DISEASE IS FIRST DIAGNOSED BY A LICENSED           4,825        

PHYSICIAN, OR FOR AN OCCUPATIONAL DISEASE DESCRIBED IN DIVISIONS   4,826        

(A) THROUGH (AA) OF SECTION 4123.68 OF THE REVISED CODE, OR OTHER  4,830        

OCCUPATIONAL DISEASE THAT RESULTS FROM EXPOSURE TO                              

FIBROSIS-PRODUCING OR TOXIC DUSTS, FUMES, MISTS, VAPORS, GASES,    4,831        

OR LIQUIDS, OR OTHER TOXIC MATERIALS, OR A COMBINATION OF THOSE,   4,832        

THE DATE THAT THE EMPLOYEE FIRST MISSES WORK AS A RESULT OF THE    4,833        

OCCUPATIONAL DISEASE.                                                           

      Sec. 4123.64.  (A)  The administrator of workers'            4,842        

compensation, under special circumstances, and when the same is    4,843        

deemed advisable for the purpose of rendering the injured,         4,844        

IMPAIRED, or disabled employee financial relief or for the         4,846        

purpose of furthering his THE EMPLOYEE'S rehabilitation, may       4,847        

commute payments of compensation or benefits to one or more        4,849        

lump-sum payments.                                                              

