As Passed by the House                        1            

122nd General Assembly                                             4            

   Regular Session                          Am. 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            

   REPRESENTATIVES THOMPSON-HODGES-WILLIAMS-CORBIN-WACHTMANN-      10           

     HOOD-SCHURING-CATES-MEAD-COUGHLIN-HARRIS-BUCHY-TIBERI-        11           

   VAN VYVEN-CALLENDER-BRADING-STAPLETON-PERZ-MYERS-HOTTINGER      12           


                                                                   14           

                           A   B I L L                                          

             To amend sections 2913.48, 4121.121, 4121.32,         16           

                4121.34, 4121.35, 4121.36, 4121.38, 4121.44,       17           

                4121.47, 4121.61, 4121.67, 4123.01, 4123.032,      18           

                4123.033, 4123.07, 4123.25, 4123.27, 4123.28,      19           

                4123.34, 4123.343, 4123.35, 4123.352, 4123.411,    20           

                4123.412, 4123.413, 4123.414, 4123.416, 4123.419,               

                4123.511, 4123.512, 4123.52, 4123.54, 4123.541,    21           

                4123.55, 4123.56, 4123.57, 4123.58, 4123.59,       22           

                4123.60, 4123.61, 4123.62, 4123.64, 4123.65,       23           

                4123.651, 4123.66, 4123.68, 4123.70, 4123.80,                   

                4123.82, 4123.84, 4123.85, 4123.90, 4123.93,       24           

                4127.03, 4127.06, and 4141.31 and to enact         25           

                sections 4121.444, 4121.445, 4123.061, 4123.15,                 

                and 4123.531 of the Revised Code to make various   27           

                changes in the structure, payment, and                          

                determination of benefits, to reduce the number    28           

                of weeks an employee can receive nonworking wage   30           

                loss, to permit an employer to have an employee                 

                excepted from the Workers' Compensation Laws for   32           

                religious reasons, to change the duration of the                

                continuing jurisdiction of the Industrial          33           

                Commission generally to five years with specified  34           

                exceptions for certain occupational diseases or                 

                prosthetic device cases, to require hearing        35           

                                                          2      

                                                                 
                officers to report suspected fraudulent activity,  36           

                to limit recovery for aggravation of a             37           

                preexisting condition, to change the definition                 

                of occupational disease, to permit certain         38           

                nonattorneys to represent parties in hearings      39           

                before the Industrial Commission, to create the                 

                presumption concerning alcohol or a controlled     41           

                substance as the cause of an employee's injury,                 

                to except buildings and land used for              42           

                agricultural production from safety rules that                  

                apply to workshops and factories, to provide       44           

                criminal penalties for employers who                            

                intentionally misclassify their employees for      45           

                workers' compensation purposes, to prohibit                     

                kickbacks from health care providers under the     46           

                Workers' Compensation Law, to prohibit health                   

                care providers from receiving payments for false   47           

                claims under the Workers' Compensation Law, to     48           

                provide that records kept by the Division of       49           

                Safety and Hygiene are confidential, to specify    50           

                that records produced by an attorney in                         

                connection with a workers' compensation claim are  51           

                the property of the claimant, and to make other                 

                changes in the Workers' Compensation Law.          52           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        54           

      Section 1.  That sections 2913.48, 4121.121, 4121.32,        56           

4121.34, 4121.35, 4121.36, 4121.38, 4121.44, 4121.47, 4121.61,     58           

4121.67, 4123.01, 4123.032, 4123.033, 4123.07, 4123.25, 4123.27,   59           

4123.28, 4123.34, 4123.343, 4123.35, 4123.352, 4123.411,           60           

4123.412, 4123.413, 4123.414, 4123.416, 4123.419, 4123.511,        61           

4123.512, 4123.52, 4123.54, 4123.541, 4123.55, 4123.56, 4123.57,   62           

4123.58, 4123.59, 4123.60, 4123.61, 4123.62, 4123.64, 4123.65,     63           

4123.651, 4123.66, 4123.68, 4123.70, 4123.80, 4123.82, 4123.84,    64           

                                                          3      

                                                                 
4123.85, 4123.90, 4123.93, 4127.03, 4127.06, and 4141.31 be        65           

amended and sections 4121.444, 4121.445, 4123.061, 4123.15, and    66           

4123.531 of the Revised Code be enacted to read as follows:        67           

      Sec. 2913.48.  (A)  No person, with purpose to defraud or    76           

knowing that the person is facilitating a fraud, shall do any of   77           

the following:                                                     78           

      (1)  Receive workers' compensation benefits to which the     80           

person is not entitled;                                            81           

      (2)  Make or present or cause to be made or presented a      83           

false or misleading statement with the purpose to secure payment   84           

for goods or services rendered under Chapter 4121., 4123., 4127.,  85           

or 4131. of the Revised Code or to secure workers' compensation    86           

benefits;                                                          87           

      (3)  Alter, falsify, destroy, conceal, or remove any record  89           

or document that is necessary to fully establish the validity of   90           

any claim filed with, or necessary to establish the nature and     91           

validity of all goods and services for which reimbursement or      92           

payment was received or is requested from, the bureau of workers'  93           

compensation, or a self-insuring employer under Chapter 4121.,     94           

4123., 4127., or 4131. of the Revised Code;                        95           

      (4)  Enter into an agreement or conspiracy to defraud the    97           

bureau or a self-insuring employer by making or presenting or      98           

causing to be made or presented a false claim for workers'         99           

compensation benefits;                                             100          

      (5)  MAKE OR PRESENT OR CAUSE TO BE MADE OR PRESENTED A      102          

FALSE OR MISLEADING STATEMENT OR OTHER MISREPRESENTATION           103          

CONCERNING MANUAL CODES, CLASSIFICATION OF EMPLOYEES, PAYROLL, OR  104          

NUMBER OF PERSONNEL, WHEN INFORMATION OF THAT NATURE IS NECESSARY  105          

TO DETERMINE THE ACTUAL WORKERS' COMPENSATION PREMIUM OR           106          

ASSESSMENT OWED TO THE BUREAU BY AN EMPLOYER;                      107          

      (6)  SOLICIT, OFFER, OR RECEIVE ANY REMUNERATION IN CASH OR  109          

IN KIND, INCLUDING, BUT NOT LIMITED TO, A KICKBACK OR REBATE, IN   110          

CONNECTION WITH A REFERRAL FOR THE FURNISHING OF GOODS OR          111          

SERVICES FOR WHICH REIMBURSEMENT MAY BE MADE PURSUANT TO CHAPTER   112          

                                                          4      

                                                                 
4121., 4123., 4127., OR 4131. OF THE REVISED CODE.  DIVISION       113          

(A)(6) OF THIS SECTION DOES NOT APPLY TO ANY CONTRACT TO PROVIDE   114          

SERVICES UNDER THE BUREAU'S HEALTH CARE PARTNERSHIP PROGRAM OR A   115          

QUALIFIED HEALTH PLAN ENTERED INTO BETWEEN A MANAGED CARE          116          

ORGANIZATION AND AN ORGANIZATION FORMED PURSUANT TO DIVISION       117          

(A)(4) OF SECTION 4123.29 OF THE REVISED CODE.                     118          

      (7)  ALTER, FORGE, OR CREATE A WORKERS' COMPENSATION         120          

CERTIFICATE TO FALSELY SHOW CURRENT OR CORRECT WORKERS'            122          

COMPENSATION COVERAGE;                                                          

      (8)  FAIL TO SECURE OR MAINTAIN WORKERS' COMPENSATION        124          

COVERAGE AS REQUIRED BY CHAPTER 4123. OF THE REVISED CODE.         125          

      (B)  Whoever violates this section is guilty of workers'     127          

compensation fraud.  Except as otherwise provided in this          129          

division, a violation of this section is a misdemeanor of the      130          

first degree.  If the value of the PREMIUMS AND ASSESSMENTS        132          

UNPAID PURSUANT TO ACTIONS DESCRIBED IN DIVISION (A)(5), (7), OR   133          

(8) OF THIS SECTION, OR OF goods, services, property, or money     136          

stolen is five hundred dollars or more and is less than five       137          

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

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

UNPAID PURSUANT TO ACTIONS DESCRIBED IN DIVISION (A)(5), (7), OR   141          

(8) OF THIS SECTION, OR OF goods, services, property, or money     143          

stolen is five thousand dollars or more and is less than one       144          

hundred thousand dollars, a violation of this section is a felony  145          

of the fourth degree.  If the value of the PREMIUMS AND            147          

ASSESSMENTS UNPAID PURSUANT TO ACTIONS DESCRIBED IN DIVISION       148          

(A)(5), (7), OR (8) OF THIS SECTION, OR OF goods, services,        150          

property, or money stolen is one hundred thousand dollars or       151          

more, a violation of this section is a felony of the third                      

degree.                                                            152          

      (C)  Upon application of the governmental body that          154          

conducted the investigation and prosecution of a violation of      155          

this section, the court shall order the person who is convicted    156          

of the violation to pay the governmental body its costs of         157          

                                                          5      

                                                                 
investigating and prosecuting the case.  These costs are in        158          

addition to any other costs or penalty provided in the Revised     159          

Code or any other section of law.                                  160          

      (D)  The remedies and penalties provided in this section     162          

are not exclusive remedies and penalties and do not preclude the   163          

use of any other criminal or civil remedy or penalty for any act   164          

that is in violation of this section.                              165          

      (E)  As used in this section:                                167          

      (1)  "False" means wholly or partially untrue or deceptive.  169          

      (2)  "Goods" includes, but is not limited to, medical        171          

supplies, appliances, rehabilitative equipment, and any other      172          

apparatus or furnishing provided or used in the care, treatment,   173          

or rehabilitation of a claimant for workers' compensation          174          

benefits.                                                          175          

      (3)  "Services" includes, but is not limited to, any         177          

service provided by any health care provider to a claimant for     178          

workers' compensation benefits AND ANY AND ALL SERVICES PROVIDED   179          

BY THE BUREAU AS PART OF WORKERS' COMPENSATION INSURANCE           181          

COVERAGE.                                                                       

      (4)  "Claim" means any attempt to cause the bureau, an       183          

independent third party with whom the administrator or an          184          

employer contracts under section 4121.44 of the Revised Code, or   185          

a self-insuring employer to make payment or reimbursement for      186          

workers' compensation benefits.                                    187          

      (5)  "Employment" means participating in any trade,          189          

occupation, business, service, or profession for substantial       190          

gainful remuneration.                                              191          

      (6)  "Employer," "employee," and "self-insuring employer"    193          

have the same meanings as in section 4123.01 of the Revised Code.  194          

      (7)  "Remuneration" includes, but is not limited to, wages,  196          

commissions, rebates, and any other reward or consideration.       197          

      (8)  "Statement" includes, but is not limited to, any oral,  199          

written, electronic, electronic impulse, or magnetic               200          

communication notice, letter, memorandum, receipt for payment,     201          

                                                          6      

                                                                 
invoice, account, financial statement, OR bill for services; a     203          

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

chart or other record; and a computer generated document.          204          

      (9)  "Records" means any medical, professional, financial,   206          

or business record relating to the treatment or care of any        207          

person, to goods or services provided to any person, or to rates   208          

paid for goods or services provided to any person, or any record   209          

that the administrator of workers' compensation requires pursuant  210          

to rule.                                                           211          

      (10)  "Workers' compensation benefits" means any             213          

compensation or benefits payable under Chapter 4121., 4123.,       214          

4127., or 4131. of the Revised Code.                               215          

      Sec. 4121.121.  (A)  There is hereby created the bureau of   224          

workers' compensation, which shall be administered by the          225          

administrator of workers' compensation.  A person appointed to     226          

the position of administrator shall possess significant            227          

management experience in effectively managing an organization or   228          

organizations of substantial size and complexity.  Before                       

September 1, 1998, the governor shall appoint the administrator    230          

as provided in section 121.03 of the Revised Code, and the         232          

administrator shall serve at the pleasure of the governor.  The    233          

governor shall fix the administrator's salary on the basis of the  235          

administrator's experience and the administrator's                              

responsibilities and duties under this chapter and Chapter         237          

CHAPTERS 4123., 4127., and 4131. of the Revised Code.  The         238          

governor shall not appoint to the position of administator any     239          

person who has, or whose spouse has, given a contribution to the   240          

campaign committee of the governor in an amount greater than one   241          

thousand dollars during the two-year period immediately preceding  242          

the date of the appointment of the administrator.  After August    243          

31, 1998, the workers' compensation oversight commission shall     244          

appoint the administrator as provided in division (F)(9) of        245          

section 4121.12 of the Revised Code, and the administrator shall   246          

serve at the pleasure of the oversight commission.  The oversight  248          

                                                          7      

                                                                 
commission shall fix the administrator's salary on the basis of    249          

the administrator's experience and the administrator's             250          

responsibilities and duties under this chapter and Chapters        251          

4123., 4127., and 4131. of the Revised Code.                       252          

      The administrator shall hold no other public office and      254          

shall devote full time to the duties of administrator.  Before     256          

entering upon the duties of the office, the administrator shall    257          

take an oath of office as required by sections 3.22 and 3.23 of    258          

the Revised Code, and shall file in the office of the secretary    259          

of state, a bond signed by the administrator and by surety         260          

approved by the governor, for the sum of fifty thousand dollars    262          

payable to the state, conditioned upon the faithful performance    263          

of the administrator's duties.                                                  

      (B)  The administrator is responsible for the management of  266          

the bureau of workers' compensation and for the discharge of all   267          

administrative duties imposed upon the administrator in this       268          

chapter and Chapters 4123., 4127., and 4131. of the Revised Code,  270          

and in the discharge thereof shall do all of the following:        271          

      (1)  Establish the overall administrative policy of the      274          

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

4127., and 4131. of the Revised Code, and perform all acts and     275          

exercise all authorities and powers, discretionary and otherwise   277          

that are required of or vested in the bureau or any of its         278          

employees in this chapter and Chapters 4123., 4127., and 4131. of  279          

the Revised Code, except the acts and the exercise of authority    280          

and power that is required of and vested in the oversight          281          

commission or the industrial commission pursuant to those          282          

chapters.  The treasurer of state shall honor all warrants signed  283          

by the administrator, or by one or more of the administrator's     284          

employees, authorized by the administrator in writing, or bearing  286          

the facsimile signature of the administrator or such employee      287          

under sections 4123.42 and 4123.44 of the Revised Code.            288          

      (2)  Employ, direct, and supervise all employees required    290          

in connection with the performance of the duties assigned to the   291          

                                                          8      

                                                                 
bureau by this chapter and Chapters 4123., 4127., and 4131. of     292          

the Revised Code, and may establish job classification plans and   293          

compensation for all employees of the bureau provided that this    294          

grant of authority shall not be construed as affecting any         295          

employee for whom the state employment relations board has         296          

established an appropriate bargaining unit under section 4117.06   297          

of the Revised Code.  All positions of employment in the bureau    298          

are in the classified civil service except those employees the     299          

administrator may appoint to serve at the administrator's          300          

pleasure in the unclassified civil service pursuant to section     301          

124.11 of the Revised Code.  The administrator shall fix the       302          

salaries of employees the administrator appoints to serve at the   304          

administrator's pleasure, including the chief operating officer,   305          

staff physicians, and other senior management personnel of the                  

bureau.                                                            306          

      (3)  Reorganize the work of the bureau, its sections,        308          

departments, and offices to the extent necessary to achieve the    309          

most efficient performance of its functions and to that end may    310          

establish, change, or abolish positions and assign and reassign    311          

duties and responsibilities of every employee of the bureau.  All  312          

persons employed by the commission in positions that, after        314          

November 3, 1989, are supervised and directed by the               315          

administrator under this section are transferred to the bureau in  316          

their respective classifications but subject to reassignment and   317          

reclassification of position and compensation as the               318          

administrator determines to be in the interest of efficient        319          

administration.  The civil service status of any person employed   320          

by the commission is not affected by this section.  Personnel      321          

employed by the bureau or the commission who are subject to        322          

Chapter 4117. of the Revised Code shall retain all of their        323          

rights and benefits conferred pursuant to that chapter as it       324          

presently exists or is hereafter amended and nothing in this       325          

chapter or Chapter 4123. of the Revised Code shall be construed    326          

as eliminating or interfering with Chapter 4117. of the Revised    327          

                                                          9      

                                                                 
Code or the rights and benefits conferred under that chapter to    328          

public employees or to any bargaining unit.                        329          

      (4)  Provide offices, equipment, supplies, and other         331          

facilities for the bureau.  The administrator also shall provide   333          

suitable office space in the service offices for the district      334          

hearing officers, the staff hearing officers, and commission       335          

employees as requested by the commission.                                       

      (5)  Prepare and submit to the oversight commission          338          

information the administrator considers pertinent or the           339          

oversight commission requires, together with the administrator's   342          

recommendations, in the form of administrative rules, for the      343          

advice and consent of the oversight commission, for                344          

classifications of occupations or industries, for premium rates    345          

and contributions, for the amount to be credited to the surplus    346          

fund, for rules and systems of rating, rate revisions, and merit   347          

rating.  The administrator shall obtain, prepare, and submit any   348          

other information the oversight commission requires for the        350          

prompt and efficient discharge of its duties.                      352          

      (6)  Keep the accounts required by division (A) of section   354          

4123.34 of the Revised Code and all other accounts and records     355          

necessary to the collection, administration, and distribution of   356          

the workers' compensation funds and shall obtain the statistical   357          

and other information required by section 4123.19 of the Revised   358          

Code.                                                              359          

      (7)  Exercise the investment powers vested in the            361          

administrator by section 4123.44 of the Revised Code in            362          

accordance with the investment objectives, policies, and criteria  364          

established by the oversight commission pursuant to section        365          

4121.12 of the Revised Code.  The administrator shall not engage   366          

in any prohibited investment activity specified by the oversight   367          

commission pursuant to division (F)(6) of section 4121.12 of the   368          

Revised Code.  All business shall be transacted, all funds         369          

invested, all warrants for money drawn and payments made, and all  370          

cash and securities and other property held, in the name of the    371          

                                                          10     

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

authorized by the administrator solely for the purpose of          373          

facilitating the transfer of securities, and restricted to the     374          

administrator and designated employees.                            375          

      (8)  Make contracts for and supervise the construction of    378          

any project or improvement or the construction or repair of        379          

buildings under the control of the bureau.                         380          

      (9)  Purchase supplies, materials, equipment, and services;  382          

make contracts for, operate, and superintend the telephone, other  383          

telecommunication, and computer services for the use of the        384          

bureau; and make contracts in connection with office               385          

reproduction, forms management, printing, and other services.      386          

      (10)  Separately from the budget the industrial commission   389          

submits, prepare and submit to the director of budget and          390          

management a budget for each biennium.  The budget submitted       391          

shall include estimates of the costs and necessary expenditures    392          

of the bureau in the discharge of any duty imposed by law as well  393          

as the costs of furnishing office space to the district hearing    394          

officers, staff hearing officers, and commission employees under   395          

division (D) of this section.                                      396          

      (11)  As promptly as possible in the course of efficient     398          

administration, decentralize and relocate such of the personnel    399          

and activities of the bureau as is appropriate to the end that     400          

the receipt, investigation, determination, and payment of claims   401          

may be undertaken at or near the place of injury or the residence  402          

of the claimant and for that purpose establish regional offices,   403          

in such places as the administrator considers proper, capable of   405          

discharging as many of the functions of the bureau as is           406          

practicable so as to promote prompt and efficient administration   407          

in the processing of claims.  All active and inactive lost-time    408          

claims files shall be held at the service office responsible for   409          

the claim.  A claimant, at the claimant's request, shall be        410          

provided with information by telephone as to the location of the   412          

file pertaining to claim.  The administrator shall ensure that     413          

                                                          11     

                                                                 
all service office employees report directly to the director for   414          

their service office.                                                           

      (12)  Provide a written binder on new coverage where the     416          

administrator considers it to be in the best interest of the       417          

risk.  The administrator, or any other person authorized by the    418          

administrator, shall grant the binder upon submission of a         420          

request for coverage by the employer.  A binder is effective for   421          

a period of thirty days from date of issuance and is               422          

nonrenewable.  Payroll reports and premium charges shall coincide  423          

with the effective date of the binder.                             424          

      (13)  Set standards for the reasonable and maximum handling  426          

time of claims payment functions, ensure, by rules, the impartial  427          

and prompt treatment of all claims and employer risk accounts,     428          

and establish a secure, accurate method of time stamping all       429          

incoming mail and documents hand delivered to bureau employees.    430          

      (14)  Ensure that all employees of the bureau follow the     432          

orders and rules of the commission as such orders and rules        433          

relate to the commission's overall adjudicatory policy-making and  434          

management duties under this chapter and Chapters 4123., 4127.,    435          

and 4131. of the Revised Code.                                     436          

      (15)  Manage and operate a data processing system with a     438          

common data base for the use of both the bureau and the            439          

commission and, in consultation with the commission, using         440          

electronic data processing equipment, shall develop a claims       441          

tracking system that is sufficient to monitor the status of a      442          

claim at any time and that lists appeals that have been filed and  443          

orders or determinations that have been issued pursuant to         444          

section 4123.511 or 4123.512 of the Revised Code, including the    445          

dates of such filings and issuances.                               446          

      (16)  Establish and maintain a medical section within the    448          

bureau.  The medical section shall do all of the following:        449          

      (a)  Assist the administrator in establishing standard       451          

medical fees, approving medical procedures, and determining        452          

eligibility and reasonableness of the compensation payments for    453          

                                                          12     

                                                                 
medical, hospital, and nursing services, and in establishing       454          

guidelines for payment policies which recognize usual, customary,  455          

and reasonable methods of payment for covered services;            456          

      (b)  Provide a resource to respond to questions from claims  458          

examiners for employees of the bureau;                             459          

      (c)  Audit fee bill payments;                                461          

      (d)  Implement a program to utilize, to the maximum extent   463          

possible, electronic data processing equipment for storage of      464          

information to facilitate authorizations of compensation payments  465          

for medical, hospital, drug, and nursing services;                 466          

      (e)  Perform other duties assigned to it by the              468          

administrator.                                                     469          

      (17)  Appoint, as the administrator determines necessary,    471          

panels to review and advise the administrator on disputes arising  473          

over a determination that a health care service or supply          474          

provided to a claimant is not covered under this chapter or        475          

Chapter 4123. of the Revised Code or is medically unnecessary.     476          

If an individual health care provider is involved in the dispute,  477          

the panel shall consist of individuals licensed pursuant to the    478          

same section of the Revised Code as such health care provider.     479          

      (18)  Pursuant to section 4123.65 of the Revised Code,       481          

approve applications for the final settlement of claims for        482          

compensation or benefits under this chapter and Chapters 4123.,    483          

4127., and 4131. of the Revised Code as the administrator          484          

determines appropriate, except in regard to the applications of    486          

self-insuring employers and their employees;                       487          

      (19)  Comply with section 3517.13 of the Revised Code, and   489          

except in regard to contracts entered into pursuant to the         492          

authority contained in section 4121.44 of the Revised Code,                     

comply with the competitive bidding procedures set forth in the    494          

Revised Code for all contracts into which the administrator        495          

enters provided that those contracts fall within the type of       496          

contracts and dollar amounts specified in the Revised Code for     497          

competitive bidding and further provided that those contracts are  498          

                                                          13     

                                                                 
not otherwise specifically exempt from the competitive bidding     499          

procedures contained in the Revised Code.                          500          

      (20)  Adopt, with the advice and consent of the oversight    502          

commission, rules for the operation of the bureau.  NO RULE        503          

ADOPTED BY THE ADMINISTRATOR SHALL BE CONSTRUED AS BARRING THE     504          

PARTICIPATION OF A PERSON WHO IS NOT ADMITTED TO THE PRACTICE OF   505          

LAW AS A REPRESENTATIVE OF A PARTY FOR THE PURPOSES OF ANY MATTER  506          

ARISING UNDER THIS CHAPTER AND CHAPTERS 4123., 4127., AND 4131.    507          

OF THE REVISED CODE, PROVIDED THAT THE REPRESENTATIVE OF THE                    

PARTY COMPLIES WITH RULES OF THE ADMINISTRATOR.                    508          

      (21)  Prepare and submit to the oversight commission         510          

information the administrator considers pertinent or the           511          

oversight commission requires, together with the administrator's   512          

recommendations, in the form of administrative rules, for the      513          

advice and consent of the oversight commission, for the health     514          

partnership program and the qualified health plan system, as                    

provided in sections 4121.44, 4121.441, and 4121.442 of the        515          

Revised Code.                                                                   