      (B)  The administrator shall adopt rules which set forth     4,851        

the policy for awarding lump sum payments.  The rules shall:       4,852        

      (1)  Enumerate the allowable purposes for payments and the   4,854        

conditions for making such awards;                                 4,855        

      (2)  Enumerate the maximum reduction in compensation         4,857        

allowable;                                                         4,858        

      (3)  Enumerate the documentation necessary to award a        4,860        

lump-sum payment;                                                  4,861        

      (4)  Require that all checks include the claimant as a       4,863        

payee, except where the check is for the payment of attorney's     4,864        

fees in accordance with section 4123.06 of the Revised Code, in    4,865        

which case the attorney shall be named as the only payee on the    4,866        

                                                          113    

                                                                 
check;                                                             4,867        

      (5)  Require a fully completed and current application       4,869        

including notary and seal; and                                     4,870        

      (6)  Specify procedures to make a claimant aware of the      4,872        

reduction in amount of compensation which will occur.              4,873        

      (C)  An order of the administrator issued under this         4,875        

section is appealable pursuant to section 4123.551 of the Revised  4,876        

Code but is not appealable to court under section 4123.512 of the  4,877        

Revised Code.                                                      4,878        

      Sec. 4123.65.  (A)  A state fund employer or the employee    4,887        

of such an employer may file an application with the               4,888        

administrator of workers' compensation for approval of a final     4,889        

settlement of a claim under this chapter.  The application shall   4,890        

include the settlement agreement, AND EXCEPT AS OTHERWISE          4,891        

PROVIDED IN THIS DIVISION, be signed by the claimant and           4,892        

employer, and clearly set forth the circumstances by reason of     4,893        

which the proposed settlement is deemed desirable and that the     4,894        

parties agree to the terms of the settlement agreement provided    4,895        

that the.  A CLAIMANT MAY FILE AN APPLICATION FOR AN AGREEMENT     4,897        

WITHOUT AN EMPLOYER'S SIGNATURE.  IF A CLAIMANT FILES AN           4,898        

AGREEMENT WITHOUT AN EMPLOYER'S SIGNATURE, AND THE EMPLOYER STILL  4,899        

IS DOING BUSINESS IN THIS STATE, THE ADMINISTRATOR SHALL SEND      4,900        

WRITTEN NOTICE OF THE APPLICATION TO THE EMPLOYER IMMEDIATELY      4,901        

UPON RECEIPT OF THE APPLICATION, AND A SECOND WRITTEN NOTICE                    

WITHIN FORTY-FIVE DAYS AFTER THE FIRST NOTICE IS SENT, IF THE      4,902        

EMPLOYER DOES NOT RESPOND TO THE FIRST NOTICE.  IF THE EMPLOYER    4,903        

FAILS TO RESPOND TO THE NOTICE WITHIN SIXTY DAYS AFTER RECEIPT OF  4,905        

THE NOTICE, OR IF THE CLAIM THAT IS THE SUBJECT OF THE AGREEMENT                

NO LONGER REMAINS IN THE ACCIDENT OR OCCUPATIONAL DISEASE          4,906        

EXPERIENCE OF THE EMPLOYER, THE AGREEMENT NEED NOT CONTAIN THE     4,907        

EMPLOYER'S SIGNATURE.  AN agreement need not be signed by the AN   4,908        

employer if the employer WHO is no longer doing business in Ohio   4,910        

THIS STATE.  If a state fund employer or an employee of such an    4,912        

employer has not filed an application for a final settlement       4,913        

                                                          114    

                                                                 
under this division, the administrator may file an application on  4,914        

behalf of the employer or the employee, provided that the          4,915        

administrator gives notice of the filing to the employer and the   4,916        

employee and to the representative of record of the employer and   4,917        

of the employee immediately upon the filing.  An application       4,918        

filed by the administrator shall contain all of the information    4,919        

and signatures required of an employer or an employee who files    4,920        

an application under this division.  Every self-insuring employer  4,921        

that enters into a final settlement agreement with an employee     4,922        

shall mail, within seven days of executing the agreement, a copy   4,923        

of the agreement to the administrator and the employee's           4,924        

representative. The administrator shall place the agreement into   4,925        

the claimant's file.                                               4,926        

      (B)  Except as provided in divisions (C) and (D) of this     4,928        

section, a settlement agreed to under this section is binding      4,929        

upon all parties thereto and as to items, injuries, and            4,930        

occupational diseases to which the settlement applies.             4,931        

      (C)  No settlement agreed to under division (A) of this      4,933        

section or agreed to by a self-insuring employer and the           4,934        

self-insuring employer's employee shall take effect until thirty   4,935        

days after the administrator approves the settlement for state     4,936        

fund employees and employers, or after the self-insuring employer  4,937        

and employee sign the final settlement agreement.  During the      4,938        

thirty-day period, the employer, employee, or administrator, for   4,939        

state fund settlements, and the employer or employee, for          4,940        

self-insuring settlements, may withdraw consent to OR MAY OBJECT   4,941        

TO the settlement by an employer providing written notice to the   4,943        

employer's employee and the administrator or by an employee        4,945        

providing written notice to the employee's employer and the        4,946        

administrator, or by the administrator providing written notice                 

to the state fund employer and employee.                           4,947        

      (D)  At the time of agreement to any final settlement        4,949        

agreement under division (A) of this section or agreement between  4,950        

a self-insuring employer and the self-insuring employer's          4,951        

                                                          115    

                                                                 
employee, IN CASES IN WHICH ONE OR MORE PARTIES TO THE AGREEMENT   4,952        

ARE UNREPRESENTED, the administrator, for state fund settlements,  4,953        

and the self-insuring employer, for self-insuring settlements,     4,955        

immediately shall send a copy of the agreement to the industrial   4,956        

commission who shall assign the matter to a staff hearing          4,957        

officer.  The staff hearing officer shall determine, within the    4,958        

time limitations specified in division (C) of this section,        4,959        

whether the settlement agreement is or is not a gross miscarriage  4,960        

of justice CLEARLY UNFAIR.  If the staff hearing officer           4,962        

determines within that time period that the settlement agreement   4,963        

is clearly unfair, the staff hearing officer shall issue an order               

disapproving the settlement agreement.  If the staff hearing       4,965        

officer determines that the settlement agreement is not clearly    4,966        

unfair or fails to act within those time limits, the settlement                 

agreement is approved.                                             4,967        

      (E)  A settlement entered into under this section may        4,969        

pertain to one or more claims of a claimant, or one or more parts  4,970        

of a claim, or the compensation or benefits pertaining to either,  4,971        

or any combination thereof, provided that nothing in this section  4,972        

shall be interpreted to require a claimant to enter into a         4,973        

settlement agreement for every claim that has been filed with the  4,974        

bureau of workers' compensation by that claimant under Chapter     4,975        

4121., 4123., 4127., or 4131. of the Revised Code.                 4,976        

      (F)  A settlement entered into under this section is not     4,978        

appealable under section 4123.511 or 4123.512 of the Revised       4,979        

Code.                                                              4,980        

      (G)  FOR PURPOSES OF DETERMINING WHETHER A PARTY IS          4,982        

UNREPRESENTED AS SPECIFIED IN DIVISION (D) OF THIS SECTION, A      4,984        

PARTY IS CONSIDERED REPRESENTED ONLY IF THE PARTY HAS THE          4,985        

SERVICES OF ONE OF THE FOLLOWING PERSONS:                          4,986        

      (1)  AN ATTORNEY ADMITTED TO THE PRACTICE OF LAW IN THIS     4,988        

STATE;                                                                          

      (2)  A DULY AUTHORIZED REPRESENTATIVE OF AN EMPLOYEE         4,990        

ORGANIZATION RECOGNIZED BY THE EMPLOYER FOR COLLECTIVE BARGAINING  4,992        

                                                          116    

                                                                 
PURPOSES;                                                                       

      (3)  A PERSON REGULARLY ENGAGED IN THE BUSINESS OF           4,994        

PROVIDING WORKERS' COMPENSATION-RELATED SERVICES TO EMPLOYERS;     4,995        

      (4)  AN EMPLOYEE OF THE SELF-INSURING EMPLOYER WHOSE JOB     4,997        

DUTIES OR RESPONSIBILITIES INCLUDE PARTICIPATION IN THE            4,998        

ADMINISTRATION OF THE SELF-INSURING EMPLOYER'S WORKERS'            4,999        

COMPENSATION PROGRAM.                                                           

      Sec. 4123.651.  (A)  The employer of a claimant who is       5,008        

injured, IMPAIRED, or disabled in the course of his THE            5,010        

CLAIMANT'S employment may require, without the approval of the     5,011        

administrator or the industrial commission, that the claimant be   5,012        

examined by a physician of the employer's choice one time upon     5,013        

any issue asserted by the employee or a physician of the           5,014        

employee's choice or which is to be considered by the commission.  5,015        

Any further requests for medical examinations shall be made to     5,016        

the commission which shall consider and rule on the request.  The  5,017        

employer shall pay the cost of any examinations initiated by the   5,018        

employer.                                                                       

      (B)  The bureau of workers' compensation shall prepare a     5,020        

form for the release of medical information, records, and reports  5,021        

relative to the issues necessary for the administration of a       5,022        

claim under this chapter.  The claimant promptly shall provide a   5,023        

current signed release of the information, records, and reports    5,024        

when requested by the employer.  The employer promptly shall       5,025        

provide copies of all medical information, records, and reports    5,026        

to the bureau and to the claimant or his THE CLAIMANT'S            5,027        

representative upon request.                                       5,029        

      (C)  If, without good cause, an employee refuses to submit   5,031        

to any examination scheduled under this section or refuses to      5,032        

release or execute a release for any medical information, record,  5,033        

or report that is required to be released under this section and   5,034        

involves an issue pertinent to the condition alleged in the        5,035        

claim, his THE EMPLOYEE'S right to have his THE claim for          5,037        

compensation or benefits considered, if his THE claim is pending   5,038        

                                                          117    

                                                                 
before the administrator, THE commission, or a district or staff   5,040        

hearing officer, or to receive any payment for compensation or     5,041        

benefits previously granted, is suspended during the period of     5,042        

refusal.                                                                        

      (D)  No bureau or commission employee shall alter any        5,044        

medical report obtained from a health care provider the bureau or  5,045        

commission has selected or cause or request the health care        5,046        

provider to alter or change a report.  The bureau and commission   5,047        

shall make any request for clarification of a health care          5,048        

provider's report in writing and shall provide a copy of the       5,049        

request to the affected parties and their representatives at the   5,050        

time of making the request.                                        5,051        

      Sec. 4123.66.  (A)  In addition to the compensation          5,059        

provided for in this chapter, the administrator of workers'        5,060        

compensation shall disburse and pay from the state insurance fund  5,061        

the amounts for medical, nurse, and hospital services and          5,062        

medicine as he THE ADMINISTRATOR deems proper, and, in case death  5,064        

ensues from the injury or occupational disease, he THE             5,066        

ADMINISTRATOR shall disburse and pay from the fund reasonable      5,068        

funeral expenses in an amount not to exceed thirty-two hundred     5,069        

dollars.  The bureau of workers' compensation shall reimburse      5,070        

anyone, whether dependent, volunteer, or otherwise, who pays the   5,071        

funeral expenses of any employee whose death ensues from any       5,072        

injury or occupational disease as provided in this section.  The   5,073        

administrator may adopt rules, with the advice and consent of the  5,074        

workers' compensation oversight commission, with respect to        5,075        

furnishing medical, nurse, and hospital service and medicine to    5,076        

injured, IMPAIRED, or disabled employees entitled thereto, and     5,078        

for the payment therefor.  In case an injury or industrial         5,079        

accident that injures an employee also causes damage to the        5,081        

employee's eyeglasses, artificial teeth or other denture, or       5,082        

hearing aid, or in the event an injury or occupational disease     5,083        

makes it necessary or advisable to replace, repair, or adjust the  5,084        

same, the bureau shall disburse and pay a reasonable amount to     5,085        

                                                          118    

                                                                 
repair or replace the same.  IF AN EMPLOYEE'S ATTENDING PHYSICIAN  5,086        

DETERMINES THAT IT IS IN THE EMPLOYEE'S BEST INTEREST TO RECEIVE   5,088        

HEALTH CARE IN THE EMPLOYEE'S HOME, THE ADMINISTRATOR SHALL        5,089        

DISBURSE AND PAY FROM THE STATE INSURANCE FUND, AND A                           

SELF-INSURING EMPLOYER SHALL PAY THE AMOUNTS NECESSARY FOR         5,090        

IN-HOME HEALTH CARE, INCLUDING THE COST OF SERVICES NECESSARY ON   5,092        

A CONTINUOUS BASIS, UP TO AND INCLUDING TWENTY-FOUR HOURS A DAY,   5,093        

PROVIDED THAT THE ESTIMATED COST OF THAT IN-HOME HEALTH CARE DOES  5,094        

NOT EXCEED THE ESTIMATED COST OF RECEIVING THE NECESSARY HEALTH    5,095        

CARE OUTSIDE OF THE EMPLOYEE'S HOME.                                            

      (B)(1)  If an employer or a welfare plan has provided to or  5,097        

on behalf of an employee any benefits or compensation for an       5,098        

injury or occupational disease and that injury or occupational     5,099        

disease is determined compensable under this chapter, the          5,100        

employer or a welfare plan may request that the administrator      5,101        

reimburse the employer or welfare plan for the amount the          5,102        

employer or welfare plan paid to or on behalf of the employee in   5,103        

compensation or benefits.  The administrator shall reimburse the   5,104        

employer or welfare plan for the compensation and benefits paid    5,105        

if, at the time the employer or welfare plan provides the          5,106        

benefits or compensation to or on behalf of employee, the injury   5,107        

or occupational disease had not been determined to be compensable  5,108        

under this chapter and if the employee was not receiving           5,109        

compensation or benefits under this chapter for that injury or     5,110        

occupational disease.  The administrator shall reimburse the       5,111        

employer or welfare plan in the amount that the administrator      5,112        

would have paid to or on behalf of the employee under this         5,113        

chapter if the injury or occupational disease originally would     5,114        

have been determined compensable under this chapter.  If the       5,115        

employer is a merit-rated employer, the administrator shall        5,116        

adjust the amount of premium next due from the employer according  5,117        

to the amount the administrator pays the employer.  The            5,118        

administrator shall adopt rules, in accordance with Chapter 119.   5,119        

of the Revised Code, to implement this division.                   5,120        

                                                          119    

                                                                 
      (2)  As used in this division, "welfare plan" has the same   5,122        

meaning as in division (1) of 29 U.S.C.A. 1002.                    5,123        

      Sec. 4123.68.  Every employee who is disabled OR IMPAIRED    5,132        

because of the contraction of an occupational disease or the       5,133        

dependent of an employee whose death is caused by an occupational  5,134        

disease, is entitled to the compensation provided by sections      5,135        

4123.55 to 4123.59 and 4123.66 of the Revised Code subject to the  5,136        

modifications relating to occupational diseases contained in this  5,137        

chapter.  An order of the administrator issued under this section  5,138        

is appealable pursuant to sections 4123.511 and 4123.512 of the    5,139        

Revised Code.                                                      5,140        

      The following diseases are occupational diseases and         5,142        

compensable as such when contracted by an employee in the course   5,143        

of the employment in which such employee was engaged and due to    5,144        

the nature of any process described in this section.  A disease    5,145        

which meets the definition of an occupational disease is           5,146        

compensable pursuant to this chapter EVEN though it is not         5,147        

specifically listed in this section.                               5,148        

                            SCHEDULE                               5,150        

      Description of disease or injury and description of          5,152        

process:                                                           5,153        

      (A)  Anthrax:  Handling of wool, hair, bristles, hides, and  5,155        

skins.                                                             5,156        

      (B)  Glanders:  Care of any equine animal suffering from     5,158        

glanders; handling carcass of such animal.                         5,159        

      (C)  Lead poisoning:  Any industrial process involving the   5,161        

use of lead or its preparations or compounds.                      5,162        

      (D)  Mercury poisoning:  Any industrial process involving    5,164        

the use of mercury or its preparations or compounds.               5,165        

      (E)  Phosphorous poisoning:  Any industrial process          5,167        

involving the use of phosphorous or its preparations or            5,168        

compounds.                                                         5,169        

      (F)  Arsenic poisoning:  Any industrial process involving    5,171        

the use of arsenic or its preparations or compounds.               5,172        

                                                          120    

                                                                 
      (G)  Poisoning by benzol or by nitro-derivatives and         5,174        

amido-derivatives of benzol (dinitro-benzol, anilin, and others):  5,175        

Any industrial process involving the use of benzol or              5,176        

nitro-derivatives or amido-derivatives of benzol or its            5,177        

preparations or compounds.                                         5,178        

      (H)  Poisoning by gasoline, benzine, naphtha, or other       5,180        

volatile petroleum products:  Any industrial process involving     5,181        

the use of gasoline, benzine, naphtha, or other volatile           5,182        

petroleum products.                                                5,183        

      (I)  Poisoning by carbon bisulphide:  Any industrial         5,185        

process involving the use of carbon bisulphide or its              5,186        

preparations or compounds.                                         5,187        

      (J)  Poisoning by wood alcohol:  Any industrial process      5,189        

involving the use of wood alcohol or its preparations.             5,190        

      (K)  Infection or inflammation of the skin on contact        5,192        

surfaces due to oils, cutting compounds or lubricants, dust,       5,193        

liquids, fumes, gases, or vapors:  Any industrial process          5,194        

involving the handling or use of oils, cutting compounds or        5,195        

lubricants, or involving contact with dust, liquids, fumes,        5,196        

gases, or vapors.                                                  5,197        

      (L)  Epithelion cancer or ulceration of the skin or of the   5,199        

corneal surface of the eye due to carbon, pitch, tar, or tarry     5,200        

compounds:  Handling or industrial use of carbon, pitch, or tarry  5,201        

compounds.                                                         5,202        

      (M)  Compressed air illness:  Any industrial process         5,204        

carried on in compressed air.                                      5,205        

      (N)  Carbon dioxide poisoning:  Any process involving the    5,207        

evolution or resulting in the escape of carbon dioxide.            5,208        

      (O)  Brass or zinc poisoning:  Any process involving the     5,210        

manufacture, founding, or refining of brass or the melting or      5,211        

smelting of zinc.                                                  5,212        

      (P)  Manganese dioxide poisoning:  Any process involving     5,214        

the grinding or milling of manganese dioxide or the escape of      5,215        

manganese dioxide dust.                                            5,216        

                                                          121    

                                                                 
      (Q)  Radium poisoning:  Any industrial process involving     5,218        

the use of radium and other radioactive substances in luminous     5,219        

paint.                                                             5,220        

      (R)  Tenosynovitis and prepatellar bursitis:  Primary        5,222        

tenosynovitis characterized by a passive effusion or crepitus      5,223        

into the tendon sheath of the flexor or extensor muscles of the    5,224        

hand, due to frequently repetitive motions or vibrations, or       5,225        

prepatellar bursitis due to continued pressure.                    5,226        

      (S)  Chrome ulceration of the skin or nasal passages:  Any   5,228        

industrial process involving the use of or direct contact with     5,229        

chromic acid or bichromates of ammonium, potassium, or sodium or   5,230        

their preparations.                                                5,231        

      (T)  Potassium cyanide poisoning:  Any industrial process    5,233        

involving the use of or direct contact with potassium cyanide.     5,234        

      (U)  Sulphur dioxide poisoning:  Any industrial process in   5,236        

which sulphur dioxide gas is evolved by the expansion of liquid    5,237        

sulphur dioxide.                                                   5,238        

      (V)  Berylliosis:  Berylliosis means a disease of the lungs  5,240        

caused by breathing beryllium in the form of dust or fumes,        5,241        

producing characteristic changes in the lungs and demonstrated by  5,242        

x-ray examination, by biopsy or by autopsy.                        5,243        

      This chapter does not entitle an employee or his THE         5,245        

EMPLOYEE'S dependents to compensation, medical treatment, or       5,247        

payment of funeral expenses for disability, IMPAIRMENT, or death   5,248        

from berylliosis unless the employee has been subjected to         5,250        

injurious exposure to beryllium dust or fumes in his THE           5,251        

EMPLOYEE'S employment in this state preceding his THE EMPLOYEE'S   5,252        

disablement OR IMPAIRMENT and only in the event of such            5,253        

disability, IMPAIRMENT, or death resulting within eight years      5,256        

after the last injurious exposure; provided that such eight-year   5,257        

limitation does not apply to disability, IMPAIRMENT, or death      5,258        

from exposure occurring after January 1, 1976.  In the event of    5,260        

death following continuous total disability OR IMPAIRMENT          5,261        

commencing within eight years after the last injurious exposure,   5,263        

                                                          122    

                                                                 
the requirement of death within eight years after the last         5,264        

injurious exposure does not apply.                                              