      (C)  The administrator, with the advice and consent of the   517          

senate, shall appoint a chief operating officer who has            519          

significant experience in the field of workers' compensation       520          

insurance or other similar insurance industry experience if the                 

administrator does not possess such experience.  The chief         521          

operating officer shall not commence the chief operating           522          

officer's duties until after the senate consents to the chief      523          

operating officer's appointment.  The chief operating officer      524          

shall serve in the unclassified civil service of the state.        525          

      Sec. 4121.32.  (A)  The rules covering operating procedure   533          

and criteria for decision-making that the administrator of         534          

workers' compensation and the industrial commission are required   535          

to adopt pursuant to section 4121.31 of the Revised Code shall be  536          

supplemented with operating manuals setting forth the procedural   537          

steps in detail for performing each of the assigned tasks of each  538          

section of the bureau of workers' compensation and commission.     539          

                                                          14     

                                                                 
The administrator and commission jointly shall adopt such          540          

manuals.  No employee may deviate from manual procedures without   541          

authorization of the section chief.                                542          

      (B)  Manuals shall set forth the procedure for the           544          

assignment and transfer of claims within sections and be designed  545          

to provide performance objectives and may require employees to     546          

record sufficient data to reasonably measure the efficiency of     547          

functions in all sections.  The bureau's division of research and  548          

statistics shall perform periodic cost-effectiveness analyses      549          

which shall be made available to the general assembly, the         550          

governor, and to the public during normal working hours.           551          

      (C)  The bureau and commission jointly shall develop,        553          

adopt, and use a policy manual setting forth the guidelines and    554          

bases for decision-making for any decision which is the            555          

responsibility of the bureau, district hearing officers, staff     556          

hearing officers, or the commission.  Guidelines shall be set      557          

forth in the policy manual by the bureau and commission to the     558          

extent of their respective jurisdictions for deciding at least     559          

the following specific matters:                                    560          

      (1)  Reasonable ambulance services;                          562          

      (2)  Relationship of drugs to injury;                        564          

      (3)  Awarding lump-sum advances for creditors;               566          

      (4)  Awarding lump-sum advances for attorney's fees;         568          

      (5)  Placing a claimant, INCLUDING A CLAIMANT WHOSE          570          

EMPLOYER IS A SELF-INSURING EMPLOYER, into rehabilitation;         571          

      (6)  Transferring costs of a claim from employer costs to    573          

the statutory surplus fund pursuant to section 4123.343 of the     574          

Revised Code;                                                      575          

      (7)  Utilization of physician specialist reports;            577          

      (8)  Determining the percentage of permanent partial         579          

disability, temporary IMPAIRMENT IN ACCORDANCE WITH THE MOST       580          

RECENT EDITION OF THE AMERICAN MEDICAL ASSOCIATION'S GUIDES TO     581          

THE EVALUATION OF PERMANENT IMPAIRMENT;                            582          

      (9)  DETERMINING THE PERCENTAGE OF TEMPORARY partial         584          

                                                          15     

                                                                 
disability, temporary total disability, violations of specific     587          

safety requirements, an award under division (B) of section        588          

4123.57 of the Revised Code, and permanent total disability        589          

IMPAIRMENT.                                                                     

      (D)  The bureau shall establish, adopt, and implement        591          

policy guidelines and bases for decisions involving reimbursement  592          

issues including, but not limited to, the adjustment of invoices,  593          

the reduction of payments for future services when an internal     594          

audit concludes that a health care provider was overpaid or                     

improperly paid for past services, reimbursement fees, or other    595          

adjustments to payments.  These policy guidelines and bases for    596          

decisions, and any changes to the guidelines and bases, shall be   597          

set forth in a reimbursement manual and provider bulletins.        598          

      Neither the policy guidelines nor the bases set forth in     600          

the reimbursement manual or provider bulletins referred to in      601          

this division is a rule as defined in section 119.01 of the        602          

Revised Code.                                                                   

      (E)  With respect to any determination of disability OR      604          

IMPAIRMENT under Chapter 4123. of the Revised Code, when the       606          

physician makes a determination based upon statements or           607          

information furnished by the claimant or upon subjective           608          

evidence, he THE PHYSICIAN shall clearly indicate this fact in     610          

his THE PHYSICIAN'S report.                                                     

      (F)  The administrator shall publish the manuals and make    612          

copies of all manuals available to interested parties at cost.     613          

      Sec. 4121.34.  (A)  The industrial commission shall appoint  622          

a sufficient number of district hearing officers for the purpose   623          

of hearing the matters listed in division (B) of this section.     624          

District hearing officers are in the classified civil service of   625          

the state, are full-time employees of the commission, and shall    626          

be persons admitted to the practice of law in this state.          628          

District hearing officers shall not engage in any other activity                

that interferes with their full-time employment by the commission  629          

during normal working hours.                                       630          

                                                          16     

                                                                 
      (B)  District hearing officers shall have original           632          

jurisdiction on all of the following matters:                      633          

      (1)  Determinations under section 4123.57 of the Revised     635          

Code;                                                              636          

      (2)  All appeals from a decision of the administrator of     638          

workers' compensation under division (B) of section 4123.511 of    639          

the Revised Code;                                                  640          

      (3)  All other contested claims matters under this chapter   642          

and Chapters 4123., 4127., and 4131. of the Revised Code, except   643          

those matters over which staff hearing officers have original      644          

jurisdiction.                                                      645          

      (C)  The administrator of workers' compensation shall make   647          

available to each district hearing officer the facilities and      648          

assistance of bureau employees and furnish all information         649          

necessary to the performance of the district hearing officer's     650          

duties.                                                            651          

      (D)  A DISTRICT HEARING OFFICER SHALL REPORT TO THE          653          

INSPECTION DIVISION OF THE BUREAU OF WORKERS' COMPENSATION         654          

SUSPECTED FRAUDULENT ACTIVITY PERTAINING TO THE OPERATION OF THE   655          

WORKERS' COMPENSATION SYSTEM AND ITS SEVERAL INSURANCE FUNDS AS    656          

EVIDENCED DURING ANY HEARING IN WHICH THE HEARING OFFICER IS       657          

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

HEARING.  A DISTRICT HEARING OFFICER SHALL BE HELD HARMLESS FOR    658          

SUBMITTING A REPORT UNDER THIS DIVISION.  THE INSPECTION DIVISION  659          

SHALL MAINTAIN IN CONFIDENCE THE IDENTITY OF ANY HEARING OFFICER   660          

WHO SUBMITS A REPORT UNDER THIS DIVISION.                          661          

      Sec. 4121.35.  (A)  The industrial commission shall appoint  670          

staff hearing officers to consider and decide all matters          671          

specified in division (B) of this section.  All staff hearing      672          

officers are full-time employees of the commission and shall be    673          

admitted to the practice of law in this state.  Staff hearing      674          

officers shall not engage in any other activity that interferes    676          

with their full-time employment by the commission during normal    677          

working hours.                                                                  

                                                          17     

                                                                 
      (B)  Except as provided in division (D) of this section,     679          

staff hearing officers have original jurisdiction to hear and      680          

decide the following matters:                                      681          

      (1)  Applications for permanent, total disability            683          

IMPAIRMENT awards pursuant to section 4123.58 of the Revised       685          

Code;                                                                           

      (2)  Appeals from an order of a district hearing officer     687          

issued under division (C) of section 4123.511 of the Revised       688          

Code;                                                              689          

      (3)  Applications for additional awards for violation of a   691          

specific safety rule of the administrator of workers'              692          

compensation pursuant to Section 35 of Article II of the Ohio      693          

Constitution;                                                      694          

      (4)  Applications for reconsideration pursuant to division   696          

(A) of section 4123.57 of the Revised Code.  Decisions of the      697          

staff hearing officers on reconsideration pursuant to division     698          

(A) of section 4123.57 of the Revised Code are final.              699          

      (5)  Reviews of settlement agreements pursuant to section    701          

4123.65 of the Revised Code.  Decisions of the staff hearing       702          

officer under that section are final and not appealable to the     703          

commission or to court under section 4123.511 or 4123.512 of the   704          

Revised Code.                                                      705          

      (C)  The decision of a staff hearing officer under division  707          

(D) of section 4123.511 of the Revised Code is the decision of     708          

the commission for the purposes of section 4123.512 of the         709          

Revised Code unless the commission hears an appeal under division  710          

(E) of section 4123.511 of the Revised Code.                       711          

      (D)  Staff hearing officers shall hold hearings on all       713          

matters referred to them for hearing.  Hearing procedures shall    714          

conform to the rules the commission adopts pursuant to section     715          

4121.36 of the Revised Code.                                       716          

      (E)  A STAFF HEARING OFFICER SHALL REPORT TO THE INSPECTION  719          

DIVISION OF THE BUREAU OF WORKERS' COMPENSATION SUSPECTED          720          

FRAUDULENT ACTIVITY PERTAINING TO THE OPERATION OF THE WORKERS'                 

                                                          18     

                                                                 
COMPENSATION SYSTEM AND ITS SEVERAL INSURANCE FUNDS AS EVIDENCED   721          

DURING ANY HEARING IN WHICH THE HEARING OFFICER IS PRESENT OR AS   722          

EVIDENCED BY ANY MATERIAL SUBMITTED FOR USE IN A HEARING.  A       723          

STAFF HEARING OFFICER SHALL BE HELD HARMLESS FOR SUBMITTING A      724          

REPORT UNDER THIS DIVISION.  THE INSPECTION DIVISION SHALL         725          

MAINTAIN IN CONFIDENCE THE IDENTITY OF ANY HEARING OFFICER WHO                  

SUBMITS A REPORT UNDER THIS DIVISION.                              726          

      Sec. 4121.36.  (A)  The industrial commission shall adopt    735          

rules as to the conduct of all hearings before the commission and  736          

its staff and district hearing officers and the rendering of a     737          

decision and shall focus such rules on managing, directing, and    738          

otherwise ensuring a fair, equitable, and uniform hearing          739          

process.  These rules shall provide for at least the following     740          

steps and procedures:                                              741          

      (1)  Adequate notice to all parties and their                743          

representatives to ensure that no hearing is conducted unless all  744          

parties have the opportunity to be present and to present          745          

evidence and arguments in support of their positions or in         746          

rebuttal to the evidence or arguments of other parties;            747          

      (2)  A public hearing;                                       749          

      (3)  Written decisions;                                      751          

      (4)  Impartial assignment of staff and district hearing      753          

officers and assignment of appeals from a decision of the          754          

administrator of workers' compensation to a district hearing       755          

officer located at the commission service office that is the       756          

closest in geographic proximity to the claimant's residence;       758          

      (5)  Publication of a docket;                                760          

      (6)  The securing of the attendance or testimony of          762          

witnesses;                                                         763          

      (7)  Prehearing rules, including rules relative to           765          

discovery, the taking of depositions, and exchange of information  766          

relevant to a claim prior to the conduct of a hearing;             767          

      (8)  The issuance of orders by the district or staff         769          

hearing officer who renders the decision.                          770          

                                                          19     

                                                                 
      NOTHING IN DIVISION (A) OF THIS SECTION SHALL BE CONSTRUED   773          

AS BARRING THE PARTICIPATION OF A PERSON WHO IS NOT ADMITTED TO    774          

THE PRACTICE OF LAW AS A REPRESENTATIVE OF A PARTY FOR THE         775          

PURPOSES OF ANY MATTER ARISING UNDER THIS CHAPTER AND CHAPTERS     776          

4123., 4127., AND 4131. OF THE REVISED CODE, PROVIDED THAT THE     779          

REPRESENTATIVE OF THE PARTY COMPLIES WITH RULES OF THE             780          

COMMISSION.  NO PERSON OTHER THAN AN ATTORNEY WHO IS ADMITTED TO   781          

THE PRACTICE OF LAW MAY RENDER ADVICE OR SERVICES IN THE           782          

PREPARATION OR PRESENTATION OF A CLAIM ARISING UNDER THIS CHAPTER  784          

OR CHAPTER 4123., 4127., OR 4131. OF THE REVISED CODE IF A FEE     786          

FOR THE ADVICE OR SERVICES IS TO BE RECEIVED FROM OR CHARGED       787          

AGAINST THE PERSON HAVING THE CLAIM.                               788          

      (B)  Every decision by a staff or district hearing officer   790          

or the commission shall be in writing and contain all of the       791          

following elements:                                                792          

      (1)  A concise statement of the order or award;              794          

      (2)  A notation as to notice provided and as to appearance   796          

of parties;                                                        797          

      (3)  Signatures of each commissioner COMMISSION MEMBER or    799          

appropriate hearing officer on the original copy of the decision   800          

only, verifying the commissioner's or hearing officer's vote;      802          

      (4)  Description of the part of the body and nature of the   804          

disability recognized in the claim.                                805          

      (C)  The commission shall adopt rules that require the       807          

regular rotation of district hearing officers with respect to the  808          

types of matters under consideration and that ensure that no       809          

district or staff hearing officer or the commission hears a claim  810          

unless all interested and affected parties have the opportunity    811          

to be present and to present evidence and arguments in support of  812          

their positions or in rebuttal to the evidence or arguments of     813          

other parties.                                                     814          

      (D)  All matters which, at the request of one of the         816          

parties or on the initiative of the administrator and any          817          

commissioner COMMISSION MEMBER, are to be expedited, shall         818          

                                                          20     

                                                                 
require at least forty-eight hours' notice, a public hearing, and  820          

a statement in any order of the circumstances that justified such  821          

expeditious hearings.                                              822          

      (E)  All meetings of the commission and district and staff   824          

hearing officers shall be public with adequate notice, including   825          

if necessary, to the claimant, the employer, their                 826          

representatives, and the administrator.  Confidentiality of        827          

medical evidence presented at a hearing does not constitute a      828          

sufficient ground to relieve the requirement of a public hearing,  829          

but the presentation of privileged or confidential evidence shall  830          

not create any greater right of public inspection of evidence      831          

than presently exists.                                             832          

      (F)  The commission shall compile all of its original        834          

memorandums, orders, and decisions in a journal and make the       835          

journal available to the public with sufficient indexing to allow  836          

orderly review of documents.  The journal shall indicate the vote  837          

of each commissioner COMMISSION MEMBER.                            838          

      (G)(1)  All original orders, rules, and memoranda, and       840          

decisions of the commission shall contain the signatures of two    842          

of the three commissioners COMMISSION MEMBERS and state whether    843          

adopted at a meeting of the commission or by circulation to        845          

individual commissioners COMMISSION MEMBERS.  Any facsimile or     847          

secretarial signature, initials of commissioners COMMISSION        848          

MEMBERS, and delegated employees, and any printed record of the    849          

"yes" and "no" vote of a commission member or of a hearing         850          

officer on such original is invalid.                               852          

      (2)  Written copies of final decisions of district or staff  854          

hearing officers or the commission that are mailed to the          855          

administrator, employee, employer, and their respective            856          

representatives need not contain the signatures of the hearing     857          

officer or commission members if the hearing officer or            858          

commission members have complied with divisions (B)(3) and (G)(1)  859          

of this section.                                                                

      (H)  The commission shall do both of the following:          861          

                                                          21     

                                                                 
      (1)  Appoint an individual as a hearing officer trainer who  863          

is in the unclassified civil service of the state and who serves   864          

at the pleasure of the commission.  The trainer shall be an        865          

attorney registered to practice law in this state and have         866          

experience in training or education, and the ability to furnish    867          

the necessary training for district and staff hearing officers.    868          

      The hearing officer trainer shall develop and periodically   870          

update a training manual and such other training materials and     871          

courses as will adequately prepare district and staff hearing      872          

officers for their duties under this chapter and Chapter 4123. of  873          

the Revised Code.  All district and staff hearing officers shall   874          

undergo the training courses developed by the hearing officer      875          

trainer, the cost of which the commission shall pay.  The          876          

commission shall make the hearing officer manual and all           877          

revisions thereto available to the public at cost.                 878          

      The commission shall have the final right of approval over   880          

all training manuals, courses, and other materials the hearing     881          

officer trainer develops and updates.                              882          

      (2)  Appoint a hearing administrator, who shall be in the    884          

classified civil service of the state, for each bureau service     885          

office, and sufficient support personnel for each hearing          886          

administrator, which support personnel shall be under the direct   887          

supervision of the hearing administrator.  The hearing             888          

administrator shall do all of the following:                       889          

      (a)  Assist the commission in ensuring that district         891          

hearing officers comply with the time limitations for the holding  892          

of hearings and issuance of orders under section 4123.511 of the   893          

Revised Code.  For that purpose, each hearing administrator shall  894          

prepare a monthly report identifying the status of all claims in   895          

its office and identifying specifically the claims which have not  896          

been decided within the time limits set forth in section 4123.511  897          

of the Revised Code.  The commission shall submit an annual        898          

report of all such reports to the standing committees of the       899          

house of representatives and of the state to which matters         900          

                                                          22     

                                                                 
concerning workers' compensation are normally referred.            901          

      (b)  Provide information to requesting parties or their      903          

representatives on the status of their claim;                      904          

      (c)  Issue compliance letters, upon a finding of good cause  906          

and without a formal hearing in all of the following areas:        907          

      (i)  Divisions (B) and (C) of section 4123.651 of the        909          

Revised Code;                                                      910          

      (ii)  Requests for the taking of depositions of bureau and   912          

commission physicians;                                             913          

      (iii)  The issuance of subpoenas;                            915          

      (iv)  The granting or denying of requests for continuances;  917          

      (v)  Matters involving section 4123.522 of the Revised       919          

Code;                                                              920          

      (vi)  Requests for conducting telephone pre-hearing          922          

conferences;                                                       923          

      (vii)  Any other matter that will cause a free exchange of   925          

information prior to the formal hearing.                           926          

      (d)  Ensure that claim files are reviewed by the district    928          

hearing officer prior to the hearing to ensure that there is       929          

sufficient information to proceed to a hearing;                    930          

      (e)  Ensure that for occupational disease claims under       932          

section 4123.68 of the Revised Code that require a medical         933          

examination the medical examination is conducted prior to the      934          

hearing;                                                           935          

      (f)  Take the necessary steps to prepare a claim to proceed  937          

to a hearing where the parties agree and advise the hearing        938          

administrator that the claim is not ready for a hearing.           940          

      (I)  The commission shall permit any person direct access    942          

to information contained in electronic data processing equipment   943          

regarding the status of a claim in the hearing process.  The       944          

information shall indicate the number of days that the claim has   945          

been in process, the number of days the claim has been in its      946          

current location, and the number of days in the current point of   947          

the process within that location.                                  948          

                                                          23     

                                                                 
      (J)(1)  The industrial commission may establish an           950          

alternative dispute resolution process for workers' compensation   951          

claims that are within the commission's jurisdiction under         953          

Chapters 4121., 4123., 4127., and 4131. of the Revised Code when   955          

the commission determines that such a process is necessary.        956          

Notwithstanding sections 4121.34 and 4121.35 of the Revised Code,  957          

the commission may enter into personal service contracts with      958          

individuals who are qualified because of their education and       959          

experience to act as facilitators in the commission's alternative  960          

dispute resolution process.                                                     

      (2)  The parties' use of the alternative dispute resolution  962          

process is voluntary, and requires the agreement of all necessary  963          

parties.  The use of the alternative dispute resolution process    965          

does not alter the rights or obligations of the parties, nor does  967          

it delay the timelines set forth in section 4123.511 of the        968          

Revised Code.                                                      969          

      (3)  The commission shall prepare monthly reports and        971          

submit those reports to the governor, the president of the         972          

senate, and the speaker of the house of representatives            973          

describing all of the following:                                                

      (a)  The names of each facilitator employed under a          975          

personal service contract;                                         976          

      (b)  The hourly amount of money and the total amount of      979          

money paid to each facilitator;                                                 

      (c)  The number of disputed issues resolved during that      982          

month by each facilitator;                                                      

      (d)  The number of decisions of each facilitator that were   985          

appealed by a party;                                                            

      (e)  A certification by the commission that the alternative  988          

dispute resolution process did not delay any hearing timelines as               

set forth in section 4123.511 of the Revised Code for any          990          

disputed issue.                                                                 

      (4)  The commission may adopt rules in accordance with       992          

Chapter 119. of the Revised Code for the administration of any     995          

                                                          24     

                                                                 
alternative dispute resolution process that the commission         996          

establishes.                                                                    

      Sec. 4121.38.  (A)  The industrial commission shall DO ALL   1,005        

OF THE FOLLOWING:                                                  1,006        

      (1)  Implement a program of impairment evaluation training   1,008        

for its staff physicians;                                          1,009        

      (2)  Issue a manual of commission policy as to impairment    1,011        

evaluation so as to increase consistency of medical reports,       1,012        

INCLUDING, BUT NOT LIMITED TO, A POLICY REQUIRING THE USE OF THE   1,013        

MOST RECENT EDITION OF THE AMERICAN MEDICAL ASSOCIATION'S GUIDES   1,014        

TO THE EVALUATION OF PERMANENT IMPAIRMENT FOR THE EVALUATION OF    1,015        

PERMANENT PARTIAL IMPAIRMENT CLAIMS.  This manual shall be         1,017        

available to the public at cost but shall be provided free to all  1,018        

physicians who treat claimants or to whom claimants are referred   1,019        

for evaluation.  The commission shall take steps to ensure that    1,020        

the manual receives the widest possible distribution to            1,021        

physicians.                                                                     

      (3)  Develop a method of peer review of medical reports      1,023        

prepared by the commission referral doctors;                       1,024        

      (4)  Issue a policy manual as to the basis upon which        1,026        

referrals to other than commission specialists will be made;       1,027        

      (5)  Designate two hearing examiners and two medical staff   1,029        

members who shall be specially trained in medical-legal analysis.  1,030        

The specialists shall write evaluations of medical-legal problems  1,031        

upon assignment by other hearing examiners or the commission. The  1,033        

director of administrative services upon commission advice shall   1,034        

assign such employees to a salary schedule commensurate with       1,035        

expertise required of them.                                                     

      (6)  Require that prior to any examination, a physician to   1,037        

whom a claimant is referred for examination receives all           1,038        

necessary medical information in the claim file about the          1,039        

claimant and a complete statement as to the purpose of the         1,040        

examination.                                                       1,041        

      (B)  The commission may establish a medical section within   1,043        

                                                          25     

                                                                 
the commission to perform the duties assigned to the commission    1,044        

under this section.                                                1,045        

      Sec. 4121.44.  (A)  The administrator of workers'            1,054        

compensation shall oversee the implementation of the Ohio          1,055        

workers' compensation qualified health plan system as established  1,056        

under section 4121.442 of the Revised Code.                        1,057        

      (B)  The administrator shall direct the implementation of    1,060        

the health partnership program administered by the bureau as set   1,061        

forth in section 4121.441 of the Revised Code. To implement the    1,062        

health partnership program, the bureau:                                         

      (1)  Shall certify one or more external vendors to provide   1,064        

medical management and cost containment services in the health     1,065        

partnership program for a period of two years beginning on the     1,067        

date of certification, consistent with the standards established   1,068        

under this section; AND                                                         

      (2)  May recertify external vendors for an additional        1,071        

period of two years upon the expiration of the certification set   1,072        

forth in division (B)(1) of this section; and                      1,073        

      (3)  May integrate the certified vendors with bureau staff   1,076        

and existing bureau services for purposes of operation and                      

training to allow the bureau to assume operation of the health     1,077        

partnership program at the conclusion of the certification         1,079        

periods set forth in division (B)(1) or (2) of this section.       1,080        

      (C)  Any vendor selected shall demonstrate all of the        1,082        

following:                                                         1,083        

      (1)  Arrangements and reimbursement agreements with a        1,085        

substantial number of the medical, professional and pharmacy       1,086        

providers currently being utilized by claimants.                   1,087        

      (2)  Ability to accept a common format of medical bill data  1,089        

in an electronic fashion from any provider who wishes to submit    1,090        

medical bill data in that form.                                    1,091        

      (3)  A computer system able to handle the volume of medical  1,093        

bills and willingness to customize that system to the bureau's     1,095        

needs and to be operated by the vendor's staff, bureau staff, or   1,096        

                                                          26     

                                                                 
some combination of both staffs.                                                

      (4)  A prescription drug system where pharmacies on a        1,098        

statewide basis have access to the eligibility and pricing, at a   1,099        

discounted rate, of all prescription drugs.                        1,100        

      (5)  A tracking system to record all telephone calls from    1,102        

claimants and providers regarding the status of submitted medical  1,104        

bills so as to be able to track each inquiry.                                   

      (6)  Data processing capacity to absorb all of the bureau's  1,106        

medical bill processing or at least that part of the processing    1,107        

which the bureau arranges to delegate.                             1,108        

      (7)  Capacity to store, retrieve, array, simulate, and       1,110        

model in a relational mode all of the detailed medical bill data   1,111        

so that analysis can be performed in a variety of ways and so      1,112        

that the bureau and its governing authority can make informed      1,113        

decisions.                                                         1,114        

      (8)  Wide variety of software programs which translate       1,116        

medical terminology into standard codes, and which reveal if a     1,117        

provider is manipulating the procedures codes, commonly called     1,119        

"unbundling."                                                                   

      (9)  Necessary professional staff to conduct, at a minimum,  1,121        

authorizations for treatment, medical necessity, utilization       1,122        

review, concurrent review, post-utilization review, and have the   1,123        

attendant computer system which supports such activity and         1,124        

measures the outcomes and the savings.                             1,125        

      (10)  Management experience and flexibility to be able to    1,127        

react quickly to the needs of the bureau in the case of required   1,128        

change in federal or state requirements.                           1,129        

      (D)  The administrator may limit freedom of choice of        1,133        

health care provider or supplier by requiring, beginning with the  1,134        

period set forth in division (B)(1) or (2) of this section, that   1,135        

claimants shall pay an appropriate out-of-plan co-pay for          1,137        

selecting a medical provider not within the health partnership     1,138        

program as provided for in this section.                                        

      (E)  The administrator, six months prior to the expiration   1,141        

                                                          27     

                                                                 
of the bureau's certification or recertification of the vendor or  1,142        

vendors as set forth in division (B)(1) or (2) of this section,    1,144        

may certify and provide evidence to the governor, the speaker of   1,145        

the house of representatives, and the president of the senate      1,146        

that the existing bureau staff is able to match or exceed the      1,147        

performance and outcomes of the external vendor or vendors and     1,148        

that the bureau should be permitted to internally administer the   1,149        

health partnership program upon the expiration of the              1,150        

certification or recertification as set forth in division (B)(1)   1,151        

or (2) of this section.                                                         

      (F)  The administrator shall establish and operate a bureau  1,153        

of workers' compensation health care data program.  The            1,155        

administrator may contract with the Ohio health care data center   1,156        

for such purposes.  The administrator shall develop reporting      1,157        

requirements from all employees, employers and medical providers,  1,158        

medical vendors, and plans that participate in the workers'        1,159        

compensation system.  The administrator shall do all of the        1,160        

following:                                                                      

      (1)  Utilize the collected data to measure and perform       1,162        

comparison analyses of costs, quality, appropriateness of medical  1,163        

care, and effectiveness of medical care delivered by all           1,165        

components of the workers' compensation system.                                 

      (2)  Compile data to support activities of the selected      1,167        

vendor or vendors and to measure the outcomes and savings of the   1,168        

health partnership program.                                        1,169        

      (3)  Publish and report compiled data to the governor, the   1,171        

speaker of the house of representatives, and the president of the  1,172        

senate on the first day of each January and July, the measures of  1,174        

outcomes and savings of the health partnership program and the     1,175        

qualified health plan system.  The administrator shall protect     1,176        

the confidentiality of all proprietary pricing data.               1,177        

      (G)(F)  Any rehabilitation facility the bureau operates is   1,179        

eligible for inclusion in the Ohio workers' compensation           1,180        

qualified health plan system or the health partnership program     1,181        

                                                          28     

                                                                 
under the same terms as other providers within health care plans   1,182        

or the program.                                                    1,183        

      (H)(G)  In areas outside the state or within the state       1,185        

where no qualified health plan or an inadequate number of          1,186        

providers within the health partnership program exist, the         1,187        

administrator shall permit employees to use a nonplan or           1,188        

nonprogram health care provider and shall pay the provider for     1,189        

the services or supplies provided to or on behalf of an employee   1,190        

for an injury or occupational disease that is compensable under    1,191        

this chapter or Chapter 4123., 4127., or 4131. of the Revised      1,192        

Code on a fee schedule the administrator adopts.                   1,193        

      (I)(H)  No certified health care provider shall charge,      1,195        

assess, or otherwise attempt to collect from an employee,          1,196        

employer, a managed care organization, or the bureau any amount    1,197        

for covered services or supplies that is in excess of the allowed  1,198        

amount paid by a managed care organization, the bureau, or a       1,199        

qualified health plan.                                             1,200        

      (J)(I)  The administrator shall permit any employer or       1,202        

group of employers who agree to abide by the rules adopted under   1,203        

this section and sections 4121.441 and 4121.442 of the Revised     1,204        

Code to provide services or supplies to or on behalf of an         1,205        

employee for an injury or occupational disease that is             1,206        

compensable under this chapter or Chapter 4123., 4127., or 4131.   1,207        

of the Revised Code through qualified health plans of the Ohio     1,208        

workers' compensation qualified health plan system pursuant to     1,209        

section 4121.442 of the Revised Code or through the health         1,210        

partnership program pursuant to section 4121.441 of the Revised    1,211        

Code.  No amount paid under the qualified health plan system       1,212        

pursuant to section 4121.442 of the Revised Code by an employer    1,213        

who is a state fund employer shall be charged to the employer's    1,214        

experience or otherwise be used in merit-rating or determining     1,215        

the risk of that employer for the purpose of the payment of        1,216        

premiums under this chapter, and if the employer is a              1,217        

self-insuring employer, the employer shall not include that        1,218        

                                                          29     

                                                                 
amount in the paid compensation the employer reports under         1,219        

section 4123.35 of the Revised Code.                                            

      Sec. 4121.444.  (A)  NO HEALTH CARE PROVIDER, MANAGED CARE   1,221        

ORGANIZATION, OR OWNER OF A HEALTH CARE PROVIDER OR MANAGED CARE   1,222        

ORGANIZATION SHALL OBTAIN OR ATTEMPT TO OBTAIN PAYMENTS BY         1,223        

DECEPTION UNDER CHAPTER 4121., 4123., 4127., OR 4131. OF THE       1,224        

REVISED CODE TO WHICH THE HEALTH CARE PROVIDER, MANAGED CARE       1,225        

ORGANIZATION, OR OWNER IS NOT ENTITLED UNDER RULES OF THE BUREAU   1,226        

OF WORKERS' COMPENSATION ADOPTED PURSUANT TO SECTIONS 4121.441     1,227        

AND 4121.442 OF THE REVISED CODE.                                  1,228        

      (B)  ANY HEALTH CARE PROVIDER, MANAGED CARE ORGANIZATION,    1,230        

OR OWNER THAT VIOLATES DIVISION (A) OF THIS SECTION IS LIABLE, IN  1,232        

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

FOLLOWING PENALTIES:                                               1,233        

      (1)  PAYMENT OF INTEREST ON THE AMOUNT OF THE EXCESS         1,235        

PAYMENTS AT THE MAXIMUM INTEREST RATE ALLOWABLE FOR REAL ESTATE    1,236        

MORTGAGES UNDER SECTION 1343.01 OF THE REVISED CODE.  THE          1,237        

INTEREST SHALL BE CALCULATED FROM THE DATE THE PAYMENT WAS MADE    1,238        

TO THE OWNER, HEALTH CARE PROVIDER, OR MANAGED CARE ORGANIZATION   1,240        

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

THE SELF-INSURING EMPLOYER.                                        1,242        

      (2)  PAYMENT OF AN AMOUNT EQUAL TO THREE TIMES THE AMOUNT    1,244        

OF ANY EXCESS PAYMENTS;                                            1,245        

      (3)  UPON PROOF OF A SPECIFIC INTENT OF THE HEALTH CARE      1,248        

PROVIDER, MANAGED CARE ORGANIZATION, OR OWNER TO DEFRAUD, PAYMENT  1,250        

OF A SUM OF NOT LESS THAN FIVE THOUSAND DOLLARS AND NOT MORE THAN  1,252        

TEN THOUSAND DOLLARS FOR EACH ACT OF DECEPTION;                                 

      (4)  ALL REASONABLE AND NECESSARY EXPENSES THAT THE COURT    1,254        

DETERMINES HAVE BEEN INCURRED BY THE BUREAU OR THE SELF-INSURING   1,255        

EMPLOYER IN THE ENFORCEMENT OF THIS SECTION.                       1,257        

      ALL MONEYS COLLECTED BY THE BUREAU PURSUANT TO THIS SECTION  1,259        

SHALL BE DEPOSITED INTO THE STATE INSURANCE FUND CREATED IN        1,260        

SECTION 4123.30 OF THE REVISED CODE.  ALL MONEYS COLLECTED BY A    1,262        

SELF-INSURING EMPLOYER PURSUANT TO THIS SECTION SHALL BE AWARDED   1,263        

                                                          30     

                                                                 
TO THE SELF-INSURING EMPLOYER.                                     1,264        

      (C)(1)  IN ADDITION TO THE MONETARY PENALTIES PROVIDED IN    1,267        

DIVISION (B) OF THIS SECTION AND EXCEPT AS PROVIDED IN DIVISION    1,268        

(C)(3) OF THIS SECTION, THE ADMINISTRATOR MAY TERMINATE, FOR A     1,269        

PERIOD NOT TO EXCEED FIVE YEARS FROM THE DATE OF CONVICTION, PLEA  1,270        

OF GUILTY, OR JUDGMENT ENTRY, ANY AGREEMENT BETWEEN THE BUREAU     1,271        

AND A HEALTH CARE PROVIDER OR MANAGED CARE ORGANIZATION OR ITS     1,272        

OWNER AND CEASE REIMBURSEMENT TO THAT PROVIDER, ORGANIZATION, OR   1,273        

OWNER FOR SERVICES RENDERED IF ANY OF THE FOLLOWING APPLY:         1,274        

      (a)  THE HEALTH CARE PROVIDER, MANAGED CARE ORGANIZATION,    1,277        

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

MANAGER, OR EMPLOYEE OF A PROVIDER OR ORGANIZATION IS CONVICTED    1,278        

OF OR PLEADS GUILTY TO A VIOLATION OF SECTIONS 2913.48 OR 2923.31  1,280        

TO 2923.36 OF THE REVISED CODE.                                                 

      (b)  THERE EXISTS AN ENTRY OF JUDGMENT AGAINST THE HEALTH    1,283        

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

OFFICER, AUTHORIZED AGENT, ASSOCIATE, MANAGER, OR EMPLOYEE OF A    1,284        

PROVIDER OR ORGANIZATION AND PROOF OF THE SPECIFIC INTENT OF THE   1,286        

HEALTH CARE PROVIDER, MANAGED CARE ORGANIZATION, OR OWNER TO                    

DEFRAUD, IN A CIVIL ACTION BROUGHT PURSUANT TO THIS SECTION.       1,287        

      (c)  THERE EXISTS AN ENTRY OF JUDGMENT AGAINST THE HEALTH    1,289        

CARE PROVIDER, MANAGED CARE ORGANIZATION, OR ITS OWNER, OR AN      1,290        

OFFICER, AUTHORIZED AGENT, ASSOCIATE, MANAGER, OR EMPLOYEE OF A    1,291        

PROVIDER OR ORGANIZATION IN A CIVIL ACTION BROUGHT PURSUANT TO     1,293        

SECTIONS 2923.31 TO 2923.36 OF THE REVISED CODE.                   1,294        

      (2)  NO HEALTH CARE PROVIDER OR MANAGED CARE ORGANIZATION    1,296        

THAT HAS HAD ITS AGREEMENT WITH AND REIMBURSEMENT FROM THE BUREAU  1,297        

TERMINATED BY THE ADMINISTRATOR PURSUANT TO DIVISION (C)(1) OF     1,298        

THIS SECTION, OR AN OWNER, OFFICER, AUTHORIZED AGENT, ASSOCIATE,   1,300        

MANAGER, OR EMPLOYEE OF THAT HEALTH CARE PROVIDER OR MANAGED CARE  1,301        

ORGANIZATION SHALL DO ANY OF THE FOLLOWING:                                     

      (a)  DIRECTLY PROVIDE SERVICES TO ANY OTHER BUREAU PROVIDER  1,304        

OR HAVE AN OWNERSHIP INTEREST IN A PROVIDER OF SERVICES THAT                    

FURNISHES SERVICES TO ANY OTHER BUREAU PROVIDER;                   1,306        

                                                          31     

                                                                 
      (b)  ARRANGE FOR, RENDER, OR ORDER SERVICES FOR CLAIMANTS    1,309        

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

MANAGED CARE ORGANIZATION, OR ITS OWNER IS TERMINATED AS           1,310        

DESCRIBED IN DIVISION (C)(1) OF THIS SECTION;                      1,311        

      (c)  RECEIVE REIMBURSEMENT IN THE FORM OF DIRECT PAYMENTS    1,314        

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

OF SALARIES, SHARED FEES, CONTRACTS, KICKBACKS, OR REBATES FROM    1,315        

OR THROUGH ANY PARTICIPATING PROVIDER.                             1,316        

      (3)  THE ADMINISTRATOR SHALL NOT TERMINATE THE AGREEMENT OR  1,318        

REIMBURSEMENT IF THE HEALTH CARE PROVIDER, MANAGED CARE            1,319        

ORGANIZATION, OR OWNER DEMONSTRATES THAT THE PROVIDER,             1,320        

ORGANIZATION, OR OWNER DID NOT DIRECTLY OR INDIRECTLY SANCTION     1,321        

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

EMPLOYEE THAT RESULTED IN THE CONVICTION, PLEA OF GUILTY, OR       1,323        

ENTRY OF JUDGMENT AS DESCRIBED IN DIVISION (C)(1) OF THIS          1,324        

SECTION.                                                                        

      (4)  NOTHING IN DIVISION (C) OF THIS SECTION PROHIBITS AN    1,327        

OWNER, OFFICER, AUTHORIZED AGENT, ASSOCIATE, MANAGER, OR EMPLOYEE  1,328        

OF A HEALTH CARE PROVIDER OR MANAGED CARE ORGANIZATION FROM                     

ENTERING INTO AN AGREEMENT WITH THE BUREAU IF THE PROVIDER,        1,329        

ORGANIZATION, OWNER, OFFICER, AUTHORIZED AGENT, ASSOCIATE,         1,330        

MANAGER, OR EMPLOYEE DEMONSTRATES ABSENCE OF KNOWLEDGE OF THE      1,332        

ACTION OF THE HEALTH CARE PROVIDER OR MANAGED CARE ORGANIZATION    1,333        

WITH WHICH THAT INDIVIDUAL OR ORGANIZATION WAS FORMERLY                         

ASSOCIATED THAT RESULTED IN A CONVICTION, PLEA OF GUILTY, OR       1,335        

ENTRY OF JUDGMENT AS DESCRIBED IN DIVISION (C)(1) OF THIS          1,336        

SECTION.                                                                        

      (D)  THE ATTORNEY GENERAL MAY BRING AN ACTION ON BEHALF OF   1,339        

THE STATE AND A SELF-INSURING EMPLOYER MAY BRING AN ACTION ON ITS  1,340        

OWN BEHALF TO ENFORCE THIS SECTION IN ANY COURT OF COMPETENT                    

JURISDICTION.  THE ATTORNEY GENERAL MAY SETTLE OR COMPROMISE ANY   1,341        

ACTION BROUGHT UNDER THIS SECTION WITH THE APPROVAL OF THE         1,343        

ADMINISTRATOR.                                                                  

      NOTWITHSTANDING ANY OTHER LAW PROVIDING A SHORTER PERIOD OF  1,345        

                                                          32     

                                                                 
LIMITATIONS, THE ATTORNEY GENERAL OR A SELF-INSURING EMPLOYER MAY  1,346        

BRING AN ACTION TO ENFORCE THIS SECTION AT ANY TIME WITHIN SIX     1,347        

YEARS AFTER THE CONDUCT IN VIOLATION OF THIS SECTION TERMINATES.   1,348        

      (E)  THE AVAILABILITY OF REMEDIES UNDER THIS SECTION AND     1,351        

SECTIONS 2913.48 AND 2923.31 TO 2923.36 OF THE REVISED CODE FOR    1,352        

RECOVERING BENEFITS PAID ON BEHALF OF CLAIMANTS FOR MEDICAL                     

ASSISTANCE DOES NOT LIMIT THE AUTHORITY OF THE BUREAU OR A         1,353        

SELF-INSURING EMPLOYER TO RECOVER EXCESS PAYMENTS MADE TO AN       1,354        

OWNER, HEALTH CARE PROVIDER, OR MANAGED CARE ORGANIZATION UNDER    1,356        

STATE AND FEDERAL LAW.                                                          

      (F)  AS USED IN THIS SECTION:                                1,358        

      (1)  "DECEPTION" MEANS ACTING WITH ACTUAL KNOWLEDGE OF, IN   1,360        

DELIBERATE IGNORANCE OF, OR RECKLESS DISREGARD OF THE TRUTH OR     1,361        

FALSITY OF, ANY REPRESENTATION OR INFORMATION IN ORDER TO DECEIVE  1,362        

ANOTHER OR CAUSE ANOTHER TO BE DECEIVED BY MEANS OF ANY OF THE     1,363        

FOLLOWING:                                                                      

      (a)  A FALSE OR MISLEADING REPRESENTATION;                   1,365        

      (b)  THE WITHHOLDING OF INFORMATION;                         1,367        

      (c)  THE PREVENTING OF ANOTHER FROM ACQUIRING INFORMATION;   1,370        

      (d)  ANY OTHER CONDUCT, ACT, OR OMISSION THAT CREATES,       1,373        

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

LAW, THE VALUE OF SOMETHING, OR A PERSON'S STATE OF MIND.          1,375        

      EXCEPT AS PROVIDED IN DIVISION (B)(3) OF THIS SECTION, FOR   1,379        

PURPOSES OF THIS SECTION PROOF OF SPECIFIC INTENT TO DEFRAUD IS    1,380        

NOT REQUIRED IN ORDER TO SHOW THAT AN OWNER, HEALTH CARE           1,381        

PROVIDER, OR MANAGED CARE ORGANIZATION IS ENGAGING IN OR HAS       1,382        

ENGAGED IN DECEPTION.                                                           

      (2)  "OWNER" MEANS ANY PERSON HAVING AT LEAST A FIVE PER     1,384        

CENT OWNERSHIP INTEREST IN A HEALTH CARE PROVIDER OR MANAGED CARE  1,385        

ORGANIZATION.                                                                   

      Sec. 4121.445.  EACH HEALTH CARE PROVIDER AND MANAGED CARE   1,387        

ORGANIZATION SHALL MAKE AT LEAST ONE COPY OF AN EMPLOYEE'S         1,388        

MEDICAL RECORDS AND THE REPORT OF THE EMPLOYEE'S TREATING OR       1,389        

CONSULTING PHYSICIAN AVAILABLE TO THE EMPLOYEE OR THE EMPLOYEE'S   1,390        

                                                          33     

                                                                 
REPRESENTATIVE UPON REQUEST AT A CHARGE NOT TO EXCEED FIFTEEN                   

CENTS PER PRINTED PAGE.                                            1,391        

      Sec. 4121.47.  (A)  No employer shall violate a specific     1,400        

safety rule adopted by the administrator of workers' compensation  1,401        

pursuant to section 4121.13 of the Revised Code or an act of the   1,403        

general assembly to protect the lives, health, and safety of       1,404        

employees pursuant to Section 35 of Article II, Ohio               1,405        

Constitution.  Chapter 4167. of the Revised Code and rules and     1,406        

standards adopted thereunder UNDER THAT CHAPTER are not the rules  1,407        

or enactment referred to in this division and shall not be         1,408        

considered as such for purposes of this section.  FOR PURPOSES OF  1,409        

THIS SECTION, A SPECIFIC SAFETY RULE OF THE ADMINISTRATOR THAT     1,411        

REFERS TO OR IS INTERPRETED AS APPLYING TO WORKSHOPS AND                        

FACTORIES SHALL NOT APPLY TO BUILDINGS OR STRUCTURES USED FOR      1,412        

AGRICULTURAL PRODUCTION, OR TO ANY OF THE FIXTURES, MACHINERY,     1,413        

EQUIPMENT, TOOLS, OR DEVICES UTILIZED IN THOSE BUILDINGS OR        1,414        

STRUCTURES.                                                                     

      AS USED IN THIS DIVISION, "AGRICULTURAL PRODUCTION" MEANS    1,416        

OPERATIONS UPON FARM PREMISES, INCLUDING THE PLANTING,             1,418        

CULTIVATING, PRODUCING, GROWING, HARVESTING, DRYING, AND STORING                

OF AGRICULTURAL OR HORTICULTURAL COMMODITIES AND PREPARATION FOR   1,419        

MARKET OF THOSE COMMODITIES ON FARM PREMISES, THE RAISING OF       1,420        

LIVESTOCK, FOR FOOD PRODUCTS, OR RACING PURPOSES, AND POULTRY ON   1,421        

FARM PREMISES, AND ANY WORK PERFORMED INCIDENT TO OR IN            1,422        

CONNECTION WITH THOSE FARM OPERATIONS.  "AGRICULTURAL PRODUCTION"  1,423        

DOES NOT INCLUDE THE COMMERCIAL PROCESSING, PACKING, DRYING,       1,424        

STORING, OR CANNING OF THOSE COMMODITIES FOR MARKET, OR                         

COMMERCIAL TIMBER HARVESTING BY AN INDEPENDENT CONTRACTOR.         1,425        

      (B)  If a staff hearing officer, in the course of his THE    1,427        

HEARING OFFICER'S determination of a claim for an additional       1,428        

award under Section 35 of Article II, Ohio Constitution, finds     1,429        

the employer guilty of violating division (A) of this section, he  1,430        

shall THE HEARING OFFICER, in addition to any award paid to the    1,431        

claimant, SHALL issue an order to the employer to correct the      1,433        

                                                          34     

                                                                 
violation within the period of time he fixes FIXED BY THE HEARING  1,434        

OFFICER.  For any violation occurring within twenty-four months    1,435        

of the last violation, the staff hearing officer shall assess      1,436        

against the employer a civil penalty in an amount he THE HEARING   1,437        

OFFICER determines up to a maximum of fifty thousand dollars for   1,439        

each violation.  In fixing the exact penalty, the staff hearing    1,440        

officer shall base his THE decision upon the size of the employer  1,442        

as measured by the number of employees, assets, and earnings of    1,443        

the employer.                                                                   

      (C)  An employer dissatisfied with the imposition of a       1,445        

civil penalty pursuant to division (B) of this section may appeal  1,446        

the staff hearing officer's decision, if the commission refuses    1,447        

to hear the appeal under division (E) of section 4123.511 of the   1,448        

Revised Code, or a decision of the commission, if the commission   1,449        

hears the appeal under that division, to a court of common pleas   1,450        

pursuant to the Rules of Civil Procedure.  An appeal operates to   1,451        

stay the payment of the fine pending the appeal.                   1,452        

      (D)  The administrator shall deposit all penalties           1,454        

collected pursuant to this section in the occupational safety      1,455        

loan program fund established pursuant to section 4121.48 of the   1,456        

Revised Code.                                                      1,457        

      (E)  INVESTIGATIVE REPORTS OF VIOLATIONS OF SPECIFIC SAFETY  1,459        

RULES SHALL BE AVAILABLE TO THE EMPLOYER THAT IS THE SUBJECT OF    1,460        

AN INVESTIGATION AND A CLAIMANT THAT IS INJURED BECAUSE OF AN      1,461        

ALLEGED VIOLATION THAT IS THE SUBJECT OF THAT INVESTIGATION.       1,462        

      Sec. 4121.61.  (A)  The administrator of workers'            1,471        

compensation, with the advice and consent of the workers'          1,473        

compensation oversight commission, shall adopt rules, INCLUDING    1,474        

RULES DESCRIBED IN DIVISION (B) OF THIS SECTION, take measures,    1,475        

and make expenditures as it THE ADMINISTRATOR deems necessary to   1,476        

aid claimants who have sustained compensable injuries or incurred  1,477        

compensable occupational diseases pursuant to Chapter 4123.,       1,478        

4127., or 4131. of the Revised Code to return to work or to        1,479        

assist in lessening or removing any resulting handicap.                         