      Before awarding compensation for partial or total            5,266        

disability OR IMPAIRMENT or death due to berylliosis, the          5,267        

administrator of workers' compensation shall refer the claim to a  5,269        

qualified MEDICAL SPECIALIST FOR EXAMINATION AND RECOMMENDATION    5,270        

WITH REGARD to the diagnosis, the extent of the disability OR      5,271        

IMPAIRMENT, the nature of the disability OR IMPAIRMENT, whether    5,272        

permanent or temporary, the cause of death, and other medical      5,274        

questions connected with the claim.  An employee shall submit to   5,275        

such examinations, including clinical and x-ray examinations, as   5,276        

the administrator requires.  In the event that an employee         5,277        

refuses to submit to examinations, including clinical and x-ray    5,278        

examinations, after notice from the administrator, or in the       5,279        

event that a claimant for compensation for death due to            5,280        

berylliosis fails to produce necessary consents and permits,       5,281        

after notice from the administrator, so that such autopsy          5,282        

examination and tests may be performed, then all rights for        5,283        

compensation are forfeited.  The reasonable compensation of such   5,284        

specialist and the expenses of examinations and tests shall be     5,285        

paid, if the claim is allowed, as part of the expenses of the                   

claim, otherwise they shall be paid from the surplus fund.         5,286        

      (W)  Cardiovascular, pulmonary, or respiratory diseases      5,288        

incurred by fire fighters FIREFIGHTERS or police officers          5,289        

following exposure to heat, smoke, toxic gases, chemical fumes     5,291        

and other toxic substances:  Any cardiovascular, pulmonary, or     5,292        

respiratory disease of a fire fighter FIREFIGHTERS or police       5,293        

officer OFFICERS caused or induced by the cumulative effect of     5,295        

exposure to heat, the inhalation of smoke, toxic gases, chemical   5,296        

fumes and other toxic substances in the performance of his THEIR   5,297        

duty constitutes a presumption, which may be refuted by            5,299        

affirmative evidence, that such occurred in the course of and      5,300        

arising out of his THEIR employment.  For the purpose of this      5,302        

section, "fire fighter FIREFIGHTER" means any regular member of a  5,303        

                                                          123    

                                                                 
lawfully constituted fire department of a municipal corporation    5,304        

or township, whether paid or volunteer, and "police officer"       5,305        

means any regular member of a lawfully constituted police          5,306        

department of a municipal corporation, township or county,         5,307        

whether paid or volunteer.                                         5,308        

      This chapter does not entitle a fire fighter FIREFIGHTER,    5,310        

or police officer, or his THE FIREFIGHTER'S OR POLICE OFFICER'S    5,312        

dependents to compensation, medical treatment, or payment of       5,314        

funeral expenses for disability, IMPAIRMENT, or death from a       5,315        

cardiovascular, pulmonary, or respiratory disease, unless the      5,316        

fire fighter FIREFIGHTER or police officer has been subject to     5,317        

injurious exposure to heat, smoke, toxic gases, chemical fumes,    5,319        

and other toxic substances in his THE FIREFIGHTER'S OR POLICE      5,320        

OFFICER'S employment in this state preceding his THE disablement   5,322        

OR IMPAIRMENT, some portion of which has been after January 1,     5,323        

1967, except as provided in division (E) of section 4123.57 of     5,324        

the Revised Code.                                                  5,325        

      Compensation on account of cardiovascular, pulmonary, or     5,327        

respiratory diseases of fire fighters FIREFIGHTERS and police      5,328        

officers is payable only in the event of temporary total           5,330        

disability, permanent total disability IMPAIRMENT, or death, in    5,331        

accordance with section 4123.56, 4123.58, or 4123.59 of the        5,333        

Revised Code.  Medical, hospital, and nursing expenses are         5,334        

payable in accordance with this chapter.  Compensation, medical,   5,335        

hospital, and nursing expenses are payable only in the event of    5,336        

such disability, IMPAIRMENT, or death resulting within eight       5,338        

years after the last injurious exposure; provided that such        5,339        

eight-year limitation does not apply to disability, IMPAIRMENT,    5,340        

or death from exposure occurring after January 1, 1976.  In the    5,342        

event of death following continuous total disability OR            5,343        

IMPAIRMENT commencing within eight years after the last injurious  5,344        

exposure, the requirement of death within eight years after the    5,345        

last injurious exposure does not apply.                            5,346        

      This chapter does not entitle a fire fighter FIREFIGHTER or  5,348        

                                                          124    

                                                                 
police officer, or his THE dependents OF A FIREFIGHTER OR POLICE   5,350        

OFFICER, to compensation, medical, hospital, and nursing           5,353        

expenses, or payment of funeral expenses for disability,           5,354        

IMPAIRMENT, or death due to a cardiovascular, pulmonary, or        5,355        

respiratory disease in the event of failure or omission on the     5,356        

part of the fire fighter FIREFIGHTER or police officer truthfully  5,358        

to state, when seeking employment, the place, duration, and        5,359        

nature of previous employment in answer to an inquiry made by the  5,360        

employer.                                                                       

      Before awarding compensation for disability, IMPAIRMENT, or  5,363        

death under this division, the administrator shall refer the       5,364        

claim to a qualified medical specialist for examination and        5,365        

recommendation with regard to the diagnosis, the extent of         5,366        

disability OR IMPAIRMENT, the cause of death, and other medical    5,368        

questions connected with the claim. A fire fighter FIREFIGHTER or  5,369        

police officer shall submit to such examinations, including        5,371        

clinical and x-ray examinations, as the administrator requires.    5,372        

In the event that a fire fighter FIREFIGHTER or police officer     5,374        

refuses to submit to examinations, including clinical and x-ray    5,375        

examinations, after notice from the administrator, or in the       5,376        

event that a claimant for compensation for death under this        5,377        

division fails to produce necessary consents and permits, after    5,378        

notice from the administrator, so that such autopsy examination    5,379        

and tests may be performed, then all rights for compensation are   5,380        

forfeited.  The reasonable compensation of such specialists and    5,381        

the expenses of examination and tests shall be paid, if the claim  5,382        

is allowed, as part of the expenses of the claim, otherwise they   5,383        

shall be paid from the surplus fund.                                            