                                                          35     

                                                                 
      (B)  THE ADMINISTRATOR SHALL ADOPT RULES UNDER THIS SECTION  1,481        

ESTABLISHING CRITERIA GOVERNING DETERMINATIONS REGARDING THE       1,482        

PROVISION OF REHABILITATION SERVICES, COUNSELING, OR TRAINING TO   1,483        

EMPLOYEES OF BOTH STATE FUND AND SELF-INSURING EMPLOYERS.  THE     1,484        

INDUSTRIAL COMMISSION SHALL ESTABLISH RULES REGARDING A HEARING    1,485        

PROCEDURE TO GOVERN DISPUTES BETWEEN A CLAIMANT AND A              1,486        

SELF-INSURING EMPLOYER REGARDING THE PROVISION OF REHABILITATION   1,487        

SERVICES, COUNSELING, OR TRAINING.                                              

      Sec. 4121.67.  The administrator of workers' compensation,   1,495        

with the advice and consent of the workers' compensation           1,497        

oversight commission, shall adopt rules:                           1,498        

      (A)  For the encouragement of reemployment of claimants who  1,500        

have successfully completed prescribed rehabilitation programs by  1,501        

payment from the surplus fund established by section 4123.34 of    1,502        

the Revised Code to employers who employ or reemploy the           1,503        

claimants.  The period or periods of payments shall not exceed     1,504        

six months in the aggregate, unless the administrator or his THE   1,505        

ADMINISTRATOR'S designee determines that the claimant will be      1,506        

benefited by an extension of payments.                             1,507        

      (B)  Requiring payment, in the same manner as living         1,509        

maintenance payments are made pursuant to section 4121.63 of the   1,510        

Revised Code, to the claimant who completes a rehabilitation       1,511        

training program and returns to employment, but who suffers a      1,512        

wage loss compared to the wage the claimant was receiving at the   1,513        

time of injury.  Payments per week shall be sixty-six and          1,514        

two-thirds per cent of the difference, if any, between the         1,515        

claimant's weekly wage at the time of injury and the weekly wage   1,516        

received while employed, up to a maximum payment per week equal    1,517        

to the statewide average weekly wage.  The payments may continue   1,518        

for up to a maximum of two hundred weeks but shall be reduced by   1,519        

the corresponding number of weeks in which the claimant receives   1,520        

payments pursuant to division (B)(C) of section 4123.56 of the     1,521        

Revised Code.                                                      1,522        

      (C)  PROVIDING INCENTIVES FOR EMPLOYERS TO REEMPLOY THEIR    1,524        

                                                          36     

                                                                 
EMPLOYEES WHO HAVE SUCCESSFULLY COMPLETED PRESCRIBED               1,525        

REHABILITATION PROGRAMS.  THESE INCENTIVES MAY INCLUDE, BUT ARE    1,526        

NOT LIMITED TO, ALTERNATIVE RATING PLANS AND PREMIUM REDUCTION     1,527        

PLANS.                                                                          

      Sec. 4123.01.  As used in this chapter:                      1,536        

      (A)(1)  "Employee" means:                                    1,538        

      (a)  Every person in the service of the state, or of any     1,540        

county, municipal corporation, township, or school district        1,541        

therein, including regular members of lawfully constituted police  1,542        

and fire departments of municipal corporations and townships,      1,543        

whether paid or volunteer, and wherever serving within the state   1,544        

or on temporary assignment outside thereof, and executive          1,545        

officers of boards of education, under any appointment or          1,546        

contract of hire, express or implied, oral or written, including   1,547        

any elected official of the state, or of any county, municipal     1,548        

corporation, or township, or members of boards of education;       1,549        

      (b)  Every person in the service of any person, firm, or     1,551        

private corporation, including any public service corporation,     1,552        

that (i) employs one or more persons regularly in the same         1,553        

business or in or about the same establishment under any contract  1,554        

of hire, express or implied, oral or written, including aliens     1,555        

and minors, household workers who earn one hundred sixty dollars   1,556        

or more in cash in any calendar quarter from a single household    1,557        

and casual workers who earn one hundred sixty dollars or more in   1,558        

cash in any calendar quarter from a single employer, or (ii) is    1,559        

bound by any such contract of hire or by any other written         1,560        

contract, to pay into the state insurance fund the premiums        1,561        

provided by this chapter.                                          1,562        

      (c)  Every person who performs labor or provides services    1,565        

pursuant to a construction contract, as defined in section         1,566        

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

criteria apply:                                                                 

      (i)  The person is required to comply with instructions      1,569        

from the other contracting party regarding the manner or method    1,570        

                                                          37     

                                                                 
of performing services;                                                         

      (ii)  The person is required by the other contracting party  1,573        

to have particular training;                                                    

      (iii)  The person's services are integrated into the         1,576        

regular functioning of the other contracting party;                1,577        

      (iv)  The person is required to perform the work             1,579        

personally;                                                                     

      (v)  The person is hired, supervised, or paid by the other   1,581        

contracting party;                                                              

      (vi)  A continuing relationship exists between the person    1,584        

and the other contracting party that contemplates continuing or    1,585        

recurring work even if the work is not full time;                  1,586        

      (vii)  The person's hours of work are established by the     1,589        

other contracting party;                                                        

      (viii)  The person is required to devote full time to the    1,592        

business of the other contracting party;                                        

      (ix)  The person is required to perform the work on the      1,595        

premises of the other contracting party;                                        

      (x)  The person is required to follow the order of work set  1,598        

by the other contracting party;                                                 

      (xi)  The person is required to make oral or written         1,601        

reports of progress to the other contracting party;                1,602        

      (xii)  The person is paid for services on a regular basis    1,605        

such as hourly, weekly, or monthly;                                             

      (xiii)  The person's expenses are paid for by the other      1,607        

contracting party;                                                              

      (xiv)  The person's tools and materials are furnished by     1,610        

the other contracting party;                                                    

      (xv)  The person is provided with the facilities used to     1,612        

perform services;                                                               

      (xvi)  The person does not realize a profit or suffer a      1,615        

loss as a result of the services provided;                                      

      (xvii)  The person is not performing services for a number   1,618        

of employers at the same time;                                                  

                                                          38     

                                                                 
      (xviii)  The person does not make the same services          1,620        

available to the general public;                                   1,621        

      (xix)  The other contracting party has a right to discharge  1,624        

the person;                                                                     

      (xx)  The person has the right to end the relationship with  1,627        

the other contracting party without incurring liability pursuant   1,628        

to an employment contract or agreement.                            1,629        

      Every person in the service of any independent contractor    1,631        

or subcontractor who has failed to pay into the state insurance    1,632        

fund the amount of premium determined and fixed by the             1,633        

administrator of workers' compensation for the person's            1,634        

employment or occupation or if a self-insuring employer has        1,635        

failed to pay compensation and benefits directly to the            1,636        

employer's injured and to the dependents of the employer's killed  1,637        

employees as required by section 4123.35 of the Revised Code,      1,639        

shall be considered as the employee of the person who has entered  1,640        

into a contract, whether written or verbal, with such independent  1,641        

contractor unless such employees or their legal representatives    1,642        

or beneficiaries elect, after injury or death, to regard such      1,643        

independent contractor as the employer.                                         

      (2)  "Employee" does not mean:                               1,645        

      (a)  A duly ordained, commissioned, or licensed minister or  1,647        

assistant or associate minister of a church in the exercise of     1,648        

ministry; or                                                       1,649        

      (b)  Any officer of a family farm corporation; OR            1,651        

      (c)  AN INDIVIDUAL WHO SIGNS THE WAIVER AND AFFIDAVIT        1,653        

PROVIDED FOR IN SECTION 4123.15 OF THE REVISED CODE, PROVIDED      1,654        

THAT THE ADMINISTRATOR HAS GRANTED A WAIVER AND EXCEPTION TO THE   1,655        

INDIVIDUAL'S EMPLOYER UNDER THAT SECTION.                                       

      Any employer may elect to include as an "employee" within    1,657        

this chapter, any person excluded from the definition of           1,658        

"employee" pursuant to division (A)(2) of this section.  If an     1,659        

employer is a partnership, sole proprietorship, or family farm     1,660        

corporation, such employer may elect to include as an "employee"   1,661        

                                                          39     

                                                                 
within this chapter, any member of such partnership, the owner of  1,662        

the sole proprietorship, or the officers of the family farm        1,663        

corporation.  In the event of an election, the employer shall      1,664        

serve upon the bureau of workers' compensation written notice      1,665        

naming the persons to be covered, include such employee's          1,666        

remuneration for premium purposes in all future payroll reports,   1,667        

and no person excluded from the definition of "employee" pursuant  1,668        

to division (A)(2) of this section, proprietor, or partner shall   1,669        

be deemed an employee within this division until the employer has  1,670        

served such notice.                                                1,671        

      For informational purposes only, the bureau shall prescribe  1,673        

such language as it considers appropriate, on such of its forms    1,674        

as it considers appropriate, to advise employers of their right    1,675        

to elect to include as an "employee" within this chapter a sole    1,676        

proprietor, any member of a partnership, the officers of a family  1,677        

farm corporation, or a person excluded from the definition of      1,678        

"employee" under division (A)(2)(a) of this section, that they     1,679        

should check any health and disability insurance policy, or other  1,680        

form of health and disability plan or contract, presently          1,681        

covering them, or the purchase of which they may be considering,   1,682        

to determine whether such policy, plan, or contract excludes       1,683        

benefits for illness or injury that they might have elected to     1,684        

have covered by workers' compensation.                             1,685        

      (B)  "Employer" means:                                       1,687        

      (1)  The state, including state hospitals, each county,      1,689        

municipal corporation, township, school district, and hospital     1,690        

owned by a political subdivision or subdivisions other than the    1,691        

state;                                                             1,692        

      (2)  Every person, firm, and private corporation, including  1,694        

any public service corporation, that (a) has in service one or     1,695        

more employees regularly in the same business or in or about the   1,696        

same establishment under any contract of hire, express or          1,697        

implied, oral or written, or (b) is bound by any such contract of  1,698        

hire or by any other written contract, to pay into the insurance   1,699        

                                                          40     

                                                                 
fund the premiums provided by this chapter.                        1,700        

      All such employers are subject to this chapter.  Any member  1,702        

of a firm or association, who regularly performs manual labor in   1,703        

or about a mine, factory, or other establishment, including a      1,704        

household establishment, shall be considered an employee in        1,705        

determining whether such person, firm, or private corporation, or  1,706        

public service corporation, has in its service, one or more        1,707        

employees and the employer shall report the income derived from    1,708        

such labor to the bureau as part of the payroll of such employer,  1,709        

and such member shall thereupon be entitled to all the benefits    1,710        

of an employee.                                                    1,711        

      (C)  "Injury" includes any injury, whether caused by         1,713        

external accidental means or accidental in character and result,   1,714        

received in the course of, and arising out of, the injured         1,715        

employee's employment.  "Injury" does not include:                 1,716        

      (1)  Psychiatric conditions except where the conditions      1,718        

have arisen from an injury or occupational disease;                1,719        

      (2)  Injury, IMPAIRMENT, or disability caused primarily by   1,722        

the natural deterioration of tissue, an organ, or part of the      1,723        

body;                                                                           

      (3)  Injury, IMPAIRMENT, or disability incurred in           1,725        

voluntary participation in an employer-sponsored recreation or     1,727        

fitness activity if the employee signs a waiver of the employee's  1,728        

right to compensation or benefits under this chapter prior to      1,729        

engaging in the recreation or fitness activity;                    1,730        

      (4)  A CONDITION, IMPAIRMENT, OR DISEASE PROCESS THAT        1,734        

PRE-EXISTED AN INJURY UNLESS THAT PRE-EXISTING CONDITION OR                     

IMPAIRMENT IS SUBSTANTIALLY WORSENED OR THAT DISEASE PROCESS IS    1,735        

SUBSTANTIALLY ACCELERATED BY AN INJURY AS DOCUMENTED BY OBJECTIVE  1,736        

CLINICAL FINDINGS AND TEST RESULTS, AND SUBJECTIVE COMPLAINTS      1,737        

WITHOUT THESE FINDINGS AND RESULTS ARE INSUFFICIENT TO ESTABLISH   1,738        

A COMPENSABLE INJURY AS DESCRIBED IN DIVISION (C)(4) OF THIS       1,740        

SECTION;                                                                        

      (5)  INJURY, IMPAIRMENT, OR DISABILITY RESULTING FROM        1,742        

                                                          41     

                                                                 
CUMULATIVE OR REPETITIVE TRAUMA.                                   1,743        

      (D)  "Child" includes a posthumous child and a child         1,745        

legally adopted prior to the injury.                               1,746        

      (E)  "Family farm corporation" means a corporation founded   1,748        

for the purpose of farming agricultural land in which the          1,749        

majority of the voting stock is held by and the majority of the    1,750        

stockholders are persons or the spouse of persons related to each  1,751        

other within the fourth degree of kinship, according to the rules  1,752        

of the civil law, and at least one of the related persons is       1,753        

residing on or actively operating the farm, and none of whose      1,754        

stockholders are a corporation.  A family farm corporation does    1,755        

not cease to qualify under this division where, by reason of any   1,756        

devise, bequest, or the operation of the laws of descent or        1,757        

distribution, the ownership of shares of voting stock is           1,758        

transferred to another person, as long as that person is within    1,759        

the degree of kinship stipulated in this division.                 1,760        

      (F)  "Occupational disease" means a disease contracted in    1,762        

the course of employment, which by its causes and the              1,763        

characteristics of its manifestation or the condition of the       1,764        

employment results in a hazard which distinguishes the employment  1,765        

in character from employment generally, and the employment         1,766        

creates a risk of contracting the disease in greater degree and    1,767        

in a different manner from the public in general, INCLUDING A      1,768        

DISEASE OR CONDITION THAT RESULTS FROM A CUMULATIVE OR REPETITIVE  1,770        

TRAUMA, THAT IS CONTRACTED IN THE COURSE OF EMPLOYMENT, THAT       1,772        

RESULTS IN DAMAGE OR HARM TO THE PHYSICAL STRUCTURE OF THE BODY,   1,773        

AND THAT IS DUE TO CAUSES AND CONDITIONS THAT ARE CHARACTERISTIC   1,774        

OF OR PECULIAR TO A PARTICULAR INDUSTRIAL PROCESS, TRADE, OR       1,775        

OCCUPATION.  "OCCUPATIONAL DISEASE" DOES NOT INCLUDE ANY OF THE    1,776        

FOLLOWING:                                                                      

      (1)  A DISEASE OR CONDITION TO WHICH THE GENERAL PUBLIC IS   1,778        

EXPOSED OUTSIDE OF EMPLOYMENT ABSENT A SHOWING, BY A               1,779        

PREPONDERANCE OF THE EVIDENCE, THAT THE DISEASE OR CONDITION IS    1,781        

CHARACTERISTIC OF OR PECULIAR TO A PARTICULAR INDUSTRIAL PROCESS,  1,783        

                                                          42     

                                                                 
TRADE, OR OCCUPATION;                                                           

      (2)  A DISEASE OR CONDITION THAT WOULD HAVE ARISEN WITHOUT   1,785        

THE OCCUPATIONAL EXPOSURE;                                         1,786        

      (3)  A DISEASE OR CONDITION THAT RESULTS FROM AGGRAVATION    1,788        

OF A PRE-EXISTING DISEASE, CONDITION, OR DISEASE PROCESS;          1,789        

      (4)  A DISEASE OR CONDITION CAUSED PRIMARILY BY THE NATURAL  1,791        

DETERIORATION OF THE TISSUE, ORGANS, OR OTHER PARTS OF THE BODY;   1,792        

      (5)  PSYCHIATRIC CONDITIONS, EXCEPT WHERE THE CONDITIONS     1,794        

HAVE ARISEN FROM AN OCCUPATIONAL DISEASE.                          1,796        

      (G)  "Self-insuring employer" means any of the following     1,798        

categories of employers if granted the privilege of paying         1,799        

compensation and benefits directly under section 4123.35 of the    1,800        

Revised Code:                                                      1,801        

      (1)  Any employer mentioned in division (B)(2) of this       1,803        

section;                                                           1,804        

      (2)  A board of county hospital trustees;                    1,806        

      (3)  A publicly owned utility.                               1,808        

      Sec. 4123.032.  Every emergency management worker shall,     1,817        

with respect to the performance of his THE WORKER'S duties as      1,819        

such AN emergency management worker, SHALL be in the employment    1,822        

of the state or political subdivision for purposes of sections                  

4123.01 to 4123.94 of the Revised Code, and every emergency        1,823        

management worker or, in case of death, his THE EMERGENCY          1,824        

MANAGEMENT WORKER'S dependents shall be entitled to the benefits   1,825        

payable on account of total disability OR IMPAIRMENT, loss of      1,826        

member, or death as accorded by such sections to employees         1,828        

covered by its THEIR provisions.  No payment for such disability   1,830        

OR IMPAIRMENT, loss of member, or death shall be made unless a     1,831        

claim is filed within one year of the date of the accidental       1,832        

injury causing the total disability OR IMPAIRMENT, loss of         1,833        

member, or death.  If an injury claim is filed within the said     1,835        

THAT one-year period and the claimant subsequently dies, his THE   1,837        

EMERGENCY MANAGEMENT WORKER'S dependents shall file any death      1,839        

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

                                                          43     

                                                                 
be forever barred.                                                 1,840        

      Sec. 4123.033.  Any emergency management worker who suffers  1,849        

an accidental injury while performing emergency management         1,850        

duties, as defined herein, shall be compensated for any total      1,852        

disability, IMPAIRMENT, or loss of member and his THE WORKER'S     1,853        

dependents shall be compensated for any death resulting from such  1,854        

an injury on the same basis as provided for workers, employees,    1,855        

and their dependents under sections 4123.01 to 4123.94 of the      1,856        

Revised Code.                                                      1,857        

      This section shall not apply in the case of any person who   1,859        

is otherwise entitled, under sections 4123.01 to 4123.94 of the    1,860        

Revised Code, to receive workers' compensation benefits for such   1,861        

accidental injury or death.                                        1,862        

      Sec. 4123.061.  ANY RECORDS, FILES, PLEADINGS, OR DOCUMENTS  1,865        

GENERATED BY A CLAIMANT'S ATTORNEY WITH RESPECT TO A CLIENT IN A   1,866        

WORKERS' COMPENSATION CLAIM ARE THE PROPERTY OF THAT CLIENT.       1,867        

UPON THE CLIENT'S REQUEST, THE ATTORNEY SHALL CONVEY TO THE        1,868        

CLIENT COPIES OF ALL RECORDS, FILES, PLEADINGS, AND DOCUMENTS      1,869        

RELATING TO THE CLIENT'S WORKERS' COMPENSATION CLAIM NO LATER      1,870        

THAN FIFTEEN DAYS AFTER THE CLIENT'S REQUEST.                                   

      Sec. 4123.07.  The administrator of the bureau of workers'   1,879        

compensation shall prepare and furnish blank forms of application  1,880        

for benefits or compensation from the state insurance fund,        1,881        

reports of injury, disability, IMPAIRMENT, or occupational         1,883        

disease, notices to employers and employees, proofs of injury,     1,884        

disease, disability, IMPAIRMENT, or death, proofs of medical       1,886        

attendance and hospital and nursing care, and proofs of            1,887        

employment and wage earnings, and other necessary blanks, and      1,888        

shall provide in his THE ADMINISTRATOR'S rules for their           1,889        

preparation and distribution so that they may be readily                        

available and so prepared that the furnishing of information       1,890        

required of any person with respect to any aspect of a claim       1,891        

shall not be delayed by a requirement that information with        1,892        

respect to another aspect of such claim shall be furnished on the  1,893        

                                                          44     

                                                                 
form by the same or another person.  Insured employers shall keep  1,894        

on hand a sufficient supply of such blanks.                        1,895        

      Sec. 4123.15.  (A)  AN EMPLOYER WHO IS A MEMBER OF A         1,897        

RECOGNIZED RELIGIOUS SECT OR DIVISION OF A RECOGNIZED RELIGIOUS    1,898        

SECT AND WHO IS AN ADHERENT OF ESTABLISHED TENETS OR TEACHINGS OF  1,900        

THAT SECT OR DIVISION BY REASON OF WHICH THE EMPLOYER IS                        

CONSCIENTIOUSLY OPPOSED TO ACCEPTANCE OF THE BENEFITS OF ANY       1,901        

PUBLIC OR PRIVATE INSURANCE THAT MAKES PAYMENTS IN THE EVENT OF    1,902        

DEATH, DISABILITY, IMPAIRMENT, OLD AGE, OR RETIREMENT OR MAKES     1,904        

PAYMENTS TOWARD THE COST OF, OR PROVIDES SERVICES FOR, MEDICAL     1,905        

BILLS, INCLUDING THE BENEFITS OF ANY INSURANCE SYSTEM ESTABLISHED               

BY THE "SOCIAL SECURITY ACT," 42 U.S.C.A. 301, ET SEQ., MAY APPLY  1,907        

TO THE ADMINISTRATOR OF WORKERS' COMPENSATION TO BE EXCEPTED FROM  1,908        

PAYMENT OF PREMIUMS AND OTHER CHARGES ASSESSED UNDER THIS CHAPTER  1,909        

AND CHAPTER 4121. OF THE REVISED CODE WITH RESPECT TO, OR IF THE   1,911        

EMPLOYER IS A SELF-INSURING EMPLOYER, FROM PAYMENT OF DIRECT       1,912        

COMPENSATION AND BENEFITS TO AND ASSESSMENTS REQUIRED BY THIS      1,913        

CHAPTER AND CHAPTER 4121. OF THE REVISED CODE ON ACCOUNT OF, AN    1,914        

INDIVIDUAL WHO MEETS THE REQUIREMENTS OF THIS SECTION.  THE        1,915        

APPLICATION SHALL BE ON FORMS PROVIDED BY THE BUREAU OF WORKERS'   1,916        

COMPENSATION, WHICH FORMS MAY BE THOSE USED BY OR SIMILAR TO       1,917        

THOSE USED BY THE INTERNAL REVENUE SERVICE FOR THE PURPOSE OF      1,918        

GRANTING AN EXEMPTION FROM THE PAYMENT OF SOCIAL SECURITY TAXES    1,919        

UNDER 26 U.S.C.A. 1402(g) OF THE INTERNAL REVENUE CODE, AND SHALL  1,921        

INCLUDE A WRITTEN WAIVER, SIGNED BY THE INDIVIDUAL TO BE           1,922        

EXCEPTED, OF ALL THE BENEFITS AND COMPENSATION PROVIDED FOR IN     1,923        

THIS CHAPTER AND CHAPTER 4121. OF THE REVISED CODE.                1,925        

      THE APPLICATION ALSO SHALL INCLUDE AFFIDAVITS SIGNED BY THE  1,928        

EMPLOYER AND THAT INDIVIDUAL THAT THE EMPLOYER AND THE INDIVIDUAL  1,929        

ARE MEMBERS OF A RECOGNIZED RELIGIOUS SECT OR DIVISION OF A        1,930        

RECOGNIZED RELIGIOUS SECT AND ARE ADHERENTS OF ESTABLISHED TENETS  1,932        

OR TEACHINGS OF THAT SECT OR DIVISION BY REASON OF WHICH THE       1,933        

EMPLOYER AND THE INDIVIDUAL ARE CONSCIENTIOUSLY OPPOSED TO                      

ACCEPTANCE OF THE BENEFITS OF ANY PUBLIC OR PRIVATE INSURANCE      1,935        

                                                          45     

                                                                 
THAT MAKES PAYMENTS IN THE EVENT OF DEATH, DISABILITY,             1,936        

IMPAIRMENT, OLD AGE, OR RETIREMENT OR MAKES PAYMENTS TOWARD THE    1,937        

COST OF, OR PROVIDES SERVICES FOR, MEDICAL BILLS, INCLUDING THE    1,938        

BENEFITS OF ANY INSURANCE SYSTEM ESTABLISHED BY THE "SOCIAL        1,940        

SECURITY ACT," 42 U.S.C.A. 301, ET SEQ.  IF THE INDIVIDUAL IS A    1,942        

MINOR, THE GUARDIAN OF THE MINOR SHALL COMPLETE THE WAIVER AND     1,943        

AFFIDAVIT REQUIRED BY THIS DIVISION.                                            

      (B)  THE ADMINISTRATOR SHALL GRANT THE WAIVER AND EXCEPTION  1,946        

TO THE EMPLOYER FOR A PARTICULAR INDIVIDUAL IF THE ADMINISTRATOR                

FINDS THAT THE EMPLOYER AND THE INDIVIDUAL ARE MEMBERS OF A SECT   1,947        

OR DIVISION HAVING THE ESTABLISHED TENETS OR TEACHINGS DESCRIBED   1,948        

IN DIVISION (A) OF THIS SECTION, THAT IT IS THE PRACTICE, AND HAS  1,949        

BEEN FOR A SUBSTANTIAL NUMBER OF YEARS, FOR MEMBERS OF THAT SECT   1,950        

OR DIVISION OF THAT SECT TO MAKE PROVISION FOR THEIR DEPENDENT     1,951        

MEMBERS WHICH IN THE ADMINISTRATOR'S JUDGMENT IS REASONABLE IN     1,952        

VIEW OF THEIR GENERAL LEVEL OF HIRING, AND THAT THAT SECT OR       1,953        

DIVISION OF THAT SECT HAS BEEN IN EXISTENCE AT ALL TIMES SINCE     1,954        

DECEMBER 31, 1950.                                                 1,955        

      (C)  A WAIVER AND EXCEPTION UNDER DIVISION (B) OF THIS       1,958        

SECTION IS EFFECTIVE ON THE DATE THE ADMINISTRATOR GRANTS THE      1,959        

WAIVER AND EXCEPTION.  AN EMPLOYER WHO COMPLIES WITH THIS CHAPTER  1,960        

AND THE EMPLOYER'S EMPLOYEES, WITH RESPECT TO AN INDIVIDUAL FOR    1,961        

WHOM THE ADMINISTRATOR GRANTS THE WAIVER AND EXCEPTION, ARE        1,962        

ENTITLED, AS TO THAT INDIVIDUAL AND AS TO ALL INJURIES AND         1,963        

OCCUPATIONAL DISEASES OF THAT INDIVIDUAL THAT OCCURRED PRIOR TO    1,964        

THE EFFECTIVE DATE OF THE WAIVER AND EXCEPTION, TO THE             1,965        

PROTECTIONS OF SECTIONS 4123.74 AND 4123.741 OF THE REVISED CODE.  1,966        

ON AND AFTER THE EFFECTIVE DATE OF THE WAIVER AND EXCEPTION, THE   1,967        

EMPLOYER IS NOT LIABLE FOR THE PAYMENT OF ANY PREMIUMS OR OTHER    1,968        

CHARGES ASSESSED UNDER THIS CHAPTER OR CHAPTER 4121. OF THE        1,969        

REVISED CODE, OR IF THE INDIVIDUAL IS A SELF-INSURING EMPLOYER,    1,970        

THE EMPLOYER IS NOT LIABLE FOR THE PAYMENT OF ANY COMPENSATION OR  1,971        

BENEFITS DIRECTLY OR OTHER CHARGES ASSESSED UNDER THIS CHAPTER OR  1,972        

CHAPTER 4121. OF THE REVISED CODE, IN REGARD TO THAT INDIVIDUAL,   1,974        

                                                          46     

                                                                 
IS CONSIDERED A COMPLYING EMPLOYER UNDER THOSE CHAPTERS, AND THE   1,975        

EMPLOYER AND THE EMPLOYER'S EMPLOYEES ARE ENTITLED TO THE          1,976        

PROTECTIONS OF SECTIONS 4123.74 AND 4123.741 OF THE REVISED CODE,  1,977        

AS TO THAT INDIVIDUAL, AND AS TO INJURIES AND OCCUPATIONAL         1,978        

DISEASES OF THAT INDIVIDUAL THAT OCCUR ON AND AFTER THE EFFECTIVE  1,979        

DATE OF THE WAIVER AND EXCEPTION.                                  1,980        

      (D)  A WAIVER AND EXCEPTION GRANTED IN REGARD TO A SPECIFIC  1,983        

INDIVIDUAL IS VALID FOR ALL FUTURE YEARS UNLESS THE ADMINISTRATOR  1,984        

DETERMINES THAT THE EMPLOYER, INDIVIDUAL, OR SECT OR DIVISION                   

CEASES TO MEET THE REQUIREMENTS OF THIS SECTION.  IF THE           1,985        

ADMINISTRATOR MAKES THIS DETERMINATION, THE EMPLOYER IS LIABLE     1,986        

FOR THE PAYMENT OF PREMIUMS AND OTHER CHARGES ASSESSED UNDER THIS  1,987        

CHAPTER AND CHAPTER 4121. OF THE REVISED CODE, OR IF THE           1,989        

INDIVIDUAL IS A SELF-INSURING EMPLOYER, THE EMPLOYER IS LIABLE     1,990        

FOR THE PAYMENT OF COMPENSATION AND BENEFITS DIRECTLY AND OTHER    1,991        

CHARGES ASSESSED UNDER THOSE CHAPTERS, IN REGARD TO THAT           1,992        

INDIVIDUAL FOR ALL INJURIES AND OCCUPATIONAL DISEASES OF THAT      1,993        

INDIVIDUAL THAT OCCUR ON AND AFTER THE DATE OF THE                 1,994        

ADMINISTRATOR'S DETERMINATION AND THE INDIVIDUAL IS ENTITLED TO    1,995        

ALL OF THE BENEFITS AND COMPENSATION PROVIDED IN THOSE CHAPTERS    1,996        

FOR AN INJURY OR OCCUPATIONAL DISEASE THAT OCCURS ON OR AFTER THE  1,997        

DATE OF THE ADMINISTRATOR'S DETERMINATION.                                      