      (X)  Silicosis:  Silicosis means a disease of the lungs      5,385        

caused by breathing silica dust (silicon dioxide) producing        5,386        

fibrous nodules distributed through the lungs and demonstrated by  5,387        

x-ray examination, by biopsy or by autopsy.                        5,388        

      (Y)  Coal miners' pneumoconiosis:  Coal miners'              5,390        

pneumoconiosis, commonly referred to as "black lung disease,"      5,391        

                                                          125    

                                                                 
resulting from working in the coal mine industry and due to        5,392        

exposure to the breathing of coal dust, and demonstrated by x-ray  5,393        

examination, biopsy, autopsy or other medical or clinical tests.   5,394        

      This chapter does not entitle an employee or his THE         5,396        

EMPLOYEE'S dependents to compensation, medical treatment, or       5,398        

payment of funeral expenses for disability, IMPAIRMENT, or death   5,399        

from silicosis, asbestosis, or coal miners' pneumoconiosis unless  5,401        

the employee has been subject to injurious exposure to silica      5,402        

dust (silicon dioxide), asbestos, or coal dust in his THE          5,403        

EMPLOYEE'S employment in this state preceding his THE disablement  5,405        

OR IMPAIRMENT, some portion of which has been after October 12,    5,406        

1945, except as provided in division (E) of section 4123.57 of     5,407        

the Revised Code.                                                  5,408        

      Compensation on account of silicosis, asbestosis, or coal    5,410        

miners' pneumoconiosis are payable only in the event of temporary  5,411        

total disability, permanent total disability IMPAIRMENT, or        5,412        

death, in accordance with sections 4123.56, 4123.58, and 4123.59   5,414        

of the Revised Code.  Medical, hospital, and nursing expenses are  5,415        

payable in accordance with this chapter.  Compensation, medical,   5,416        

hospital, and nursing expenses are payable only in the event of    5,417        

such disability, IMPAIRMENT, or death resulting within eight       5,419        

years after the last injurious exposure; provided that such        5,420        

eight-year limitation does not apply to disability, IMPAIRMENT,    5,421        

or death occurring after January 1, 1976, and further provided     5,423        

that such eight-year limitation does not apply to any asbestosis   5,424        

cases.  In the event of death following continuous total           5,425        

disability OR IMPAIRMENT commencing within eight years after the   5,427        

last injurious exposure, the requirement of death within eight     5,428        

years after the last injurious exposure does not apply.            5,429        

      This chapter does not entitle an employee or his THE         5,431        

EMPLOYEE'S dependents to compensation, medical, hospital, and      5,433        

nursing expenses, or payment of funeral expenses for disability,   5,434        

IMPAIRMENT, or death due to silicosis, asbestosis, or coal         5,436        

miners' pneumoconiosis in the event of the failure or omission on  5,437        

                                                          126    

                                                                 
the part of the employee truthfully to state, when seeking         5,438        

employment, the place, duration, and nature of previous            5,439        

employment in answer to an inquiry made by the employer.           5,440        

      Before awarding WHEN compensation IS REQUESTED for           5,442        

disability, IMPAIRMENT, or death due to silicosis, asbestosis, or  5,445        

coal miners' pneumoconiosis, the administrator shall refer MAY     5,446        

DETERMINE WHETHER THERE IS SUFFICIENT LIKELIHOOD THAT ANY OF       5,447        

THOSE DISEASES EXISTS, CAUSES DISABILITY OR IMPAIRMENT, OR CAUSED  5,449        

DEATH TO WARRANT REFERRING the claim to a qualified medical                     

specialist for examination and recommendation with regard to the   5,450        

diagnosis, the extent of disability OR IMPAIRMENT, the cause of    5,451        

death, and other medical questions connected with the claim.  IN   5,453        

NO EVENT SHALL COMPENSATION FOR DISABILITY, IMPAIRMENT, OR DEATH   5,454        

DUE TO SILICOSIS, ASBESTOSIS, OR COAL MINERS' PNEUMOCONIOSIS BE    5,455        

AWARDED WITHOUT THE CLAIM BEING REFERRED TO A QUALIFIED MEDICAL    5,456        

SPECIALIST FOR THAT EXAMINATION AND RECOMMENDATION.  An employee   5,457        

shall submit to such examinations, including clinical and x-ray    5,458        

examinations, as the administrator requires.  In the event that    5,459        

an employee refuses to submit to examinations, including clinical  5,460        

and x-ray examinations, after notice from the administrator, or    5,461        

in the event that a claimant for compensation for death due to     5,462        

silicosis, asbestosis, or coal miners' pneumoconiosis fails to     5,463        

produce necessary consents and permits, after notice from the      5,464        

commission, so that such autopsy examination and tests may be      5,465        

performed, then all rights for compensation are forfeited.  The    5,466        

reasonable compensation of such specialist and the expenses of     5,467        

examinations and tests shall be paid, if the claim is allowed, as  5,468        

a part of the expenses of the claim, otherwise they shall be paid  5,469        

from the surplus fund.                                             5,470        

      (Z)  Radiation illness:  Any industrial process involving    5,472        

the use of radioactive materials.                                  5,473        

      Claims for compensation and benefits due to radiation        5,475        

illness are payable only in the event death, IMPAIRMENT, or        5,477        

disability occurred within eight years after the last injurious    5,478        

                                                          127    

                                                                 
exposure provided that such eight-year limitation does not apply   5,479        

to disability, IMPAIRMENT, or death from exposure occurring after  5,481        

January 1, 1976.  In the event of death following continuous       5,482        

disability OR IMPAIRMENT which commenced within eight years of     5,484        

the last injurious exposure, the requirement of death within       5,485        

eight years after the last injurious exposure does not apply.      5,486        

      (AA)  Asbestosis:  Asbestosis means a disease caused by      5,488        

inhalation or ingestion of asbestos, demonstrated by x-ray         5,489        

examination, biopsy, autopsy, or other objective medical or        5,490        

clinical tests.                                                    5,491        

      All conditions, restrictions, limitations, and other         5,493        

provisions of this section, with reference to the payment of       5,494        

compensation or benefits on account of silicosis or coal miners'   5,495        

pneumoconiosis apply to the payment of compensation or benefits    5,496        

on account of any other occupational disease of the respiratory    5,497        

tract resulting from injurious exposures to dust.                  5,498        

      The refusal to produce the necessary consents and permits    5,500        

for autopsy examination and testing shall not result in            5,501        

forfeiture of compensation provided the administrator finds that   5,502        

such refusal was the result of bona fide religious convictions or  5,503        

teachings to which the claimant for compensation adhered prior to  5,504        

the death of the decedent.                                         5,505        

      Sec. 4123.70.  No compensation shall be awarded on account   5,514        

of disability, IMPAIRMENT, or death from disease suffered by an    5,516        

employee who, at the time of entering into the employment from     5,517        

which the disease is claimed to have resulted, willfully and       5,518        

falsely represented himself THE EMPLOYEE as not having previously  5,519        

suffered from such disease.  Compensation shall not be awarded on  5,521        

account of both injury and disease, except when the disability OR  5,522        

IMPAIRMENT is caused by a disease and an injury, in which event    5,523        

the administrator of workers' compensation may apportion the       5,524        

payment of compensation provided for in sections 4123.56 to        5,525        

4123.59 of the Revised Code between the funds as in his THE        5,526        

ADMINISTRATOR'S judgment seems just and proper.                    5,527        

                                                          128    

                                                                 
      If an employee is suffering from both occupational disease   5,529        

and an injury, and the administrator can determine which is        5,530        

causing his THE EMPLOYEE'S disability OR IMPAIRMENT, the           5,531        

administrator shall pay compensation therefor from the proper      5,533        

fund.                                                                           

      Compensation for loss sustained on account of occupational   5,535        

disease by an employee mentioned in division (A)(1) of section     5,536        

4123.01 of the Revised Code, or the dependents of such employee,   5,537        

shall be paid from the fund provided for in sections 4123.38 to    5,538        

4123.41 and 4123.48 of the Revised Code.                           5,539        

      Compensation for loss sustained on account of a disease by   5,541        

an employee mentioned in division (A)(2) of section 4123.01 of     5,542        

the Revised Code, or the dependents of the employee, shall be      5,543        

paid from the occupational disease fund or by the employer of the  5,544        

employee, if the employer is a self-insuring employer.             5,545        

      Sec. 4123.80.  No agreement by an employee to waive his THE  5,553        

EMPLOYEE'S rights to compensation under this chapter is valid,     5,555        

except that:                                                                    

      (A)  An employee who is blind may waive the compensation     5,557        

that may become due him TO THE EMPLOYEE for injury, IMPAIRMENT,    5,559        

or disability in cases where the injury, IMPAIRMENT, or            5,560        

disability may be directly caused by or due to his THAT            5,562        

blindness.  The administrator of workers' compensation, with the   5,564        

advice and consent of the workers' compensation oversight          5,566        

commission, may adopt and enforce rules governing the employment   5,568        

of such persons and the inspection of their places of employment.  5,569        

      (B)  An employee may waive his THE EMPLOYEE'S rights to      5,571        

compensation or benefits as authorized pursuant to division        5,572        

(C)(3) of section 4123.01 OR SECTION 4123.15 of the Revised Code.  5,574        

      No agreement by an employee to pay any portion of the        5,576        

premium paid by his THE EMPLOYEE'S employer into the state         5,578        

insurance fund is valid.                                                        

      Sec. 4123.82.  (A)  All contracts and agreements are void    5,587        

which undertake to indemnify or insure an employer against loss    5,588        

                                                          129    

                                                                 
or liability for the payment of compensation to workers or their   5,589        

dependents for death, injury, or occupational disease occasioned   5,590        

in the course of the workers' employment, or which provide that    5,591        

the insurer shall pay the compensation, or which indemnify the     5,592        

employer against damages when the injury, disease, or death        5,593        

arises from the failure to comply with any lawful requirement for  5,594        

the protection of the lives, health, and safety of employees, or   5,595        

when the same is occasioned by the willful act of the employer or  5,596        

any of his THE EMPLOYER'S officers or agents, or by which it is    5,597        

agreed that the insurer shall pay any such damages.  No license    5,599        

or authority to enter into any such agreements or issue any such   5,600        

policies of insurance shall be granted or issued by any public     5,601        

authority in this state.  Any corporation organized or admitted    5,602        

under the laws of this state to transact liability insurance as    5,603        

defined in section 3929.01 of the Revised Code may by amendment    5,604        

of its articles of incorporation or by original articles of        5,605        

incorporation, provide therein for the authority and purpose to    5,606        

make insurance in states, territories, districts, and counties,    5,607        

other than the state of Ohio, and in the state of Ohio in respect  5,608        

of contracts permitted by division (B) of this section,            5,609        

indemnifying employers against loss or liability for payment of    5,610        

compensation to workers and employees and their dependents for     5,611        

death, injury, or occupational disease occasioned in the course    5,612        

of the employment and to insure and indemnify employers against    5,613        

loss, expense, and liability by risk of bodily injury or death by  5,614        

accident, disability, IMPAIRMENT, sickness, or disease suffered    5,615        

by workers and employees for which the employer may be liable or   5,617        

has assumed liability.                                             5,618        

      (B)  Notwithstanding division (A) of this section:           5,620        

      (1)  No contract because of that division is void which      5,622        

undertakes to indemnify a self-insuring employer against all or    5,623        

part of such employer's loss in excess of at least fifty thousand  5,624        

dollars from any one disaster or event arising out of the          5,625        

employer's liability under this chapter, but no insurance          5,626        

                                                          130    

                                                                 
corporation shall, directly or indirectly, SHALL represent an      5,627        

employer in the settlement, adjudication, determination,           5,628        

allowance, or payment of claims.  The superintendent of insurance  5,629        

shall enforce this prohibition by such disciplinary orders         5,630        

directed against the offending insurance corporation as the        5,631        

superintendent of insurance deems appropriate in the               5,632        

circumstances and the administrator of workers' compensation       5,633        

shall enforce this prohibition by such disciplinary orders         5,634        

directed against the offending employer as the administrator       5,635        

deems appropriate in the circumstances, which orders may include   5,636        

revocation of the insurance corporation's right to enter into      5,637        

indemnity contracts and revocation of the employer's status as a   5,638        

self-insuring employer.                                            5,639        

      (2)  The administrator may enter into a contract of          5,641        

indemnity with any such employer upon such terms, payment of such  5,642        

premium, and for such amount and form of indemnity as the          5,643        

administrator determines and the administrator may procure         5,644        

reinsurance of the liability of the public and private funds       5,645        

under this chapter, or any part of the liability in respect of     5,646        

either or both of the funds, upon such terms and premiums or       5,647        

other payments from the fund or funds as the administrator deems   5,648        

prudent in the maintenance of a solvent fund or funds from year    5,649        

to year.  When making the finding of fact which the administrator  5,650        

is required by section 4123.35 of the Revised Code to make with    5,651        

respect to the financial ability of an employer, no contract of    5,652        

indemnity, or the ability of the employer to procure such a        5,653        

contract, shall be considered as increasing the financial ability  5,654        

of the employer.                                                   5,655        

      Sec. 4123.84.  (A)  In all cases of injury or death, claims  5,664        

for compensation or benefits for the specific part or parts of     5,665        

the body injured shall be forever barred unless, within two years  5,666        

after the injury or death:                                         5,667        

      (1)  Written notice of the specific part or parts of the     5,669        

body claimed to have been injured has been made to the industrial  5,670        

                                                          131    

                                                                 
commission or the bureau of workers' compensation;                 5,671        

      (2)  The employer, with knowledge of a claimed compensable   5,673        

injury or occupational disease, has paid wages in lieu of          5,674        

compensation for total disability OR IMPAIRMENT;                   5,675        

      (3)  In the event the employer is a self-insuring employer,  5,677        

one of the following has occurred:                                 5,678        

      (a)  Written notice of the specific part or parts of the     5,680        

body claimed to have been injured has been given to the            5,681        

commission or bureau or the employer has furnished treatment by a  5,682        

licensed physician in the employ of an employer, provided,         5,683        

however, that the furnishing of such treatment shall not           5,684        

constitute a recognition of a claim as compensable, but shall do   5,685        

no more than satisfy the requirements of this section;             5,686        

      (b)  Compensation or benefits have been paid or furnished    5,688        

equal to or greater than is provided for in sections 4123.52,      5,689        

4123.55 to 4123.62, and 4123.64 to 4123.67 of the Revised Code,    5,690        

PROVIDED THAT THE PAYMENT OR FURNISHING OF THE COMPENSATION OR     5,691        

BENEFITS SHALL NOT CONSTITUTE A RECOGNITION OF A CLAIM OR ANY      5,692        

CONDITION IN A CLAIM AS COMPENSABLE.  THAT PAYMENT, THAT           5,693        

COMPENSATION, OR THOSE BENEFITS SHALL DO NO MORE THAN SATISFY THE  5,695        

REQUIREMENTS OF THIS SECTION.                                                   