      Sec. 4123.25.  (A)  No employer shall KNOWINGLY              2,006        

misrepresent to the bureau of workers' compensation the amount OR  2,007        

CLASSIFICATION of payroll upon which the premium under this        2,009        

chapter is based.  Whoever violates this division shall be liable  2,010        

to the state in FOR UP TO ten times the amount of the difference   2,012        

in BETWEEN THE premium paid and the amount the employer should     2,013        

have paid.  THE ADMINISTRATOR OF WORKERS' COMPENSATION, WITH THE   2,014        

ADVICE AND CONSENT OF THE WORKERS' COMPENSATION OVERSIGHT          2,015        

COMMISSION, SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF   2,016        

THE REVISED CODE FOR THE ASSESSMENT OF A FINE OR PENALTY AGAINST   2,017        

AN EMPLOYER FOR A VIOLATION OF THIS DIVISION.  The liability to    2,018        

the state under this division shall MAY be enforced in a civil     2,019        

                                                          47     

                                                                 
action in the name of the state, and all sums collected under      2,020        

this division shall be paid into the state insurance fund.         2,021        

      (B)  No self-insuring employer shall misrepresent the        2,023        

amount of paid compensation paid by such employer for purposes of  2,024        

the assessments provided under this chapter and Chapter 4121. of   2,025        

the Revised Code as required by section 4123.35 of the Revised     2,026        

Code.  Whoever violates this division is liable to the state in    2,027        

an amount assessed by the self-insuring employers evaluation       2,028        

board ADMINISTRATOR pursuant to division (C)(B) of section         2,030        

4123.352 of the Revised Code or UP TO ten times the amount of the  2,031        

difference between the assessment paid and the amount of the       2,032        

assessment that should have been paid along with any other         2,033        

penalty as determined by the board.  The liability to the state    2,034        

under this division may be enforced in a civil action in the name  2,035        

of the state and all sums collected under this division shall be   2,036        

paid into the self-insurance assessment fund created pursuant to   2,037        

division (J) of section 4123.35 of the Revised Code.               2,038        

      Sec. 4123.27.  Information contained in the annual           2,046        

statement provided for in section 4123.26 of the Revised Code,     2,047        

and such other information as may be furnished to the bureau of    2,048        

workers' compensation by employers in pursuance of that section,   2,049        

is OR AS THE BUREAU DEVELOPS OR CREATES, AND RECORDS KEPT BY THE   2,051        

DIVISION OF SAFETY AND HYGIENE PERTAINING TO WORKPLACE INJURIES    2,052        

AND ILLNESSES OR OCCUPATIONAL SAFETY AND HEALTH CONDITIONS IN      2,053        

SPECIFIC WORKPLACES, INCLUDING, BUT NOT LIMITED TO, INDUSTRIAL     2,054        

HYGIENE REPORTS, ERGONOMIC SURVEY REPORTS, TEAM APPROACH REPORTS,  2,055        

SAFETY CONSULTANT REPORTS, ACCIDENT INVESTIGATION REPORTS, LOSS    2,056        

CONTROL ANALYSIS REPORTS, AND ILLNESS AND INJURY DATA PERTAINING   2,057        

TO SPECIFIC WORKPLACES, ARE for the exclusive use and information  2,058        

of the bureau in the discharge of its official duties, and shall   2,059        

not be open to the public nor be used in any court in any action   2,060        

or proceeding pending therein unless the bureau is a party to the  2,061        

action or proceeding; but the information contained in the         2,062        

statement may be tabulated and published by the bureau in          2,063        

                                                          48     

                                                                 
statistical form for the use and information of other state        2,064        

departments and the public.  No person in the employ of the        2,065        

bureau, except those who are authorized by the administrator of    2,066        

workers' compensation, shall divulge any information secured by    2,067        

him THE PERSON while in the employ of the bureau in respect to     2,068        

the transactions, property, claim files, records, or papers of     2,071        

the bureau or in respect to the business or mechanical, chemical,  2,073        

or other industrial process of any company, firm, corporation,     2,074        

person, association, partnership, or public utility to any person  2,075        

other than the administrator or to the superior of such employee                

of the bureau.                                                     2,076        

      Notwithstanding the restrictions imposed by this section,    2,078        

the governor, select or standing committees of the general         2,079        

assembly, the auditor of state, the attorney general, or their     2,080        

designees, pursuant to the authority granted in this chapter and   2,081        

Chapter 4121. of the Revised Code, may examine any records, claim  2,082        

files, or papers in possession of the industrial commission or     2,083        

the bureau.  They also are bound by the privilege that attaches    2,084        

to these papers.                                                   2,085        

      The administrator shall report to the director of human      2,087        

services or to the county director of human services the name,     2,088        

address, and social security number or other identification        2,089        

number of any person receiving workers' compensation whose name    2,090        

or social security number or other identification number is the    2,091        

same as that of a person required by a court or child support      2,092        

enforcement agency to provide support payments to a recipient of   2,093        

public assistance, and whose name is submitted to the              2,094        

administrator by the director under section 5101.36 of the         2,095        

Revised Code.  The administrator also shall inform the director    2,096        

of the amount of workers' compensation paid to the person during   2,097        

such period as the director specifies.                             2,098        

      Within fourteen days after receiving from the director of    2,100        

human services a list of the names and social security numbers of  2,101        

recipients of public assistance pursuant to section 5101.181 of    2,102        

                                                          49     

                                                                 
the Revised Code, the administrator shall inform the auditor of    2,103        

state of the name, current or most recent address, and social      2,104        

security number of each person receiving workers' compensation     2,105        

pursuant to this chapter whose name and social security number     2,106        

are the same as that of a person whose name or social security     2,107        

number was submitted by the director.  The administrator also      2,109        

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

compensation paid to the person during such period as the          2,110        

director specifies.                                                2,111        

      The bureau and its employees, except for purposes of         2,113        

furnishing the auditor of state with information required by this  2,114        

section, shall preserve the confidentiality of recipients of       2,115        

public assistance in compliance with division (A) of section       2,116        

5101.181 of the Revised Code.                                      2,117        

      For the purposes of this section, "public assistance" means  2,119        

medical assistance provided through the medical assistance         2,120        

program established under section 5111.01 of the Revised Code,     2,121        

aid to dependent children provided under Chapter 5107. of the      2,122        

Revised Code, or disability assistance provided under Chapter      2,123        

5115. of the Revised Code.                                         2,124        

      Sec. 4123.28.  Every employer in this state shall keep a     2,133        

record of all injuries and occupational diseases, fatal or         2,134        

otherwise, received or contracted by his THE EMPLOYER'S employees  2,136        

in the course of their employment and resulting in seven days or   2,137        

more of total disability OR IMPAIRMENT.  Within a week after       2,138        

acquiring knowledge of an injury or death therefrom, and in the    2,140        

event of occupational disease or death therefrom, within one week  2,141        

after acquiring knowledge of or diagnosis of or death from an      2,142        

occupational disease or of a report to the employer of the         2,143        

occupational disease or death, a report thereof shall be made in   2,144        

writing to the bureau of workers' compensation upon blanks to be   2,145        

procured from the bureau for that purpose.  The report shall       2,146        

state the name and nature of the business of the employer, the     2,147        

location of his THE EMPLOYER'S establishment or place of work,     2,149        

                                                          50     

                                                                 
the name, address, nature and duration of occupation of the        2,150        

injured, disabled, IMPAIRED, or deceased employee and the time,    2,152        

the nature, and the cause of injury, occupational disease, or      2,153        

death, and such other information as is required by the bureau.    2,154        

      The employer shall give a copy of each report to the         2,156        

employee it concerns or his THE EMPLOYEE'S surviving dependents.   2,158        

      No employer shall refuse or neglect to make any report       2,160        

required by this section.                                          2,161        

      Each day that an employer fails to file a report required    2,163        

by this section constitutes an additional day within the time      2,164        

period given to a claimant by the applicable statute of            2,165        

limitations for the filing of a claim based on the injury or       2,166        

occupational disease, provided that a failure to file a report     2,167        

shall not extend the applicable statute of limitations for more    2,168        

than two additional years.                                         2,169        

      Sec. 4123.34.  The administrator of workers' compensation,   2,178        

in the exercise of the powers and discretion conferred upon him    2,179        

THE ADMINISTRATOR in section 4123.29 of the Revised Code, shall    2,180        

fix and maintain, with the advice and consent of the workers'      2,183        

compensation oversight commission, for each class of occupation    2,185        

or industry, the lowest possible rates of premium consistent with  2,186        

the maintenance of a solvent state insurance fund and the          2,187        

creation and maintenance of a reasonable surplus, after the        2,188        

payment of legitimate claims for injury, occupational disease,     2,189        

and death that he THE ADMINISTRATOR authorizes to be paid from     2,190        

the state insurance fund for the benefit of injured, diseased,     2,191        

and the dependents of killed employees.  In establishing rates,    2,192        

the administrator shall take into account the necessity of         2,193        

ensuring sufficient money is set aside in the premium payment      2,194        

security fund to cover any defaults in premium obligations.  The   2,195        

administrator shall observe all of the following requirements in   2,196        

fixing the rates of premium for the risks of occupations or        2,197        

industries:                                                                     

      (A)  He THE ADMINISTRATOR shall keep an accurate account of  2,199        

                                                          51     

                                                                 
the money paid in premiums by each of the several classes of       2,201        

occupations or industries, and the losses on account of injuries,  2,202        

occupational disease, and death of employees thereof, and also     2,203        

keep an account of the money received from each individual         2,204        

employer and the amount of losses incurred against the state       2,205        

insurance fund on account of injuries, occupational disease, and   2,206        

death of the employees of the employer.                            2,207        

      (B)  Ten per cent of the money paid into the state           2,209        

insurance fund shall be set aside for the creation of a surplus    2,210        

until the surplus amounts to the sum of one hundred thousand       2,211        

dollars, after which time, whenever necessary in the judgment of   2,212        

the administrator to guarantee a solvent state insurance fund, a   2,213        

sum not exceeding five per cent of all the money paid into the     2,214        

state insurance fund shall be credited to the surplus fund.  A     2,215        

revision of basic rates shall be made annually on the first day    2,216        

of July.                                                           2,217        

      Notwithstanding any provision of the law to the contrary,    2,219        

one hundred eighty days after the effective date on which          2,220        

self-insuring employers first may elect under division (D) of      2,221        

section 4121.66 of the Revised Code to directly pay for            2,222        

rehabilitation expenses, the administrator shall calculate the     2,223        

deficit, if any, in the portion of surplus fund that is used for   2,224        

reimbursement to self-insuring employers for all expenses other    2,225        

than handicapped reimbursement under section 4123.343 of the       2,226        

Revised Code.  Without regard to whether a self-insuring employer  2,227        

makes the election under division (D) of section 4121.66 of the    2,228        

Revised Code, the administrator shall assess all self-insuring     2,229        

employers the amount he THE ADMINISTRATOR determines necessary to  2,231        

reduce the deficit over a period not to exceed five years from     2,232        

the effective date of this amendment OCTOBER 20, 1993.  After the  2,234        

initial assessment, the administrator, from time to time, may      2,235        

determine whether the surplus fund has such a deficit and may      2,237        

assess all self-insuring employers who participated in the         2,238        

portion of the surplus fund during the accrual of the deficit and  2,239        

                                                          52     

                                                                 
who during that time period have not made the election under       2,240        

division (D) of section 4121.66 of the Revised Code the amount he  2,241        

THE ADMINISTRATOR determines necessary to reduce the deficit.      2,242        

      Revisions of basic rates shall be in accordance with the     2,244        

oldest four of the last five calendar years of the combined        2,245        

accident and occupational disease experience of the administrator  2,246        

in the administration of this chapter, as shown by the accounts    2,247        

kept as provided in this section, EXCLUDING THE EXPERIENCE OF      2,248        

EMPLOYERS THAT ARE NO LONGER ACTIVE IF THE ADMINISTRATOR           2,249        

DETERMINES THAT THE INCLUSION OF THOSE EMPLOYERS WOULD HAVE A      2,250        

SIGNIFICANT NEGATIVE IMPACT ON THE REMAINDER OF THE EMPLOYERS IN   2,251        

A PARTICULAR MANUAL CLASSIFICATION; and the administrator shall    2,252        

adopt rules, with the advice and consent of the oversight          2,254        

commission, governing rate revisions, the object of which shall    2,255        

be to make an equitable distribution of losses among the several   2,256        

classes of occupation or industry, which rules shall be general    2,257        

in their application.                                                           

      (C)  The administrator may apply that form of rating system  2,259        

which he THE ADMINISTRATOR finds is best calculated to merit rate  2,261        

or individually rate the risk more equitably, predicated upon the               

basis of its individual industrial accident and occupational       2,262        

disease experience, and may encourage and stimulate accident       2,263        

prevention. The administrator shall develop fixed and equitable    2,264        

rules controlling the rating system, which rules shall conserve    2,265        

to each risk the basic principles of workers' compensation         2,266        

insurance.                                                                      

      (D)  The administrator, from the money paid into the state   2,268        

insurance fund, shall set aside into an account of the state       2,269        

insurance fund titled a premium payment security fund sufficient   2,270        

money to pay for any premiums due from an employer and             2,271        

uncollected that are in excess of the employer's premium security  2,274        

deposit.                                                                        

      The fund shall be in the custody of the treasurer of state.  2,276        

All investment earnings of the fund shall be deposited in the      2,277        

                                                          53     

                                                                 
fund.  Disbursements from the fund shall be made by the bureau of  2,278        

workers' compensation upon order of the administrator to the       2,279        

state insurance fund.  The use of the moneys held by the premium   2,280        

payment security fund is restricted to reimbursement to the state  2,281        

insurance fund of premiums due and uncollected in excess of an     2,282        

employer's premium security deposit.  The moneys constituting the  2,283        

premium payment security fund shall be maintained without regard   2,284        

to or reliance upon any other fund.  This section does not         2,285        

prevent the deposit or investment of the premium payment security  2,286        

fund with any other fund created by this chapter, but the premium  2,287        

payment security fund is separate and distinct for every other     2,288        

purpose and a strict accounting thereof shall be maintained.       2,289        

      (E)  The administrator may grant discounts on premium rates  2,291        

for employers who meet either of the following requirements:       2,292        

      (1)  Have not incurred a compensable injury for one year or  2,294        

more and who maintain an employee safety committee or similar      2,295        

organization or make periodic safety inspections of the            2,296        

workplace.                                                         2,297        

      (2)  Successfully complete a loss prevention program         2,299        

prescribed by the superintendent of the division of safety and     2,300        

hygiene and conducted by the division or by any other person       2,301        

approved by the superintendent.                                    2,302        

      (F)(1)  In determining the premium rates for the             2,304        

construction industry the administrator shall calculate the        2,305        

employers' premiums based upon the actual remuneration             2,306        

construction industry employees receive from construction          2,307        

industry employers, provided that the amount of remuneration the   2,308        

administrator uses in calculating the premiums shall not exceed    2,309        

an average weekly wage equal to one hundred fifty per cent of the  2,310        

statewide average weekly wage as defined in division (C) of        2,312        

section 4123.62 of the Revised Code.                               2,313        

      (2)  Division (F)(1) of this section shall not be construed  2,315        

as affecting the manner in which benefits to a claimant are        2,316        

awarded under this chapter.                                        2,317        

                                                          54     

                                                                 
      (3)  As used in division (F) of this section, "construction  2,319        

industry" includes any activity performed in connection with the   2,320        

erection, alteration, repair, replacement, renovation,             2,321        

installation, or demolition of any building, structure, highway,   2,322        

or bridge.                                                         2,323        

      Sec. 4123.343.  This section shall be construed liberally    2,332        

to the end that employers shall be encouraged to employ and        2,333        

retain in their employment handicapped employees as defined in     2,334        

this section.                                                      2,335        

      (A)  As used in this section, "handicapped employee" means   2,337        

an employee who is afflicted with or subject to any physical or    2,338        

mental impairment, or both, whether congenital or due to an        2,339        

injury or disease of such character that the impairment            2,340        

constitutes a handicap in obtaining employment or would            2,341        

constitute a handicap in obtaining reemployment if the employee    2,342        

should become unemployed and whose handicap is due to any of the   2,343        

following diseases or conditions:                                  2,344        

      (1)  Epilepsy;                                               2,346        

      (2)  Diabetes;                                               2,348        

      (3)  Cardiac disease;                                        2,350        

      (4)  Arthritis;                                              2,352        

      (5)  Amputated foot, leg, arm, or hand;                      2,354        

      (6)  Loss of sight of one or both eyes or a partial loss of  2,356        

uncorrected vision of more than seventy-five per cent              2,357        

bilaterally;                                                       2,358        

      (7)  Residual disability OR IMPAIRMENT from poliomyelitis;   2,360        

      (8)  Cerebral palsy;                                         2,362        

      (9)  Multiple sclerosis;                                     2,364        

      (10)  Parkinson's disease;                                   2,366        

      (11)  Cerebral vascular accident;                            2,368        

      (12)  Tuberculosis;                                          2,370        

      (13)  Silicosis;                                             2,372        

      (14)  Psycho-neurotic disability OR IMPAIRMENT following     2,374        

treatment in a recognized medical or mental institution;           2,375        

                                                          55     

                                                                 
      (15)  Hemophilia;                                            2,377        

      (16)  Chronic osteomyelitis;                                 2,379        

      (17)  Ankylosis of joints;                                   2,381        

      (18)  Hyper insulinism;                                      2,383        

      (19)  Muscular dystrophies;                                  2,385        

      (20)  Arterio-sclerosis;                                     2,387        

      (21)  Thrombo-phlebitis;                                     2,389        

      (22)  Varicose veins;                                        2,391        

      (23)  Cardiovascular, pulmonary, or respiratory diseases of  2,393        

a fire fighter or police officer employed by a municipal           2,394        

corporation or township as a regular member of a lawfully          2,395        

constituted police department or fire department;                  2,396        

      (24)  Coal miners' pneumoconiosis, commonly referred to as   2,398        

"black lung disease";                                              2,399        

      (25)  Disability OR IMPAIRMENT with respect to which an      2,401        

individual has completed a rehabilitation program conducted        2,402        

pursuant to sections 4121.61 to 4121.69 of the Revised Code.       2,403        

      (B)  Under the circumstances set forth in this section all   2,405        

or such portion as the administrator determines of the             2,406        

compensation and benefits paid in any claim arising hereafter      2,407        

shall be charged to and paid from the statutory surplus fund       2,408        

created under section 4123.34 of the Revised Code and only the     2,409        

portion remaining shall be merit-rated or otherwise treated as     2,410        

part of the accident or occupational disease experience of the     2,411        

employer.  If the employer is a self-insuring employer, the        2,412        

proportion of such costs whether charged to the statutory surplus  2,413        

fund in whole or in part shall be by way of direct payment to      2,414        

such employee or his THE EMPLOYEE'S dependents or by way of        2,415        

reimbursement to the self-insuring employer as the circumstances   2,417        

indicate.  The provisions of this section apply only in cases of   2,418        

death, TEMPORARY total disability, whether temporary or permanent  2,420        

TOTAL IMPAIRMENT, and all disabilities IMPAIRMENTS compensated     2,422        

under division (B) of section 4123.57 of the Revised Code.  The    2,423        

administrator shall adopt rules specifying the grounds upon which  2,424        

                                                          56     

                                                                 
charges to the statutory surplus fund are to be made. The rules    2,425        

shall prohibit as a grounds any agreement between employer and     2,426        

claimant as to the merits of a claim and the amount of the         2,427        

charge.                                                                         

      (C)  Any employer who advises the bureau of workers'         2,429        

compensation prior to the occurrence of an injury or occupational  2,430        

disease that it has in its employ a handicapped employee is        2,431        

entitled, in the event the person is injured, to a determination   2,432        

under this section.  Any employer who fails to notify the bureau   2,433        

but applies for a determination under this section is entitled to  2,434        

a determination if the bureau finds that there was good cause for  2,435        

the failure to give notice of the employment of the handicapped    2,436        

employee.  The bureau annually shall require employers to file an  2,437        

inventory of current handicapped employees.                        2,438        

      An employer shall file an application for a determination    2,440        

with the bureau or commission in the same manner as other claims.  2,441        

An application only may be made in cases where IN WHICH a          2,442        

handicapped employee or his THE HANDICAPPED EMPLOYEE'S dependents  2,444        

claim or is ARE receiving an award of compensation as a result of  2,445        

an injury OCCURRING or AN occupational disease occurring or        2,447        

contracted FIRST DIAGNOSED BY A LICENSED PHYSICIAN on or after     2,448        

the date on which division (A) of this section first included the  2,450        

handicap of such employee.                                                      

      (D)  The circumstances under and the manner in which an      2,452        

apportionment under this section shall be made are AS FOLLOWS:     2,453        

      (1)  Whenever a handicapped employee is injured, IMPAIRED,   2,456        

or disabled or dies as the result of an injury or occupational     2,457        

disease sustained in the course of and arising out of his THE      2,458        

EMPLOYEE'S employment in this state and the administrator awards   2,460        

compensation therefor and when it appears to the satisfaction of   2,461        

the administrator that the injury or occupational disease or the   2,462        

death resulting therefrom would not have occurred but for the      2,463        

pre-existing physical or mental impairment of the handicapped      2,464        

employee, all compensation and benefits payable on account of the  2,465        

                                                          57     

                                                                 
disability, IMPAIRMENT, or death shall be paid from the surplus    2,467        

fund.                                                                           

      (2)  Whenever a handicapped employee is injured, IMPAIRED,   2,470        

or disabled or dies as a result of an injury or occupational       2,471        

disease and the administrator finds that the injury or             2,472        

occupational disease would have been sustained or suffered         2,473        

without regard to the employee's pre-existing impairment but that  2,474        

the resulting IMPAIRMENT, disability, or death was caused at       2,476        

least in part through aggravation of the employee's pre-existing   2,477        

disability IMPAIRMENT, the administrator shall determine in a      2,479        

manner that is equitable and, reasonable, and based upon medical   2,481        

evidence the amount of disability, IMPAIRMENT, or proportion of    2,482        

the cost of the death award that is attributable to the            2,483        

employee's pre-existing disability IMPAIRMENT and the amount       2,484        

found shall be charged to the statutory surplus fund.              2,486        

      (E)  The benefits and provisions of this section apply only  2,488        

to employers who have complied with this chapter either through    2,489        

insurance with the state fund or as a self-insuring employer.      2,490        

      (F)  No employer shall in any year SHALL receive credit      2,492        

under this section in an amount greater than the premium he THE    2,493        

EMPLOYER paid if a state fund employer or greater than his THE     2,495        

EMPLOYER'S assessments if a self-insuring employer.                2,497        

      (G)  Self-insuring employers may, for all claims made after  2,499        

January 1, 1987, for compensation and benefits under this          2,500        

section, MAY pay the compensation and benefits directly to the     2,501        

employee or the employee's dependents.  If such an employer        2,502        

chooses to pay compensation and benefits directly, he THE          2,503        

EMPLOYER shall receive no money or credit from the surplus fund    2,505        

for the payment under this section, nor shall he THE EMPLOYER be   2,506        

required to pay any amounts into the surplus fund that otherwise   2,508        

would be assessed for handicapped reimbursements for claims made   2,509        

after January 1, 1987.  Where IF a self-insuring employer elects   2,510        

to pay for compensation and benefits pursuant to this section, he  2,512        

THE EMPLOYER shall assume responsibility for compensation and      2,514        

                                                          58     

                                                                 
benefits arising out of claims made prior to January 1, 1987, and  2,515        

shall not be required to pay any amounts into the surplus fund     2,516        

and may not receive any money or credit from that fund on account  2,517        

of this section.  The election made under this division is         2,518        

irrevocable.                                                                    

      (H)  An order issued by the administrator pursuant to this   2,520        

section is appealable under section 4123.511 of the Revised Code   2,521        

but is not appealable to court under section 4123.512 of the       2,522        

Revised Code.                                                      2,523        

      Sec. 4123.35.  (A)  Except as provided in this section,      2,532        

every employer mentioned in division (B)(2) of section 4123.01 of  2,533        

the Revised Code, and every publicly owned utility shall pay       2,534        

semiannually in the months of January and July into the state      2,536        

insurance fund the amount of annual premium the administrator of   2,537        

workers' compensation fixes for the employment or occupation of    2,538        

the employer, the amount of which premium to be paid by each       2,539        

employer to be determined by the classifications, rules, and       2,540        

rates made and published by the administrator.  The employer                    

shall pay semiannually a further sum of money into the state       2,541        

insurance fund as may be ascertained to be due from the employer   2,544        

by applying the rules of the administrator, and a receipt or       2,545        

certificate certifying that payment has been made shall be mailed  2,547        

immediately to the employer by the bureau of workers'                           

compensation.  The receipt or certificate is prima facie evidence  2,548        

of the payment of the premium.                                     2,549        

      The bureau of workers' compensation shall verify with the    2,551        

secretary of state the existence of all corporations and           2,552        

organizations making application for workers' compensation         2,553        

coverage and shall require every such application to include the   2,554        

employer's federal identification number.                          2,555        

      An employer as defined in division (B)(2) of section         2,557        

4123.01 of the Revised Code who has contracted with a              2,558        

subcontractor is liable for the unpaid premium due from any        2,559        

subcontractor with respect to that part of the payroll of the      2,560        

                                                          59     

                                                                 
subcontractor that is for work performed pursuant to the contract  2,562        

with the employer.                                                              

      Division (A) of section 4123.35 of the Revised Code          2,564        

providing for the payment of premiums semiannually does not apply  2,565        

to any employer who was a subscriber to the state insurance fund   2,566        

prior to January 1, 1914, or who may first become a subscriber to  2,567        

the fund in any month other than January or July.  Instead, the    2,568        

semiannual premiums shall be paid by those employers from time to  2,569        

time upon the expiration of the respective periods for which       2,570        

payments into the fund have been made by them.                                  