      (4)  Written notice of death has been given to the           5,697        

commission or bureau.                                                           

      (B)  The bureau shall provide printed notices quoting in     5,699        

full division (A) of this section, and every self-insuring         5,700        

employer shall post and maintain at all times one or more of the   5,701        

notices in conspicuous places in the workshop or places of         5,702        

employment.                                                        5,703        

      (C)  The commission has continuing jurisdiction as set       5,705        

forth in section 4123.52 of the Revised Code over a claim which    5,706        

meets the requirement of this section, including jurisdiction to   5,707        

award compensation or benefits for loss or impairment of bodily    5,708        

functions developing in a part or parts of the body not specified  5,709        

pursuant to division (A)(1) of this section, if the commission     5,710        

                                                          132    

                                                                 
finds that the loss or impairment of bodily functions was due to   5,711        

and a result of or a residual of the injury to one of the parts    5,712        

of the body set forth in the written notice filed pursuant to      5,713        

division (A)(1) of this section.                                   5,714        

      (D)  Any claim pending before the administrator, the         5,716        

commission, or a court on December 11, 1967, in which the remedy   5,717        

is affected by this section is governed by this section.           5,718        

      (E)  Notwithstanding the requirement that the notice         5,720        

required to be given to the bureau, commission, or employer under  5,721        

this section is to be in writing, the bureau may accept, assign a  5,722        

claim number, and process a notice provided by any method of       5,723        

telecommunication.  Immediately upon receipt of the                5,724        

telecommunicated notice, the bureau shall send a written notice    5,725        

to the employer of the bureau's receipt of the telecommunicated    5,726        

notice.  Within fifteen days after receipt of the notice, the      5,727        

employer may in writing either MAY verify or not verify the        5,728        

telecommunicated notice.  If the bureau does not receive the       5,729        

written notification from the employer or receives a written       5,730        

notification verifying the telecommunicated notice within such     5,731        

time period, the claim is validly filed and such telecommunicated  5,732        

notice tolls the statute of limitations in regard to the claim     5,733        

filed and is considered to meet the requirements of written        5,734        

notice required by this section.                                   5,735        

      (F)  As used in division (A)(3)(b) of this section,          5,737        

"benefits" means payments by a self-insuring employer to, or on    5,738        

behalf of, an employee for a hospital bill, a medical bill to a    5,739        

licensed physician or hospital, or an orthopedic or prosthetic     5,740        

device.                                                            5,741        

      Sec. 4123.85.  In all cases of occupational disease, or      5,750        

death resulting from occupational disease, claims for              5,751        

compensation or benefits are forever barred unless, within two     5,752        

years after the disability due to the disease began, or within     5,754        

such longer period as does not exceed six months after FIRST                    

diagnosis of the occupational disease by a licensed physician or   5,755        

                                                          133    

                                                                 
within two years after death occurs, application is made to the    5,756        

industrial commission or the bureau of workers' compensation or    5,757        

to the employer if he THE EMPLOYER is a self-insuring employer.    5,759        

      Sec. 4123.90.  (A)  The bureau ADMINISTRATOR of workers'     5,768        

compensation, industrial commission WORKERS' COMPENSATION HEARING  5,769        

OFFICERS, or any other PERSON OR body constituted by the statutes  5,771        

of this state, or any court of this state, in awarding                          

compensation to the dependents of employees, or others killed in   5,772        

Ohio THIS STATE, shall not make any discrimination against the     5,773        

widows SURVIVING SPOUSES, children, or other dependents who        5,775        

reside in a foreign country. The bureau ADMINISTRATOR, commission  5,776        

HEARING OFFICER, or any other board, PERSON, or court, in          5,778        

determining the amount of compensation to be paid to the           5,779        

dependents of killed employees, shall pay to the alien dependents  5,780        

residing in foreign countries the same benefits as to those        5,781        

dependents residing in this state.                                 5,782        

      (B)  No employer shall discharge, demote, reassign, or take  5,784        

any punitive action against any employee because the employee      5,785        

filed a claim or instituted, pursued, or testified in any          5,786        

proceedings under the workers' compensation act THIS CHAPTER OR    5,787        

CHAPTER 4126., 4127., OR 4131. OF THE REVISED CODE for an injury   5,788        

or occupational disease which occurred in the course of and        5,789        

arising out of his employment with that employer.  Any such        5,790        

      AN employee AFFECTED BY A VIOLATION OF THIS DIVISION may     5,792        

file an action in the COURT OF common pleas court of the county    5,793        

of such employment in which the relief which may be granted shall  5,795        

be limited to reinstatement with back pay, if the action is based  5,796        

upon discharge, or an award for wages lost if based upon           5,797        

demotion, reassignment, or punitive action taken, offset by        5,798        

earnings subsequent to discharge, demotion, reassignment, or       5,799        

punitive action taken, and payments received pursuant to section   5,800        

4123.56 and Chapter 4141. of the Revised Code plus reasonable      5,801        

attorney fees.  The action shall be IS forever barred unless       5,802        

filed within one hundred eighty days immediately following the     5,803        

                                                          134    

                                                                 
discharge, demotion, reassignment, or punitive action taken, and   5,804        

no action may be instituted or maintained unless the employer has  5,805        

received written notice of a claimed violation of this paragraph   5,806        

within the ninety days immediately following the discharge,        5,807        

demotion, reassignment, or punitive action taken.                  5,808        

      Sec. 4127.03.  Every work-relief employee who sustains an    5,817        

injury and the dependents of such as are killed, in the course of  5,818        

and arising out of employment, wheresoever such WHEREVER THAT      5,819        

injury or death occurs, except when such injury or death is        5,821        

caused by willful misconduct or intent to bring about such injury  5,822        

or death, or when the use of intoxicating liquors or drugs is the  5,823        

proximate cause of such injury or death, is entitled to receive    5,824        

out of the public work-relief employees' compensation fund,        5,825        

compensation, death benefits, medical, nurse, and hospital         5,826        

services, medicine, and funeral expenses, for loss sustained on    5,827        

account of such injury or death, as is provided for by Chapter     5,828        

4123. of the Revised Code.                                                      

      Except as provided in section 4127.06 of the Revised Code,   5,830        

no compensation shall be paid from the work-relief employees'      5,831        

compensation fund for or on account of any temporary disability    5,832        

or partial disability IMPAIRMENT; except that in the cases         5,833        

included in the schedule of loss of specific members or sight,     5,835        

set forth in section 4123.57 of the Revised Code, the disability   5,836        

OR IMPAIRMENT is deemed to continue for the periods mentioned for  5,838        

each of such cases in that section.  In cases where the injury     5,839        

results in the total or partial loss of use of any such member,    5,840        

the disability OR IMPAIRMENT is deemed to continue for such        5,842        

proportion of the period fixed for the total loss of a member as   5,843        

the administrator of workers' compensation finds that the actual   5,844        

physical disability OR IMPAIRMENT bears to the total loss of such  5,846        

members.                                                                        