      The administrator shall adopt rules to permit employers to   2,572        

make periodic payments of the semiannual premium due under this    2,573        

division.  The rules shall include provisions for the assessment   2,574        

of interest charges, where appropriate, and for the assessment of  2,575        

penalties when an employer fails to make timely premium payments.  2,577        

An employer who timely pays the amounts due under this division    2,578        

is entitled to all of the benefits and protections of this         2,579        

chapter.  Upon receipt of payment, the bureau immediately shall    2,580        

mail a receipt or certificate to the employer certifying that                   

payment has been made, which receipt is prima-facie evidence of    2,582        

payment.  Workers' compensation coverage under this chapter        2,583        

continues uninterrupted upon timely receipt of payment under this  2,584        

division.                                                                       

      Every employer mentioned in division (B)(1) of section       2,586        

4123.01 of the Revised Code, except boards of county hospital      2,587        

trustees that are self-insuring employers under this section,      2,588        

shall comply with sections 4123.38 to 4123.41, and 4123.48 of the  2,590        

Revised Code in regard to the contribution of moneys to the        2,591        

public insurance fund.                                             2,592        

      (B)  Provided, that employers mentioned in division (B)(2)   2,594        

of section 4123.01 of the Revised Code, boards of county hospital  2,595        

trustees, and publicly owned utilities who will abide by the       2,596        

rules of the administrator and who may be of sufficient financial  2,597        

ability to render certain the payment of compensation to injured   2,598        

                                                          60     

                                                                 
employees or the dependents of killed employees, and the           2,599        

furnishing of medical, surgical, nursing, and hospital attention   2,600        

and services and medicines, and funeral expenses, equal to or      2,601        

greater than is provided for in sections 4123.52, 4123.55 to       2,602        

4123.62, and 4123.64 to 4123.67 of the Revised Code, and who do    2,603        

not desire to insure the payment thereof or indemnify themselves   2,604        

against loss sustained by the direct payment thereof, upon a       2,605        

finding of such facts by the administrator, may be granted the     2,606        

privilege to pay individually compensation, and furnish medical,   2,608        

surgical, nursing, and hospital services and attention and         2,609        

funeral expenses directly to injured employees or the dependents   2,610        

of killed employees, thereby being granted status as a             2,612        

self-insuring employer.  The administrator may charge employers,   2,613        

boards of county hospital trustees, or publicly owned utilities    2,614        

who apply for the status as a self-insuring employer a reasonable  2,615        

application fee to cover the bureau's costs in connection with     2,616        

processing and making a determination with respect to an           2,617        

application.  All employers granted such status shall demonstrate  2,618        

sufficient financial and administrative ability to assure that     2,619        

all obligations under this section are promptly met.  The          2,620        

administrator shall deny the privilege where the employer is       2,621        

unable to demonstrate the employer's ability to promptly meet all  2,622        

the obligations imposed on the employer by this section.  The      2,623        

administrator shall consider, but is not limited to, the           2,625        

following factors, where applicable, in determining the                         

employer's ability to meet all of the obligations imposed on the   2,626        

employer by this section:                                          2,627        

      (1)  The employer employs a minimum of five hundred          2,629        

employees in this state;                                           2,630        

      (2)  The employer has operated in this state for a minimum   2,632        

of two years, provided that an employer who has purchased,         2,633        

acquired, or otherwise succeeded to the operation of a business,   2,634        

or any part thereof, situated in this state that has operated for  2,635        

at least two years in this state, also shall qualify;              2,636        

                                                          61     

                                                                 
      (3)  Where the employer previously contributed to the state  2,638        

insurance fund or is a successor employer as defined by bureau     2,639        

rules, the amount of the buy-out, as defined by bureau rules;      2,640        

      (4)  The sufficiency of the employer's assets located in     2,642        

this state to insure the employer's solvency in paying             2,643        

compensation directly;                                             2,644        

      (5)  The financial records, documents, and data, certified   2,646        

by a certified public accountant, necessary to provide the         2,647        

employer's full financial disclosure.  The records, documents,     2,648        

and data include, but are not limited to, balance sheets and       2,649        

profit and loss history for the current year and previous four     2,650        

years.                                                             2,651        

      (6)  The employer's organizational plan for the              2,653        

administration of the workers' compensation law;                   2,654        

      (7)  The employer's proposed plan to inform employees of     2,656        

the change from a state fund insurer to a self-insuring employer,  2,657        

the procedures the employer will follow as a self-insuring         2,658        

employer, and the employees' rights to compensation and benefits;  2,659        

and                                                                2,660        

      (8)  The employer has either an account in a financial       2,662        

institution in this state, or if the employer maintains an         2,663        

account with a financial institution outside this state, ensures   2,664        

that workers' compensation checks are drawn from the same account  2,665        

as payroll checks or the employer clearly indicates that payment   2,666        

will be honored by a financial institution in this state.          2,667        

      The administrator may waive the requirements of divisions    2,669        

(B)(1) and (2) of this section and the requirement of division     2,670        

(B)(5) of this section that the financial records, documents, and  2,671        

data be certified by a certified public accountant.  The           2,672        

administrator shall adopt rules establishing the criteria that an  2,673        

employer shall meet in order for the administrator to waive the    2,674        

requirement of division (B)(5) of this section.  Such rules may    2,675        

require additional security of that employer pursuant to division  2,676        

(E) of section 4123.351 of the Revised Code.  The administrator    2,677        

                                                          62     

                                                                 
shall not grant the status of self-insuring employer to any        2,678        

public employer, other than publicly owned utilities and boards    2,679        

of county hospital trustees.                                       2,680        

      (C)  The administrator shall require a surety bond from all  2,682        

self-insuring employers, issued pursuant to section 4123.351 of    2,683        

the Revised Code, that is sufficient to compel, or secure to       2,684        

injured employees, or to the dependents of employees killed, the   2,685        

payment of compensation and expenses, which shall in no event be   2,686        

less than that paid or furnished out of the state insurance fund   2,687        

in similar cases to injured employees or to dependents of killed   2,688        

employees whose employers contribute to the fund, except when an   2,689        

employee of the employer, who has suffered the loss of a hand,     2,690        

arm, foot, leg, or eye prior to the injury for which compensation  2,691        

is to be paid, and thereafter suffers the loss of any other of     2,692        

the members as the result of any injury sustained in the course    2,693        

of and arising out of the employee's employment, the compensation  2,695        

to be paid by the self-insuring employer is limited to the                      

disability OR IMPAIRMENT suffered in the subsequent injury,        2,696        

additional compensation, if any, to be paid by the bureau out of   2,698        

the surplus created by section 4123.34 of the Revised Code.        2,699        

      (D)  In addition to the requirements of this section, the    2,701        

administrator shall make and publish rules governing the manner    2,702        

of making application and the nature and extent of the proof       2,703        

required to justify a finding of fact by the administrator as to   2,704        

granting the status of a self-insuring employer, which rules       2,705        

shall be general in their application, one of which rules shall    2,706        

provide that all self-insuring employers shall pay into the state  2,707        

insurance fund such amounts as are required to be credited to the  2,708        

surplus fund in division (B) of section 4123.34 of the Revised     2,709        

Code.                                                              2,710        

      Employers shall secure directly from the bureau central      2,712        

offices application forms upon which the bureau shall stamp a      2,713        

designating number.  Prior to submission of an application, an     2,714        

employer shall make available to the bureau, and the bureau shall  2,715        

                                                          63     

                                                                 
review, the information described in divisions (B)(1) to (8) of    2,716        

this section.  An employer shall file the completed application    2,717        

forms with an application fee, which shall cover the costs of      2,718        

processing the application, as established by the administrator,   2,719        

by rule, with the bureau at least ninety days prior to the         2,720        

effective date of the employer's new status as a self-insuring     2,721        

employer.  The application form is not deemed complete until all   2,722        

the required information is attached thereto.  The bureau shall    2,723        

only accept applications that contain the required information.    2,724        

      (E)  The bureau shall review completed applications within   2,726        

a reasonable time.  If the bureau determines to grant an employer  2,727        

the status as a self-insuring employer, the bureau shall issue a   2,728        

statement, containing its findings of fact, that is prepared by    2,729        

the bureau and signed by the administrator.  If the bureau         2,730        

determines not to grant the status as a self-insuring employer,    2,731        

the bureau shall notify the employer of the determination and      2,732        

require the employer to continue to pay its full premium into the  2,733        

state insurance fund.  The administrator also shall adopt rules    2,734        

establishing a minimum level of performance as a criterion for     2,735        

granting and maintaining the status as a self-insuring employer    2,736        

and fixing time limits beyond which failure of the self-insuring   2,737        

employer to provide for the necessary medical examinations and     2,738        

evaluations may not delay a decision on a claim.                   2,739        

      (F)  The administrator shall adopt rules setting forth       2,741        

procedures for auditing the program of self-insuring employers.    2,742        

The bureau shall conduct the audit upon a random basis or          2,743        

whenever the bureau has grounds for believing that an employer is  2,744        

not in full compliance with bureau rules or this chapter.          2,745        

      The administrator shall monitor the programs conducted by    2,747        

self-insuring employers, to ensure compliance with bureau          2,748        

requirements and for that purpose, shall develop and issue to      2,749        

self-insuring employers standardized forms for use by the          2,750        

employer in all aspects of the employers' direct compensation      2,751        

program and for reporting of information to the bureau.            2,752        

                                                          64     

                                                                 
      The bureau shall receive and transmit to the employer all    2,754        

complaints concerning any self-insuring employer.  In the case of  2,755        

a complaint against a self-insuring employer, the administrator    2,756        

shall handle the complaint through the self-insurance division of  2,757        

the bureau.  The bureau shall maintain a file by employer of all   2,758        

complaints received that relate to the employer.  The bureau       2,759        

shall evaluate each complaint and take appropriate action.         2,760        

      The administrator shall adopt as a rule a prohibition        2,762        

against any self-insuring employer from harassing, dismissing, or  2,763        

otherwise disciplining any employee making a complaint, which      2,764        

rule shall provide for a financial penalty to be levied by the     2,765        

administrator payable by the offending employer.                   2,766        

      (G)  For the purpose of making determinations as to whether  2,768        

to grant status as a self-insuring employer, the administrator     2,769        

may subscribe to and pay for a credit reporting service that       2,770        

offers financial and other business information about individual   2,771        

employers.  The costs in connection with the bureau's              2,772        

subscription or individual reports from the service about an       2,773        

applicant may be included in the application fee charged           2,774        

employers under this section.                                      2,775        

      (H)  The administrator, notwithstanding other provisions of  2,778        

this chapter, may permit a self-insuring employer to resume        2,779        

payment of premiums to the state insurance fund with appropriate   2,780        

credit modifications to the employer's basic premium rate as such  2,781        

rate is determined pursuant to section 4123.29 of the Revised      2,782        

Code.                                                                           

      (I)  On the first day of July of each year, the              2,784        

administrator shall calculate separately each self-insuring        2,785        

employer's assessments for the safety and hygiene fund,            2,786        

administrative costs pursuant to section 4123.342 of the Revised   2,787        

Code, and for the portion of the surplus fund under division (B)   2,788        

of section 4123.34 of the Revised Code that is not used for        2,789        

handicapped reimbursement, on the basis of the paid compensation   2,790        

attributable to the individual self-insuring employer according    2,791        

                                                          65     

                                                                 
to the following calculation:                                      2,792        

      (1)  The total assessment against all self-insuring          2,794        

employers as a class for each fund and for the administrative      2,795        

costs for the year that the assessment is being made, as           2,796        

determined by the administrator, divided by the total amount of    2,797        

paid compensation for the previous calendar year attributable to   2,798        

all amenable self-insuring employers;                              2,799        

      (2)  Multiply the quotient in division (I)(1) of this        2,801        

section by the total amount of paid compensation for the previous  2,802        

calendar year that is attributable to the individual               2,803        

self-insuring employer for whom the assessment is being            2,804        

determined.  Each self-insuring employer shall pay the assessment  2,805        

that results from this calculation, unless the assessment          2,806        

resulting from this calculation falls below a minimum assessment,  2,807        

which minimum assessment the administrator shall determine on the  2,808        

first day of July of each year with the advice and consent of the  2,809        

workers' compensation oversight commission, in which event, the    2,810        

self-insuring employer shall pay the minimum assessment.           2,811        

      In determining the total amount due for the total            2,813        

assessment against all self-insuring employers as a class for      2,814        

each fund and the administrative assessment, the administrator     2,815        

shall reduce proportionately the total for each fund and           2,817        

assessment by the amount of money in the self-insurance            2,818        

assessment fund as of the date of the computation of the           2,819        

assessment.                                                        2,820        

      The administrator shall calculate the assessment for the     2,822        

portion of the surplus fund under division (B) of section 4123.34  2,823        

of the Revised Code that is used for handicapped reimbursement in  2,824        

the same manner as set forth in divisions (I)(1) and (2) of this   2,825        

section except that the administrator shall calculate the total    2,826        

assessment for this portion of the surplus fund only on the basis  2,827        

of those self-insuring employers that retain participation in the  2,828        

handicapped reimbursement program and the individual               2,829        

self-insuring employer's proportion of paid compensation shall be  2,830        

                                                          66     

                                                                 
calculated only for those self-insuring employers who retain       2,831        

participation in the handicapped reimbursement program.  The       2,832        

administrator, as the administrator determines appropriate, may    2,834        

determine the total assessment for the handicapped portion of the  2,835        

surplus fund in accordance with sound actuarial principles.        2,836        

      The administrator shall calculate the assessment for the     2,838        

portion of the surplus fund under division (B) of section 4123.34  2,839        

of the Revised Code that under division (D) of section 4121.66 of  2,840        

the Revised Code is used for rehabilitation costs in the same      2,841        

manner as set forth in divisions (I)(1) and (2) of this section,   2,842        

except that the administrator shall calculate the total            2,843        

assessment for this portion of the surplus fund only on the basis  2,844        

of those self-insuring employers who have not made the election    2,845        

to make payments directly under division (D) of section 4121.66    2,846        

of the Revised Code and an individual self-insuring employer's     2,847        

proportion of paid compensation only for those self-insuring       2,848        

employers who have not made that election.                         2,849        

      An employer who no longer is a self-insuring employer in     2,851        

this state or who no longer is operating in this state, shall      2,852        

continue to pay assessments for administrative costs and for the   2,853        

portion of the surplus fund under division (B) of section 4123.34  2,854        

of the Revised Code that is not used for handicapped               2,855        

reimbursement, based upon paid compensation attributable to        2,856        

claims that occurred while the employer was a self-insuring        2,857        

employer within this state.                                        2,858        

      (J)  There is hereby created in the state treasury the       2,860        

self-insurance assessment fund.  All investment earnings of the    2,861        

fund shall be deposited in the fund.  The administrator shall use  2,862        

the money in the self-insurance assessment fund only for           2,863        

administrative costs as specified in section 4123.341 of the       2,864        

Revised Code.                                                      2,865        

      (K)  Every self-insuring employer shall certify, in          2,867        

affidavit form subject to the penalty for perjury, to the bureau   2,868        

the amount of the self-insuring employer's paid compensation for   2,869        

                                                          67     

                                                                 
the previous calendar year.  In reporting paid compensation paid   2,870        

for the previous year, a self-insuring employer shall exclude      2,871        

from the total amount of paid compensation any reimbursement the   2,872        

employer receives in the previous calendar year from the surplus   2,873        

fund pursuant to section 4123.512 of the Revised Code for any      2,874        

paid compensation.  The self-insuring employer also shall exclude  2,875        

from the paid compensation reported any amount recovered under     2,876        

section 4123.93 of the Revised Code and any amount that is         2,877        

determined not to have been payable to or on behalf of a claimant  2,878        

in any final administrative or judicial proceeding.  The           2,879        

self-insuring employer shall exclude such amounts from the paid    2,880        

compensation reported in the reporting period subsequent to the    2,881        

date the determination is made.  The administrator shall adopt     2,882        

rules, in accordance with Chapter 119. of the Revised Code,        2,883        

establishing the date by which self-insuring employers must        2,884        

submit such information and the amount of the assessments          2,885        

provided for in division (I) of this section for employers who     2,886        

have been granted self-insuring status within the last calendar    2,887        

year.                                                              2,888        

      The administrator shall include any assessment that remains  2,890        

unpaid for previous assessment periods in the calculation and      2,891        

collection of any assessments due under this division or division  2,892        

(I) of this section.                                               2,893        

      (L)  As used in this section, "paid compensation" means all  2,895        

amounts paid by a self-insuring employer for living maintenance    2,896        

benefits, all amounts for compensation paid pursuant to sections   2,897        

4121.63, 4121.67, 4123.56, 4123.57, 4123.58, 4123.59, 4123.60,     2,898        

and 4123.64 of the Revised Code, all amounts paid as wages in      2,899        

lieu of such compensation, all amounts paid in lieu of such        2,900        

compensation under a nonoccupational accident and sickness         2,901        

program fully funded by the self-insuring employer, and all        2,902        

amounts paid by a self-insuring employer for a violation of a      2,903        

specific safety standard pursuant to Section 35 of Article II,     2,904        

Ohio Constitution and section 4121.47 of the Revised Code.         2,905        

                                                          68     

                                                                 
      (M)  Should any section of this chapter or Chapter 4121. of  2,907        

the Revised Code providing for self-insuring employers'            2,908        

assessments based upon compensation paid be declared               2,909        

unconstitutional by a final decision of any court, then that       2,910        

section of the Revised Code declared unconstitutional shall        2,911        

revert back to the section in existence prior to November 3,       2,912        

1989, providing for assessments based upon payroll.                2,913        

      (N)  The administrator may grant a self-insuring employer    2,915        

the privilege to self-insure a construction project entered into   2,916        

by the self-insuring employer that is scheduled for completion     2,917        

within six years after the date the project begins, and the total  2,918        

cost of which is estimated to exceed one hundred million dollars.  2,920        

The administrator may waive such cost and time criteria and grant  2,921        

a self-insuring employer the privilege to self-insure a                         

construction project regardless of the time needed to complete     2,922        

the construction project and provided that the cost of the         2,923        

construction project is estimated to exceed fifty million          2,924        

dollars.  A self-insuring employer who desires to self-insure a    2,926        

construction project shall submit to the administrator an                       

application listing the dates the construction project is          2,927        

scheduled to begin and end, the estimated cost of the              2,929        

construction project, the contractors and subcontractors whose                  

employees are to be self-insured by the self-insuring employer,    2,930        

the provisions of a safety program that is specifically designed   2,931        

for the construction project, and a statement as to whether a      2,932        

collective bargaining agreement governing the rights, duties, and  2,933        

obligations of each of the parties to the agreement with respect   2,934        

to the construction project exists between the self-insuring       2,935        

employer and a labor organization.                                 2,936        

      A self-insuring employer may apply to self-insure the        2,938        

employees of either of the following:                              2,939        

      (1)  All contractors and subcontractors who perform labor    2,941        

or work or provide materials for the construction project;         2,942        

      (2)  All contractors and, at the administrator's             2,944        

                                                          69     

                                                                 
discretion, a substantial number of all the subcontractors who     2,945        

perform labor or work or provide materials for the construction    2,946        

project.                                                                        

      Upon approval of the application, the administrator shall    2,948        

mail a certificate granting the privilege to self-insure the       2,949        

construction project to the self-insuring employer.  The           2,950        

certificate shall contain the name of the self-insuring employer   2,951        

and the name, address, and telephone number of the self-insuring   2,952        

employer's representatives who are responsible for administering                

workers' compensation claims for the construction project.  The    2,953        

self-insuring employer shall post the certificate in a             2,954        

conspicuous place at the site of the construction project.         2,955        

      The administrator shall maintain a record of the             2,957        

contractors and subcontractors whose employees are covered under   2,958        

the certificate issued to the self-insured employer.  A            2,959        

self-insuring employer immediately shall notify the administrator  2,960        

when any contractor or subcontractor is added or eliminated from   2,961        

inclusion under the certificate.                                                

      Upon approval of the application, the self-insuring          2,963        

employer is responsible for the administration and payment of all  2,964        

claims under this chapter and Chapter 4121. of the Revised Code    2,965        

for the employees of the contractor and subcontractors covered     2,966        

under the certificate who receive injuries or are killed in the    2,967        

course of and arising out of employment on the construction        2,969        

project, or who contract an occupational disease in the course of  2,970        

employment on the construction project.  For purposes of this                   

chapter and Chapter 4121. of the Revised Code, a claim that is     2,972        

administered and paid in accordance with this division is                       

considered a claim against the self-insuring employer listed in    2,973        

the certificate.  A contractor or subcontractor included under     2,974        

the certificate shall report to the self-insuring employer listed  2,975        

in the certificate, all claims that arise under this chapter and   2,976        

Chapter 4121. of the Revised Code in connection with the           2,978        

construction project for which the certificate is issued.          2,979        

                                                          70     

                                                                 
      A self-insuring employer who complies with this division is  2,981        

entitled to the protections provided under this chapter and        2,982        

Chapter 4121. of the Revised Code with respect to the employees    2,984        

of the contractors and subcontractors covered under a certificate  2,985        

issued under this division for death or injuries that arise out    2,986        

of, or death, injuries, or occupational diseases that arise in                  

the course of, those employees' employment on that construction    2,988        

project, as if the employees were employees of the self-insuring   2,989        

employer, provided that the self-insuring employer also complies   2,990        

with this section.  No employee of the contractors and                          

subcontractors covered under a certificate issued under this       2,991        

division shall be considered the employee of the self-insuring     2,992        

employer listed in that certificate for any purposes other than    2,993        

this chapter and Chapter 4121. of the Revised Code.  Nothing in    2,994        

this division gives a self-insuring employer authority to control  2,995        

the means, manner, or method of employment of the employees of     2,996        

the contractors and subcontractors covered under a certificate     2,997        

issued under this division.                                        2,998        

      The contractors and subcontractors included under a          3,000        

certificate issued under this division are entitled to the         3,001        

protections provided under this chapter and Chapter 4121. of the   3,002        

Revised Code with respect to the contractor's or subcontractor's   3,003        

employees who are employed on the construction project which is    3,004        

the subject of the certificate, for death or injuries that arise   3,005        

out of, or death, injuries, or occupational diseases that arise    3,006        

in the course of, those employees' employment on that              3,007        

construction project.                                                           

      The contractors and subcontractors included under a          3,009        

certificate issued under this division shall identify in their     3,010        

payroll records the employees who are considered the employees of  3,011        

the self-insuring employer listed in that certificate for          3,012        

purposes of this chapter and Chapter 4121. of the Revised Code,    3,014        

and the amount that those employees earned for employment on the   3,015        

construction project that is the subject of that certificate.      3,016        

                                                          71     

                                                                 
Notwithstanding any provision to the contrary under this chapter                

and Chapter 4121. of the Revised Code, the administrator shall     3,019        

exclude the payroll that is reported for employees who are         3,020        

considered the employees of the self-insuring employer listed in                

that certificate, and that the employees earned for employment on  3,021        

the construction project that is the subject of that certificate,  3,022        

when determining those contractors' or subcontractors' premiums    3,023        

or assessments required under this chapter and Chapter 4121. of    3,024        

the Revised Code.  A self-insuring employer issued a certificate   3,025        

under this division shall include in the amount of paid            3,026        

compensation it reports pursuant to division (K) of this section,  3,027        

the amount of paid compensation the self-insuring employer paid    3,028        

pursuant to this division for the previous calendar year.          3,029        

      Nothing in this division shall be construed as altering the  3,031        

rights of employees under this chapter and Chapter 4121. of the    3,032        

Revised Code as those rights existed prior to the effective date   3,034        

of this amendment SEPTEMBER 17, 1996.  Nothing in this division    3,035        

shall be construed as altering the rights devolved under sections  3,036        

2305.31 and 4123.82 of the Revised Code as those rights existed    3,038        

prior to the effective date of this amendment SEPTEMBER 17, 1996.  3,039        

      As used in this division, "privilege to self-insure a        3,041        

construction project" means privilege to pay individually          3,042        

compensation, and to furnish medical, surgical, nursing, and       3,043        

hospital services and attention and funeral expenses directly to   3,044        

injured employees or the dependents of killed employees.           3,045        

      (O)  A self-insuring employer whose application is granted   3,047        

under division (N) of this section shall designate a safety        3,048        

professional to be responsible for the administration and          3,049        

enforcement of the safety program that is specifically designed    3,050        

for the construction project that is the subject of the            3,051        

application.                                                                    

      A self-insuring employer whose application is granted under  3,053        

division (N) of this section shall employ an ombudsperson for the  3,054        

construction project that is the subject of the application.  The  3,055        

                                                          72     

                                                                 
ombudsperson shall have experience in workers' compensation or     3,056        

the construction industry, or both.  The ombudsperson shall        3,057        

perform all of the following duties:                                            

      (1)  Communicate with and provide information to employees   3,059        

who are injured in the course of, or whose injury arises out of    3,060        

employment on the construction project, or who contract an         3,061        

occupational disease in the course of employment on the            3,062        

construction project;                                                           

      (2)  Investigate the status of a claim upon the request of   3,064        

an employee to do so;                                              3,065        

      (3)  Provide information to claimants, third party           3,067        

administrators, employers, and other persons to assist those       3,068        

persons in protecting their rights under this chapter and Chapter  3,069        

4121. of the Revised Code.                                         3,070        

      A self-insuring employer whose application is granted under  3,072        

division (N) of this section shall post the name of the safety     3,074        

professional and the ombudsperson and instructions for contacting               

the safety professional and the ombudsperson in a conspicuous      3,075        

place at the site of the construction project.                     3,076        

      (P)  The administrator may consider all of the following     3,079        

when deciding whether to grant a self-insuring employer the        3,080        

privilege to self-insure a construction project as provided under  3,081        

division (N) of this section:                                      3,082        

      (1)  Whether the self-insuring employer has an               3,084        

organizational plan for the administration of the workers'         3,085        

compensation law;                                                  3,086        

      (2)  Whether the safety program that is specifically         3,088        

designed for the construction project provides for the safety of   3,089        

employees employed on the construction project, is applicable to   3,091        

all contractors and subcontractors who perform labor or work or    3,092        

provide materials for the construction project, and has a                       

component, a safety training program that complies with standards  3,093        

adopted pursuant to the "Occupational Safety and Health Act of     3,094        

1970," 84 Stat. 1590, 29 U.S.C.A. 651, and provides for            3,095        

                                                          73     

                                                                 
continuing management and employee involvement;                    3,096        

      (3)  Whether granting the privilege to self-insure the       3,098        

construction project will reduce the costs of the construction     3,099        

project;                                                           3,100        

      (4)  Whether the self-insuring employer has employed an      3,102        

ombudsperson as required under division (O) of this section;       3,104        

      (5)  Whether the self-insuring employer has sufficient       3,106        

surety to secure the payment of claims for which the               3,107        

self-insuring employer would be responsible pursuant to the        3,108        

granting of the privilege to self-insure a construction project    3,109        

under division (N) of this section.                                3,111        

      Sec. 4123.352.  (A)  There is hereby created the             3,120        

self-insuring employers evaluation board consisting of three       3,121        

members.  The member of the industrial commission representing     3,122        

the public shall be a member of the self-insuring employers        3,123        

evaluation board and shall serve, ex officio, as chairman          3,124        

CHAIRPERSON.  The governor shall appoint the remaining two         3,125        

members with the advice and consent of the senate.  One member     3,126        

shall be a member of the Ohio self-insurance association and one   3,127        

member shall be a representative of labor.  Not more than two of   3,128        

the three members of the board may be of the same political        3,129        

party.                                                                          

      Of the two members originally appointed by the governor      3,131        

pursuant to this section, one shall serve an initial term of two   3,132        

years and one an initial term of four years.  Thereafter, terms    3,133        

of office of the two members are for four years, each term ending  3,134        

on the same date as the original date of appointment.  Any member  3,135        

appointed to fill a vacancy occurring prior to the expiration of   3,136        

the term for which his THE MEMBER'S predecessor was appointed      3,137        

shall hold office for the remainder of such term.  Any member      3,138        

shall continue in office subsequent to the expiration date of his  3,139        

THE MEMBER'S term until his A successor takes office, or until a   3,140        

period of sixty days has elapsed, whichever occurs first.  A       3,142        

vacancy in an unexpired term shall be filled in the same manner    3,143        

                                                          74     

                                                                 
as the original appointment. The governor may remove any member    3,144        

pursuant to section 3.05 of the Revised Code.                      3,145        

      The board member who also is a member of the commission      3,147        

shall receive no additional compensation but shall be reimbursed   3,148        

for actual and necessary expenses in the performance of his THE    3,149        

MEMBER'S duties AS A MEMBER OF THE BOARD.  The two remaining       3,150        

members of the board shall receive per diem compensation fixed     3,151        

pursuant to division (J) of section 124.15 of the Revised Code     3,152        

and actual and necessary expenses incurred in the performance of   3,153        

their duties.                                                                   

      For administrative purposes, the board is a part of the      3,155        

bureau of workers' compensation, and the bureau shall furnish the  3,156        

board with necessary office space, staff, and supplies.  The       3,157        

board shall meet as required by the administrator of workers'      3,158        

compensation.                                                      3,159        

      (B)  In addition to the grounds listed in section 4123.35    3,161        

of the Revised Code pertaining to criteria for being granted the   3,162        

status as a self-insuring employer, the grounds upon which the     3,163        

administrator may ASSESS A FINE OR PENALTY AGAINST, OR revoke or   3,164        

refuse to renew the SELF-INSURING status includes OF A             3,165        

SELF-INSURING EMPLOYER INCLUDE failure to comply with any rules    3,166        

or orders of the administrator or to pay contributions to the      3,168        

self-insuring employers' guaranty fund established by section      3,169        

4123.351 of the Revised Code, continued failure to file medical    3,170        

reports bearing upon the injury of the claimant, and failure to    3,171        

pay compensation or benefits in accordance with law in a timely    3,172        

manner.  A deficiency in any of the grounds listed in this         3,173        

division is sufficient to justify the administrator's ASSESSMENT   3,174        

OF A FINE OR PENALTY AGAINST A SELF-INSURING EMPLOYER, OR THE      3,175        

revocation or refusal to renew the employer's status as a          3,176        

self-insuring employer.  THE ADMINISTRATOR, OR THE                              

ADMINISTRATOR'S DESIGNEE, SHALL HOLD A HEARING, AFTER NOTICE TO    3,177        

THE SELF-INSURING EMPLOYER OF THE HEARING, BEFORE ASSESSING A      3,178        

FINE OR PENALTY AGAINST A SELF-INSURING EMPLOYER OR REVOKING OR    3,179        

                                                          75     

                                                                 
REFUSING TO RENEW AN EMPLOYER'S STATUS AS A SELF-INSURING          3,180        

EMPLOYER.  The administrator need not ASSESS A FINE OR PENALTY     3,182        

AGAINST A SELF-INSURING EMPLOYER, OR revoke or refuse to renew an  3,183        

employer's status as a self-insuring employer if adequate          3,184        

corrective action is taken by the employer pursuant to division    3,185        

(C) of this section.  THE ADMINISTRATOR, WITH THE ADVICE AND       3,186        

CONSENT OF THE WORKERS' COMPENSATION OVERSIGHT COMMISSION, SHALL   3,187        

ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE    3,190        

FOR THE ASSESSMENT OF A FINE OR PENALTY UNDER THIS SECTION         3,191        

AGAINST A SELF-INSURING EMPLOYER.  ALL SUMS COLLECTED UNDER THIS   3,192        

DIVISION SHALL BE PAID INTO THE SELF-INSURANCE ASSESSMENT FUND     3,193        

CREATED PURSUANT TO DIVISION (J) OF SECTION 4123.35 OF THE         3,195        

REVISED CODE.                                                      3,196        

      (C)  The administrator shall refer to the board all          3,198        

complaints or allegations of misconduct against a self-insuring    3,199        

employer or questions as to whether a self-insuring employer       3,200        

continues to meet minimum standards.  The board shall investigate  3,201        

and may order the employer to take corrective action in            3,202        

accordance with the schedule the board fixes.  The board's         3,203        

determination in this regard need not be made by formal hearing    3,204        

but shall be issued in written form and contain the signature of   3,205        

at least two board members.  If the board determines, after A      3,207        

SELF-INSURING EMPLOYER MAY APPEAL THE ADMINISTRATOR'S ASSESSMENT   3,208        

OF A FINE OR PENALTY AGAINST A SELF-INSURING EMPLOYER, OR THE      3,209        

REVOCATION OF OR REFUSAL TO RENEW THE SELF-INSURING STATUS OF A    3,210        

SELF-INSURING EMPLOYER UNDER THIS SECTION, WITHIN THIRTY DAYS      3,211        

AFTER RECEIPT OF NOTICE OF THE FINE, PENALTY, REVOCATION, OR       3,212        

RENEWAL REFUSAL, TO THE SELF-INSURING EMPLOYERS EVALUATION BOARD.  3,213        

THE FILING OF AN APPEAL SHALL STAY THE ADMINISTRATOR'S ORDER.      3,214        

AFTER a hearing conducted pursuant to Chapter 119. of the Revised  3,215        

Code and the rules of the bureau, that the employer has failed to  3,216        

correct the deficiencies within the time fixed by the board or is  3,217        

otherwise in violation of this chapter, the board shall recommend  3,219        

to the administrator revocation of an employer's status as a                    

                                                          76     

                                                                 
self-insuring employer or such other penalty which may include,    3,220        

but is not limited to, probation, or a civil penalty not to        3,221        

exceed ten thousand dollars for each failure.  A board             3,222        

recommendation to revoke an employer's status as a self-insuring   3,223        

employer shall be by unanimous vote.  A recommendation for any     3,224        

other penalty shall be by majority vote.  Where the board makes    3,225        

recommendations to the administrator for disciplining a            3,226        

self-insuring employer, the administrator promptly and fully       3,227        

shall implement the recommendations AFFIRM OR VACATE THE           3,229        

ASSESSMENT OF A FINE OR PENALTY AGAINST A SELF-INSURING EMPLOYER   3,230        

BY MAJORITY VOTE OF THE BOARD.  IF THE ADMINISTRATOR DECIDES TO    3,231        

REVOKE OR REFUSE TO RENEW THE EMPLOYER'S STATUS AS A               3,232        

SELF-INSURING EMPLOYER, THE BOARD'S DECISION TO AFFIRM THE         3,233        

ADMINISTRATOR'S DECISION SHALL BE BY UNANIMOUS VOTE.               3,234        

      Sec. 4123.411.  (A)  For the purpose of carrying out         3,243        

sections 4123.412 to 4123.418 of the Revised Code, the             3,244        

administrator of workers' compensation, with the advice and        3,246        

consent of the workers' compensation oversight commission, shall   3,247        

levy an assessment against all employers at a rate, of at least    3,249        

five but not to exceed ten cents per one hundred dollars of        3,250        

payroll, such rate to be determined annually for each employer     3,251        

group listed in divisions (A)(1) to (3) of this section, which     3,252        

will produce an amount no greater than the amount the              3,253        

administrator estimates to be necessary to carry out such          3,254        

sections for the period for which the assessment is levied.  In    3,255        

the event the amount produced by the assessment is not sufficient  3,256        

to carry out such sections the additional amount necessary shall   3,257        

be provided from the income produced as a result of investments    3,258        

made pursuant to section 4123.44 of the Revised Code.              3,259        

      Assessments shall be levied according to the following       3,261        

schedule:                                                          3,262        

      (1)  Private fund employers, except self-insuring            3,264        

employers--in January and July of each year upon gross payrolls    3,265        

of the preceding six months;                                       3,266        

                                                          77     

                                                                 
      (2)  Counties and taxing district employers therein, except  3,268        

county hospitals that are self-insuring employers--in January of   3,269        

each year upon gross payrolls of the preceding twelve months;      3,270        

      (3)  The state as an employer--in January, April, July, and  3,272        

October of each year upon gross payrolls of the preceding three    3,273        

months.                                                            3,274        

      Amounts assessed in accordance with this section shall be    3,276        

collected from each employer as prescribed in rules the            3,277        

administrator adopts.                                              3,278        

      The moneys derived from the assessment provided for in this  3,280        

section shall be credited to the disabled workers' relief fund     3,281        

created by section 4123.412 of the Revised Code.  The              3,282        

administrator shall establish by rule classifications of           3,283        

employers within divisions (A)(1) to (3) of this section and       3,284        

shall determine rates for each class so as to fairly apportion     3,285        

the costs of carrying out sections 4123.412 to 4123.418 of the     3,286        

Revised Code.                                                      3,287        

      (B)  For all injuries and disabilities occurring on or       3,290        

after January 1, 1987, AND FOR ALL INJURIES, IMPAIRMENTS, AND      3,291        

DISABILITIES ARISING ON OR AFTER THE EFFECTIVE DATE OF THIS        3,292        

AMENDMENT, the administrator, for the purposes of carrying out     3,294        

sections 4123.412 to 4123.418 of the Revised Code, shall levy an   3,295        

assessment against all employers at a rate per one hundred         3,296        

dollars of payroll, such rate to be determined annually for each   3,297        

classification of employer in each employer group listed in        3,298        

divisions (A)(1) to (3) of this section, which will produce an                  

amount no greater than the amount the administrator estimates to   3,299        

be necessary to carry out such sections for the period for which   3,300        

the assessment is levied.                                          3,301        

      Amounts assessed in accordance with this division shall be   3,303        

billed at the same time premiums are billed and credited to the    3,304        

disabled workers' relief fund created by section 4123.412 of the   3,305        

Revised Code.  The administrator shall determine the rates for     3,306        

each class in the same manner as he THE ADMINISTRATOR fixes the    3,307        

                                                          78     

                                                                 
rates for premiums pursuant to section 4123.29 of the Revised      3,309        

Code.                                                                           

      (C)  For a self-insuring employer, the bureau of workers'    3,311        

compensation shall pay to employees who are participants           3,312        

regardless of the date of injury, any amounts due to the           3,313        

participants under section 4123.414 of the Revised Code and shall  3,314        

bill the self-insuring employer, semiannually, for all amounts     3,315        

paid to a participant.                                             3,316        

      Sec. 4123.412.  For the relief of persons who are            3,325        

permanently and totally disabled IMPAIRED as the result of injury  3,327        

or disease sustained in the course of their employment and who     3,328        

are receiving workers' compensation which is payable to them by    3,329        

virtue of and under the laws of this state in amounts, the total   3,330        

of which, when combined with disability benefits received          3,331        

pursuant to the Social Security Act is less than three hundred     3,332        

forty-two dollars per month adjusted annually as provided in       3,333        

division (B) of section 4123.62 of the Revised Code, there is      3,334        

hereby created a separate fund to be known as the disabled         3,335        

workers' relief fund, which fund shall consist of the sums that    3,336        

are from time to time appropriated by the general assembly and     3,337        

made available to the order of the bureau of workers'              3,338        

compensation to carry out the objects and purposes of sections     3,339        

4123.412 to 4123.418 of the Revised Code.  The fund shall be in    3,340        

the custody of the treasurer of the state.  Disbursements from     3,341        

the fund shall be made by the bureau to those persons entitled to  3,342        

participate therein and in amounts to each participant as is       3,343        

provided in section 4123.414 of the Revised Code.  All investment  3,344        

earnings of the fund shall be credited to the fund.                3,345        

      Sec. 4123.413.  To be eligible to participate in said THE    3,354        

DISABLED WORKERS' RELIEF fund, a participant must be permanently   3,356        

and totally disabled IMPAIRED and be receiving workers'            3,357        

compensation payments, the total of which, when combined with      3,358        

disability benefits received pursuant to The THE Social Security   3,359        

Act is less than three hundred forty-two dollars per month         3,361        

                                                          79     

                                                                 
adjusted annually as provided in division (B) of section 4123.62   3,362        

of the Revised Code.                                                            

      Sec. 4123.414.  Each person determined eligible, pursuant    3,371        

to section 4123.413 of the Revised Code, to participate in the     3,372        

disabled workers' relief fund is entitled to receive payments,     3,373        

without application, from the fund of a monthly amount equal to    3,374        

the lesser of the difference between three hundred forty-two       3,375        

dollars, adjusted annually pursuant to division (B) of section     3,376        

4123.62 of the Revised Code, and:                                  3,377        

      (1)(A)  The amount he THE PERSON is receiving per month as   3,380        

the disability monthly benefits award pursuant to The Social       3,382        

Security Act; or                                                                

      (2)(B)  The amount he THE PERSON is receiving monthly under  3,385        

the workers' compensation laws for permanent and total disability  3,387        

IMPAIRMENT.  In determining such difference, a participant shall   3,389        

be considered as receiving the amount of such participant's        3,390        

compensation which shall have been commuted under the provisions   3,391        

of section 4123.64 of the Revised Code.  Such payments shall be    3,392        

made monthly during the period in which such participant is        3,393        

permanently and totally disabled IMPAIRED.                         3,394        

      Sec. 4123.416.  The administrator of workers' compensation   3,403        

shall promptly require of each employer who has elected to pay     3,404        

compensation direct under the provisions of section 4123.35 of     3,405        

the Revised Code SELF-INSURING EMPLOYER a verified list of the     3,406        

names and addresses of all persons to whom the employer is paying  3,408        

workers' compensation on account of permanent and total            3,409        

disability IMPAIRMENT and the evidence respecting such persons as  3,411        

the administrator reasonably deems necessary to determine the      3,412        

eligibility of any such person to participate in the disabled      3,413        

workers' relief fund.  The superintendent of insurance shall       3,414        

promptly require of each insurance company which is organized or   3,415        

licensed to do business in this state and which has at any time    3,416        

written workers' compensation insurance in this state a like       3,417        

verified list and like evidence respecting persons to whom the     3,418        

                                                          80     

                                                                 
insurance companies are paying workers' compensation under the     3,419        

Ohio workers' compensation laws and contracts of insurance in      3,420        

respect thereof; and the superintendent of insurance shall         3,421        

promptly transmit all such lists and evidence to the bureau of     3,422        

workers' compensation. Any person claiming the right to            3,423        

participate in the fund may file his AN application therefor with  3,424        

the bureau and shall be accorded a hearing thereon.                3,425        

      Sec. 4123.419.  The assessment rate established pursuant to  3,434        

section 4123.411 of the Revised Code, subject to the limits set    3,435        

forth in that section, shall be adequate to provide the amounts    3,436        

estimated as necessary by the administrator of workers'            3,437        

compensation to carry out the provisions of sections 4123.412 to   3,438        

4123.418 of the Revised Code, and in addition to provide moneys    3,439        

to reimburse the general revenue fund for moneys appropriated by   3,440        

Section 2 of H.B. No. 1131 of the 103rd general assembly or by     3,441        

the 104th and succeeding general assemblies for disabled OR        3,442        

IMPAIRED workers' relief.  When the additional moneys are          3,444        

available in whole or part for the purpose of making the           3,445        

reimbursement, the director of budget and management shall         3,446        

certify the amount to the bureau of workers' compensation which    3,447        

shall thereupon cause the moneys to be paid to the general         3,448        

revenue fund from the disabled workers' relief fund except that    3,449        

any amounts due because of the state's obligation as an employer   3,450        

pursuant to section 4123.411 of the Revised Code and not paid to   3,451        

the disabled workers' relief fund shall be deducted from any such  3,452        

reimbursement.                                                                  

      Sec. 4123.511.  (A)  Within seven days after receipt of any  3,462        

claim under this chapter, the bureau of workers' compensation                   

shall notify the claimant and the employer of the claimant of the  3,463        

receipt of the claim and of the facts alleged therein.  If the     3,464        

bureau receives from a person other than the claimant written or   3,465        

telecommunicated information indicating that an injury HAS         3,466        

OCCURRED or AN occupational disease has occurred or been           3,467        

contracted which THAT may be compensable under this chapter HAS    3,469        

                                                          81     

                                                                 
BEEN DIAGNOSED BY A LICENSED PHYSICIAN, the bureau shall notify    3,470        

the employee and the employer of the information.  If the          3,471        

information is provided by any method of telecommunication, the    3,472        

person providing the information shall provide written             3,473        

verification of the information to the bureau according to         3,474        

division (E) of section 4123.84 of the Revised Code.  The receipt  3,475        

of the information in writing, or if by a method of                3,476        

telecommunications, the written verification, and the notice by    3,477        

the bureau shall be considered an application for compensation     3,478        

under section 4123.84 or 4123.85 of the Revised Code provided      3,479        

that the conditions of division (E) of section 4123.84 of the      3,480        

Revised Code apply to information provided by a method of          3,481        

telecommunication.  Upon receipt of a claim, the bureau shall      3,482        

advise the claimant of the claim number assigned and the           3,483        

claimant's right to representation in the processing of a claim    3,484        

or to elect no representation.  If the bureau determines that a    3,485        

claim is determined to be a compensable lost time claim, the       3,486        

bureau shall notify the claimant and the employer of the           3,487        

availability of rehabilitation services. No bureau or industrial   3,488        

commission employee shall directly or indirectly convey any        3,489        

information in derogation of this right. This section shall in no  3,490        

way abrogate the bureau's responsibility to aid and assist a       3,491        

claimant in the filing of a claim and to advise the claimant of    3,492        

the claimant's rights under the law.                                            

      The administrator of workers' compensation shall assign all  3,494        

claims and investigations to the bureau service office from which  3,495        

investigation and determination may be made most expeditiously.    3,496        

      The bureau shall investigate the facts concerning an injury  3,498        

or occupational disease and ascertain such facts in whatever       3,499        

manner is most appropriate and may obtain statements of the        3,500        

employee, employer, attending physician, and witnesses in          3,501        

whatever manner is most appropriate.                               3,502        

      (B)(1)  Except as provided in division (B)(2) of this        3,504        

section, in claims other than those in which the employer is a     3,505        

                                                          82     

                                                                 
self-insuring employer, if the administrator determines under      3,506        

division (A) of this section that a claimant is or is not          3,507        

entitled to an award of compensation or benefits, the              3,508        

administrator shall issue an order, no sooner than twenty-one      3,509        

days but no later than twenty-eight days after the sending of the  3,511        

notice under division (A) of this section, granting or denying     3,512        

the payment of the compensation or benefits, or both as is         3,513        

appropriate to the claimant.  Notwithstanding the time limitation  3,514        

specified in this division for the issuance of an order, if a      3,515        

medical examination of the claimant is required by statute, the    3,516        

administrator promptly shall schedule the claimant for that                     

examination and shall issue an order no later than twenty-eight    3,517        

days after receipt of the report of the examination.  The          3,518        

administrator shall notify the claimant and the employer of the    3,520        

claimant and their respective representatives in writing of the    3,521        

nature of the order and the amounts of compensation and benefit    3,522        

payments involved.  The employer or claimant may appeal the order  3,523        

pursuant to division (C) of this section within fourteen days      3,524        

after the date of the receipt of the order.  The employer and      3,525        

claimant may waive, in writing, their rights to an appeal under    3,526        

this division.                                                                  