      All compensation payable under this chapter shall be paid    5,848        

on the basis of computation provided for in this chapter.          5,849        

      Sec. 4127.06.  During periods of temporary disability and    5,858        

                                                          135    

                                                                 
partial disability IMPAIRMENT other than that resulting from loss  5,860        

of a member or sight or total or partial loss of use of a member,  5,861        

an injured work-relief employee shall be paid directly out of the  5,862        

fund from which the employee was receiving relief, the amounts     5,863        

required to meet the budgetary needs of the employee and his THE   5,864        

EMPLOYEE'S dependents, and in the manner determined by the person  5,865        

or agency having control over or supervision of the fund.          5,866        

      When all of the funds for relief purposes which are          5,868        

available to any employer are exhausted, or when, disability OR    5,869        

IMPAIRMENT as a result of the injury is continuous beyond a        5,872        

period of six months, the injured work-relief employee shall be                 

compensated for temporary DISABILITY and partial disability        5,873        

IMPAIRMENT out of the public work-relief employees' compensation   5,875        

fund by the bureau of workers' compensation in the same manner     5,876        

and amount as is provided in sections 4127.01 to 4127.14 of the                 

Revised Code for other disabilities AND IMPAIRMENTS.               5,877        

      Sec. 4141.31.  (A)  Benefits otherwise payable for any week  5,886        

shall be reduced by the amount of remuneration a claimant          5,887        

receives with respect to such week as follows:                     5,888        

      (1)  Remuneration in lieu of notice;                         5,890        

      (2)  Compensation for wage loss under division (B)(C) of     5,892        

section 4123.56 of the Revised Code or temporary partial           5,893        

disability under the workers' compensation law of any state or     5,894        

under a similar law of the United States;                          5,895        

      (3)  Except as provided in section 4141.312 of the Revised   5,897        

Code, payments in the form of retirement, or pension allowances    5,898        

under a plan wholly financed by an employer which payments are     5,899        

paid either directly by the employer, or indirectly through a      5,900        

trust, annuity, insurance fund, or under an insurance contract     5,901        

whether payable upon retirement, termination, or separation from   5,902        

employment, provided that if the claimant has twenty-six weeks or  5,903        

more of employment with a subsequent employer or employers who     5,904        

are not paying him a pension or retirement allowance, then such    5,905        

pension or retirement payments shall not reduce the benefits       5,906        

                                                          136    

                                                                 
payable for the week, and provided further that no benefits shall  5,907        

thereafter be charged to the account of the employer who is        5,908        

paying the pension, but instead such benefits shall be charged to  5,909        

the mutualized account except as provided in division (B)(1)(b)    5,910        

of section 4141.241 of the Revised Code if the claimant's          5,911        

separation from the employer was disqualifying under division      5,912        

(D)(2)(a) of section 4141.29 of the Revised Code.                  5,913        

      (4)  Remuneration in the form of separation or termination   5,915        

pay paid to an employee at the time of his THE EMPLOYEE'S          5,916        

separation from employment;                                        5,918        

      (5)  Vacation pay or allowance payable under the terms of a  5,920        

labor-management contract or agreement, or other contract of       5,921        

hire, which payments are allocated to designated weeks.            5,922        

      If payments under this division are paid with respect to a   5,924        

month then the amount of remuneration deemed to be received with   5,925        

respect to any week during such month shall be computed by         5,926        

multiplying such monthly amount by twelve and dividing the         5,927        

product by fifty-two.  If there is no designation of the period    5,928        

with respect to which payments to an individual are made under     5,929        

this section then an amount equal to such individual's normal      5,930        

weekly wage shall be attributed to and deemed paid with respect    5,931        

to the first and each succeeding week following his THE            5,932        

EMPLOYEE'S separation or termination from the employment of the    5,934        

employer making the payment until such amount so paid is           5,935        

exhausted.                                                                      

      If benefits for any week, when reduced as provided in this   5,937        

division, result in an amount not a multiple of one dollar, such   5,938        

benefits shall be rounded to the next lower multiple of one        5,939        

dollar.                                                            5,940        

      Any payment allocated by the employer or the administrator   5,942        

of the bureau of employment services to weeks under division       5,943        

(A)(1), (4), or (5) of this section shall be deemed to be          5,944        

remuneration for the purposes of establishing a qualifying week    5,945        

and a benefit year under divisions (O)(1) and (R) of section       5,946        

                                                          137    

                                                                 
4141.01 of the Revised Code.                                       5,947        

      (B)  Benefits payable for any week shall not be reduced by   5,949        

the amount of remuneration a claimant receives with respect to     5,950        

such week in the form of drill or reserve pay received by a        5,951        

member of the Ohio national guard or the armed forces reserve for  5,952        

attendance at a regularly scheduled drill or meeting.              5,953        

      (C)  No benefits shall be paid for any week with respect to  5,955        

which or a part of which an individual has received or is seeking  5,956        

unemployment benefits under an unemployment compensation law of    5,957        

any other state or of the United States, provided the              5,958        

disqualifications shall not apply if the appropriate agency of     5,959        

such other state or of the United States finally determines that   5,960        

he is not entitled to such unemployment benefits.  A law of the    5,961        

United States providing any payment of any type and in any         5,962        

amounts for periods of unemployment due to lack of work shall be   5,963        

considered an unemployment compensation law of the United States.  5,964        

      (D)  Notwithstanding any other provision in this chapter,    5,966        

benefits otherwise payable shall not be reduced by payments that   5,967        

were made to an individual on or after August 1, 1991, pursuant    5,968        

to "The National Defense Authorization Act for Fiscal Years 1992   5,969        

and 1993," Public Law 102-190, 105 Stat. 1394, 1396, 10 U.S.C.A.   5,970        

1174a, 1175, in the form of voluntary separation incentive         5,971        

payments and special separation pay.                               5,972        

      Section 2.  That existing sections 2913.48, 4121.32,         5,974        

4121.34, 4121.35, 4121.36, 4121.38, 4121.47, 4121.61, 4121.67,     5,975        

4123.01, 4123.032, 4123.033, 4123.07, 4123.25, 4123.27, 4123.28,   5,976        

4123.343, 4123.35, 4123.352, 4123.411, 4123.412, 4123.413,         5,977        

4123.414, 4123.416, 4123.419, 4123.511, 4123.512, 4123.52,         5,978        

4123.54, 4123.541, 4123.55, 4123.56, 4123.57, 4123.58, 4123.59,    5,979        

4123.60, 4123.61, 4123.62, 4123.64, 4123.65, 4123.651, 4123.66,    5,980        

4123.68, 4123.70. 4123.80, 4123.82, 4123.84, 4123.85, 4123.90,     5,981        

4127.03, 4127.06, and 4141.31 of the Revised Code are hereby       5,982        

repealed.                                                          5,983        

      Section 3.  The provisions of this act apply to all claims   5,985        

                                                          138    

                                                                 
arising on and after the effective date of this act.               5,986        

      Section 4.  The penalties provided for in divisions (B) and  5,988        

(C) of section 4121.444 of the Revised Code apply to any           5,989        

overpayment, billing, or falsification occurring on or after the   5,990        

effective date of this act.                                                     

      Section 5.  The amendments to the definition of              5,992        

"occupational disease" made by this act contained in division (F)  5,993        

of section 4123.01 of the Revised Code are not intended and shall  5,994        

not be construed as altering a firefighter's or police officer's   5,995        

rights to compensation pursuant to division (W) of section                      

4123.68 of the Revised Code as those rights existed on the         5,997        

effective date of this act by virtue of statute, administrative    5,998        

rule, or judicial decision or a combination of statutes, rules,    5,999        

or decisions.