      (2)  Notwithstanding the time limitation specified in        3,528        

division (B)(1) of this section for the issuance of an order, if   3,529        

the employer certifies a claim for payment of compensation or      3,530        

benefits, or both, to a claimant, and the administrator has        3,531        

completed the investigation of the claim, the payment of benefits  3,533        

or compensation, or both, as is appropriate, shall commence upon   3,534        

the later of the date of the certification or completion of the    3,535        

investigation and issuance of the order by the administrator,      3,536        

provided that the administrator shall issue the order no later     3,537        

than the time limitation specified in division (B)(1) of this      3,538        

section.                                                           3,539        

      (3)  If an appeal is made under division (B)(1) or (2) of    3,541        

this section, the administrator shall forward the claim file to    3,542        

                                                          83     

                                                                 
the appropriate district hearing officer within seven days of the  3,543        

appeal.  In contested claims other than state fund claims, the     3,544        

administrator shall forward the claim within seven days of the     3,545        

administrator's receipt of the claim to the commission, which      3,547        

shall refer the claim to an appropriate district hearing officer   3,548        

for a hearing in accordance with division (C) of this section.     3,549        

      (C)  If an employer or claimant timely appeals the order of  3,551        

the administrator issued under division (B) of this section or in  3,552        

the case of other contested claims other than state fund claims,   3,553        

the commission shall refer the claim to an appropriate district    3,554        

hearing officer according to rules the commission adopts under     3,555        

section 4121.36 of the Revised Code.  The district hearing         3,556        

officer shall notify the parties and their respective              3,557        

representatives of the time and place of the hearing.              3,558        

      The district hearing officer shall hold a hearing on a       3,560        

disputed issue or claim within forty-five days after the filing    3,562        

of the appeal under this division and issue a decision within      3,563        

seven days after holding the hearing.  The district hearing        3,564        

officer shall notify the parties and their respective                           

representatives in writing of the order.  Any party may appeal an  3,566        

order issued under this division pursuant to division (D) of this  3,567        

section within fourteen days after receipt of the order under      3,568        

this division.                                                     3,569        

      (D)  Upon the timely filing of an appeal of the order of     3,571        

the district hearing officer issued under division (C) of this     3,572        

section, the commission shall refer the claim file to an           3,573        

appropriate staff hearing officer according to its rules adopted   3,574        

under section 4121.36 of the Revised Code.  The staff hearing      3,575        

officer shall hold a hearing within forty-five days after the      3,576        

filing of an appeal under this division and issue a decision       3,577        

within seven days after holding the hearing under this division.   3,580        

The staff hearing officer shall notify the parties and their       3,581        

respective representatives in writing of his THE STAFF HEARING                  

OFFICER'S order.  Any party may appeal an order issued under this  3,583        

                                                          84     

                                                                 
division pursuant to division (E) of this section within fourteen  3,584        

days after receipt of the order under this division.               3,585        

      (E)  Upon the filing of a timely appeal of the order of the  3,587        

staff hearing officer issued under division (D) of this section,   3,588        

the commission or a designated staff hearing officer, on behalf    3,589        

of the commission, shall determine whether the commission will     3,591        

hear the appeal.  If the commission or the designated staff                     

hearing officer decides to hear the appeal, the commission or the  3,593        

designated staff hearing officer shall notify the parties and      3,594        

their respective representatives in writing of the time and place  3,595        

of the hearing.  The commission shall hold the hearing within      3,596        

forty-five days after the filing of the notice of appeal and,      3,597        

within seven days after the conclusion of the hearing, the         3,598        

commission shall issue its order affirming, modifying, or          3,599        

reversing the order issued under division (D) of this section.     3,600        

The commission shall notify the parties and their respective       3,601        

representatives in writing of the order.  If the commission or     3,602        

the designated staff hearing officer determines not to hear the    3,603        

appeal, within fourteen days after the filing of the notice of     3,604        

appeal, the commission or the designated staff hearing officer     3,605        

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

their respective representatives in writing of that order.         3,606        

      Except as otherwise provided in this chapter and Chapters    3,608        

4121., 4127., and 4131. of the Revised Code, any party may appeal  3,609        

an order issued under this division to the court pursuant to       3,610        

section 4123.512 of the Revised Code within sixty days after       3,611        

receipt of the order, subject to the limitations contained in      3,612        

that section.                                                      3,613        

      (F)  Every notice of an appeal from an order issued under    3,615        

divisions (B), (C), (D), and (E) of this section shall state the   3,616        

names of the claimant and employer, the number of the claim, the   3,617        

date of the decision appealed from, and the fact that the          3,618        

appellant appeals therefrom.                                       3,619        

      (G)  All of the following apply to the proceedings under     3,621        

                                                          85     

                                                                 
divisions (C), (D), and (E) of this section:                       3,622        

      (1)  The parties shall proceed promptly and without          3,624        

continuances except for good cause;                                3,625        

      (2)  The parties, in good faith, shall engage in the free    3,627        

exchange of information relevant to the claim prior to the         3,628        

conduct of a hearing according to the rules the commission adopts  3,629        

under section 4121.36 of the Revised Code;                         3,630        

      (3)  The administrator is a party and may appear and         3,632        

participate at all administrative proceedings on behalf of the     3,633        

state insurance fund.  However, in cases in which the employer is  3,634        

represented, the administrator shall neither present arguments     3,635        

nor introduce testimony that is cumulative to that presented or    3,636        

introduced by the employer or the employer's representative.  The  3,637        

administrator may file an appeal under this section on behalf of                

the state insurance fund; however, except in cases arising under   3,638        

section 4123.343 of the Revised Code, the administrator only may   3,639        

appeal questions of law or issues of fraud when the employer       3,640        

appears in person or by representative.                                         

      (H)  Except as provided in division (J) of this section,     3,642        

payments of compensation to a claimant or on behalf of a claimant  3,643        

as a result of any order issued under this chapter shall commence  3,644        

upon the earlier of the following:                                 3,645        

      (1)  Fourteen days after the date the administrator issues   3,647        

an order under division (B) of this section, unless that order is  3,648        

appealed;                                                          3,649        

      (2)  The date when the employer has waived the right to      3,651        

appeal a decision issued under division (B) of this section;       3,652        

      (3)  If no appeal of an order has been filed under this      3,654        

section or to a court under section 4123.512 of the Revised Code,  3,655        

the expiration of the time limitations for the filing of an        3,656        

appeal of an order;                                                3,657        

      (4)  The TWENTY-ONE DAYS AFTER THE date of receipt by the    3,659        

employer of an order of a district hearing officer, a staff        3,660        

hearing officer, or the industrial commission issued under         3,662        

                                                          86     

                                                                 
division (C), (D), or (E) of this section.                         3,663        

      (I)  No medical benefits payable under this chapter or       3,665        

Chapter 4121., 4127., or 4131. of the Revised Code are payable     3,666        

until the earlier of the following:                                3,667        

      (1)  The date of the issuance of the staff hearing           3,669        

officer's order under division (D) of this section;                3,670        

      (2)  The date of the final administrative or judicial        3,672        

determination.                                                     3,673        

      (J)  Upon the final administrative or judicial               3,675        

determination, if a claimant is found to have received             3,676        

compensation to which the claimant was not entitled, the           3,678        

claimant's employer, if a self-insuring employer, or the bureau,   3,679        

shall withhold from any amount to which the claimant becomes       3,680        

entitled pursuant to any claim, past, present, or future, under    3,681        

Chapter 4121., 4123., 4127., or 4131. of the Revised Code, the     3,682        

amount to which the claimant was not entitled pursuant to the      3,683        

following criteria:                                                             

      (1)  No withholding for the first twelve weeks of temporary  3,685        

total disability compensation pursuant to section 4123.56 of the   3,686        

Revised Code shall be made;                                        3,687        

      (2)  Forty per cent of all awards of compensation paid       3,689        

pursuant to sections 4123.56 and 4123.57 of the Revised Code,      3,690        

until the amount overpaid is refunded;                             3,691        

      (3)  Twenty-five per cent of any compensation paid pursuant  3,693        

to section 4123.58 of the Revised Code until the amount overpaid   3,694        

is refunded;                                                       3,695        

      (4)  If, pursuant to an appeal under section 4123.512 of     3,697        

the Revised Code, the court of appeals or the supreme court        3,698        

reverses the allowance of the claim, then no amount of any         3,699        

compensation will be withheld.                                     3,700        

      (K)  If a staff hearing officer or the commission fails to   3,702        

issue a decision or the commission fails to refuse to hear an      3,703        

appeal within the time periods required by this section, payments  3,704        

to a claimant shall cease until the staff hearing officer or       3,705        

                                                          87     

                                                                 
commission issues a decision or hears the appeal, unless the       3,706        

failure was due to the fault or neglect of the employer or the     3,707        

employer agrees that the payments should continue for a longer     3,708        

period of time.                                                    3,709        

      (L)  Except as provided in section 4123.522 of the Revised   3,711        

Code, no appeal is timely filed under this section unless the      3,712        

appeal is filed with the time limits set forth in this section.    3,713        

      (M)  No person who is not an employee of the bureau or       3,715        

commission or who is not by law given access to the contents of a  3,716        

claims file shall have a file in the person's possession.          3,717        

      Sec. 4123.512.  (A)  The claimant or the employer may        3,727        

appeal an order of the industrial commission made under division   3,728        

(E) of section 4123.511 of the Revised Code in any injury or       3,729        

occupational disease case, other than a decision as to the extent  3,730        

of disability OR IMPAIRMENT, OR PERCENTAGE OF IMPAIRMENT           3,731        

DETERMINED PURSUANT TO DIVISION (A) OF SECTION 4123.57 OF THE      3,732        

REVISED CODE, to the court of common pleas of the county in which  3,735        

the injury was inflicted or in which the contract of employment    3,736        

was made if the injury occurred outside the state, or in which     3,737        

the contract of employment was made if the exposure occurred       3,738        

outside the state.  If no common pleas court has jurisdiction for  3,739        

the purposes of an appeal by the use of the jurisdictional         3,740        

requirements described in this division, the appellant may use     3,741        

the venue provisions in the Rules of Civil Procedure to vest       3,742        

jurisdiction in a court.  If the claim is for an occupational      3,743        

disease the appeal shall be to the court of common pleas of the    3,744        

county in which the exposure which caused the disease occurred.    3,745        

Like appeal may be taken from an order of a staff hearing officer  3,746        

made under division (D) of section 4123.511 of the Revised Code    3,747        

from which the commission has refused to hear an appeal.  The      3,748        

appellant shall file the notice of appeal with a court of common   3,749        

pleas within sixty days after the date of the receipt of the       3,750        

order appealed from or the date of receipt of the order of the     3,751        

commission refusing to hear an appeal of a staff hearing           3,752        

                                                          88     

                                                                 
officer's decision under division (D) of section 4123.511 of the   3,753        

Revised Code.  The filing of the notice of the appeal with the     3,754        

court is the only act required to perfect the appeal.                           

      If an action has been commenced in a court of a county       3,756        

other than a court of a county having jurisdiction over the        3,757        

action, the court, upon notice by any party or upon its own        3,758        

motion, shall transfer the action to a court of a county having    3,759        

jurisdiction.                                                      3,760        

      Notwithstanding anything to the contrary in this section,    3,762        

if the commission determines under section 4123.522 of the         3,763        

Revised Code that an employee, employer, or their respective       3,764        

representatives have not received written notice of an order or    3,765        

decision which is appealable to a court under this section and     3,766        

which grants relief pursuant to section 4123.522 of the Revised    3,767        

Code, the party granted the relief has sixty days from receipt of  3,768        

the order under section 4123.522 of the Revised Code to file a     3,769        

notice of appeal under this section.                               3,770        

      (B)  The notice of appeal shall state the names of the       3,772        

claimant and the employer, the number of the claim, the date of    3,773        

the order appealed from, and the fact that the appellant appeals   3,774        

therefrom.                                                         3,775        

      The administrator, the claimant, and the employer shall be   3,777        

parties to the appeal and the court, upon the application of the   3,778        

commission, shall make the commission a party.  The administrator  3,779        

shall notify the employer that, if he THE EMPLOYER fails to        3,781        

become an active party to the appeal, then the administrator may   3,783        

act on behalf of the employer and the results of the appeal could  3,784        

have an adverse effect upon the employer's premium rates.          3,785        

      (C)  The attorney general or one or more of his THE          3,787        

ATTORNEY GENERAL'S assistants or special counsel designated by     3,789        

him THE ATTORNEY GENERAL shall represent the administrator and     3,791        

the commission.  In the event IF the attorney general or his THE   3,792        

ATTORNEY GENERAL'S designated assistants or special counsel are    3,793        

absent, the administrator or the commission shall select one or    3,794        

                                                          89     

                                                                 
more of the attorneys in the employ of the administrator or the    3,795        

commission as his THE ADMINISTRATOR'S ATTORNEY or its THE          3,797        

COMMISSION'S attorney in the appeal.  Any attorney so employed     3,799        

shall continue his THE representation during the entire period of  3,800        

the appeal and in all hearings thereof except where the continued  3,801        

representation becomes impractical.                                             

      (D)  Upon receipt of notice of appeal the clerk of courts    3,803        

shall provide notice to all parties who are appellees and to the   3,804        

commission.                                                        3,805        

      The claimant shall, within thirty days after the filing of   3,807        

the notice of appeal, SHALL file a petition containing a           3,808        

statement of facts in ordinary and concise language showing a      3,809        

cause of action to participate or to continue to participate in    3,810        

the fund and setting forth the basis for the jurisdiction of the   3,811        

court over the action.  Further pleadings shall be had in          3,812        

accordance with the Rules of Civil Procedure, provided that        3,813        

service of summons on such petition shall not be required.  The    3,814        

clerk of the court shall, upon receipt thereof, SHALL transmit by  3,815        

certified mail a copy thereof to each party named in the notice    3,817        

of appeal other than the claimant.  Any party may file with the    3,818        

clerk prior to the trial of the action a deposition of any         3,819        

physician taken in accordance with the provisions of the Revised   3,820        

Code, which deposition may be read in the trial of the action      3,821        

even though the physician is a resident of or subject to service   3,822        

in the county in which the trial is had.  The bureau of workers'   3,823        

compensation shall pay the cost of the deposition filed in court   3,824        

and of copies of the deposition for each party from the surplus    3,825        

fund and charge the costs thereof against the unsuccessful party   3,826        

if the claimant's right to participate or continue to participate  3,827        

is finally sustained or established in the appeal.  In the event   3,828        

the deposition is taken and filed, the physician whose deposition  3,829        

is taken is not required to respond to any subpoena issued in the  3,830        

trial of the action.  The court, or the jury under the             3,831        

instructions of the court, if a jury is demanded, shall determine  3,832        

                                                          90     

                                                                 
the right of the claimant to participate or to continue to         3,833        

participate in the fund upon the evidence adduced at the hearing   3,834        

of the action.                                                     3,835        

      (E)  The court shall certify its decision to the commission  3,837        

and the certificate shall be entered in the records of the court.  3,838        

Appeals from the judgment are governed by the law applicable to    3,839        

the appeal of civil actions.                                       3,840        

      (F)  The cost of any legal proceedings authorized by this    3,842        

section, including an attorney's fee to the claimant's attorney    3,843        

to be fixed by the trial judge, based upon the effort expended,    3,844        

in the event the claimant's right to participate or to continue    3,845        

to participate in the fund is established upon the final           3,846        

determination of an appeal, shall be taxed against the employer    3,847        

or the commission if the commission or the administrator rather    3,848        

than the employer contested the right of the claimant to           3,849        

participate in the fund.  The attorney's fee shall not exceed      3,850        

twenty-five hundred dollars.                                       3,851        

      (G)  If the finding of the court or the verdict of the jury  3,853        

is in favor of the claimant's right to participate in the fund,    3,854        

the commission and the administrator shall thereafter proceed in   3,855        

the matter of the claim as if the judgment were the decision of    3,856        

the commission, subject to the power of modification provided by   3,857        

section 4123.52 of the Revised Code.                               3,858        

      (H)  An appeal from an order issued under division (E) of    3,860        

section 4123.511 of the Revised Code or any action filed in court  3,861        

in a case in which an award of compensation has been made shall    3,862        

not stay the payment of compensation under the award or payment    3,863        

of compensation for subsequent periods of total disability OR      3,864        

IMPAIRMENT during the pendency of the appeal.  If, in a final      3,866        

administrative or judicial action, it is determined that payments  3,867        

of compensation or benefits, or both, made to or on behalf of a    3,868        

claimant should not have been made, the amount thereof shall be    3,869        

charged to the surplus fund under division (B) of section 4123.34  3,870        

of the Revised Code.  In the event the employer is a state risk,   3,871        

                                                          91     

                                                                 
the amount shall not be charged to the employer's experience.  In  3,872        

the event the employer is a self-insuring employer, the            3,873        

self-insuring employer shall deduct the amount from the paid       3,874        

compensation he reports to the administrator under division (K)    3,875        

of section 4123.35 of the Revised Code.  All actions and           3,876        

proceedings under this section which are the subject of an appeal  3,877        

to the court of common pleas or the court of appeals shall be      3,878        

preferred over all other civil actions except election causes,     3,879        

irrespective of position on the calendar.                          3,880        

      This section applies to all decisions of the commission or   3,882        

the administrator on November 2, 1959, and all claims filed        3,883        

thereafter are governed by sections 4123.511 and 4123.512 of the   3,884        

Revised Code.                                                      3,885        

      Any action pending in common pleas court or any other court  3,887        

on January 1, 1986, under this section is governed by former       3,888        

sections 4123.514, 4123.515, 4123.516, and 4123.519 and section    3,889        

4123.522 of the Revised Code.                                      3,890        

      Sec. 4123.52.  The (A)(1)  EXCEPT AS OTHERWISE PROVIDED IN   3,899        

THIS SECTION, THE jurisdiction of the industrial commission and    3,901        

the authority of the administrator of workers' compensation over   3,902        

each case is continuing, and the commission may make such          3,903        

modification or change with respect to former findings or orders   3,904        

with respect thereto, as, in its opinion is justified. No EXCEPT   3,905        

AS PROVIDED IN DIVISIONS (A), (B), AND (C) OF THIS SECTION, THE    3,906        

COMMISSION SHALL MAKE NO modification or, change nor any,          3,909        

finding, or award in ANY CLAIM WITH respect of any claim shall be  3,911        

made with respect to disability, compensation, dependency, or      3,912        

MEDICAL benefits, after six FIVE years from the date of injury in  3,914        

the absence of the payment of medical benefits under this                       

chapter, in which event the modification, change, finding, or      3,915        

award shall be made within six years after the payment of medical  3,917        

benefits, or in the absence of payment of compensation under       3,918        

section 4123.57, 4123.58, or division (A) or (B) of section        3,920        

4123.56 of the Revised Code or wages in lieu of compensation in a  3,921        

                                                          92     

                                                                 
manner so as to satisfy the requirements of section 4123.84 of     3,922        

the Revised Code, in which event the modification, change,         3,923        

finding, or award shall be made within ten years from the date of  3,925        

the last payment of compensation or from the date of death, nor    3,926        

unless written notice of claim for the specific part or parts of   3,927        

the body injured or disabled has been given as provided in         3,929        

section 4123.84 or 4123.85 of the Revised Code, and the            3,930        

commission shall not make any modification, change, finding, or    3,931        

award which shall award compensation for a back period in excess   3,932        

of two years prior to the date of filing application therefor OR   3,934        

THE DATE OF FIRST DIAGNOSIS OF AN OCCUPATIONAL DISEASE, UNLESS                  

COMPENSATION UNDER SECTION 4123.56 OF THE REVISED CODE, WAGES IN   3,936        

LIEU OF THAT COMPENSATION IN A MANNER THAT SATISFIES THE           3,937        

REQUIREMENTS OF SECTION 4123.84 OF THE REVISED CODE, COMPENSATION  3,938        

UNDER DIVISION (B) OF SECTION 4123.57 OR SECTION 4123.58 OR        3,940        

4123.59 OF THE REVISED CODE, OR MEDICAL BENEFITS HAVE BEEN PAID,   3,941        

IN WHICH EVENT, IN CASES IN WHICH COMPENSATION OR WAGES IN LIEU    3,942        

OF THAT COMPENSATION HAS BEEN PAID UNDER SECTION 4123.56 OF THE    3,944        

REVISED CODE, OR IN CASES IN WHICH COMPENSATION HAS BEEN PAID      3,945        

UNDER DIVISION (B) OF SECTION 4123.57 OR SECTION 4123.58 OR                     

4123.59 OF THE REVISED CODE, THE COMMISSION MAY ONLY MAKE A        3,947        

MODIFICATION, CHANGE, FINDING, OR AWARD IN A CLAIM WITH RESPECT    3,948        

TO COMPENSATION, DEPENDENCY, OR MEDICAL BENEFITS WITHIN FIVE       3,949        

YEARS AFTER THE DATE OF THE LAST PAYMENT OF COMPENSATION UNDER                  

SECTION 4123.56, WAGES IN LIEU OF THAT COMPENSATION, OR            3,950        

COMPENSATION UNDER DIVISION (B) OF SECTION 4123.57 OR SECTION      3,951        

4123.58 OR 4123.59 OF THE REVISED CODE.                            3,953        

      (2)  THE COMMISSION MAY MAKE A MODIFICATION, CHANGE,         3,956        

FINDING, OR AWARD IN ANY CLAIM WITH RESPECT TO MEDICAL BENEFITS    3,957        

WITHIN FIVE YEARS AFTER THE DATE OF THE LAST TREATMENT FOR WHICH   3,958        

MEDICAL BENEFITS HAVE BEEN PAID OR ORDERED TO BE PAID.                          

      (B)  IN ALL CASES FOR A CLAIM INVOLVING AN OCCUPATIONAL      3,960        

DISEASE DESCRIBED IN DIVISIONS (A) THROUGH (AA) OF SECTION         3,962        

4123.68 OF THE REVISED CODE OR OTHER OCCUPATIONAL DISEASE THAT     3,963        

                                                          93     

                                                                 
RESULTS FROM EXPOSURE TO FIBROSIS-PRODUCING OR TOXIC DUSTS,        3,964        

FUMES, MISTS, VAPORS, GASES, OR LIQUIDS, OR OTHER TOXIC                         

MATERIALS, OR A COMBINATION OF THOSE, THE JURISDICTION OF THE      3,965        

COMMISSION AND THE AUTHORITY OF THE ADMINISTRATOR OVER EACH CASE   3,966        

IS CONTINUING PURSUANT TO DIVISION (A) OF THIS SECTION, EXCEPT     3,967        

THAT THE JURISDICTION TO MAKE A MODIFICATION, CHANGE, FINDING, OR  3,968        

AWARD IN THE CLAIM WITH RESPECT TO COMPENSATION, DEPENDENCY, OR    3,969        

MEDICAL BENEFITS MAY EXTEND BEYOND THE TIME LIMITATIONS CONTAINED  3,970        

IN THAT DIVISION, UP TO A MAXIMUM OF SIX MONTHS AFTER THE DATE AN  3,971        

EMPLOYEE FIRST BECOMES TOTALLY DISABLED AS A RESULT OF THE                      

OCCUPATIONAL DISEASE THAT IS THE SUBJECT OF THE EMPLOYEE'S CLAIM,  3,972        

AND THEREAFTER, THE TIME LIMITATIONS CONTAINED IN DIVISION (A) OF  3,973        

THIS SECTION APPLY TO THAT CASE.                                   3,974        

      (C)(1)  IN ALL CASES FOR A CLAIM DESCRIBED IN DIVISION       3,977        

(C)(2) OF THIS SECTION, THE JURISDICTION OF THE COMMISSION AND                  

THE AUTHORITY OF THE ADMINISTRATOR OVER EACH CASE IS CONTINUING,   3,978        

EXCEPT THAT THE COMMISSION MAY MAKE A MODIFICATION, CHANGE,        3,979        

FINDING, OR AWARD IN THAT CLAIM ONLY WITH RESPECT TO MEDICAL       3,980        

BENEFITS AND COMPENSATION UNDER DIVISION (A) OF SECTION 4123.56    3,981        

OF THE REVISED CODE, SUBJECT TO THE LIMITATION DESCRIBED IN        3,982        

DIVISION (C)(3) OF THIS SECTION.                                   3,983        

      (2)  THIS DIVISION APPLIES ONLY TO A CLAIM INVOLVING AN      3,985        

EMPLOYEE TO WHOM EITHER OF THE FOLLOWING APPLIES:                  3,986        

      (a)  THE EMPLOYEE HAS A PROSTHETIC DEVICE THAT WAS PROVIDED  3,989        

UNDER AN ALLOWED CLAIM UNDER THIS CHAPTER OR CHAPTER 4121.,        3,990        

4127., OR 4131. OF THE REVISED CODE AND THE EMPLOYEE'S PHYSICIAN                

DETERMINES THAT THE PROSTHETIC DEVICE NEEDS TO BE REPLACED OR      3,991        

REPAIRED;                                                                       

      (b)  THE EMPLOYEE'S PHYSICIAN DETERMINES  THAT AN EMPLOYEE   3,995        

WILL REQUIRE A PROSTHETIC DEVICE, OR THE REPLACEMENT OR REPAIR OF  3,996        

AN EXISTING PROSTHETIC DEVICE AS A DIRECT RESULT OF AN ALLOWED                  

CONDITION IN A CLAIM UNDER THIS CHAPTER OR CHAPTER 4121., 4127.,   3,997        

OR 4131. OF THE REVISED CODE, REGARDLESS OF WHEN THAT CLAIM WAS    3,998        

ALLOWED.                                                                        

                                                          94     

                                                                 
      (3)  COMPENSATION UNDER DIVISION (A) OF SECTION 4123.56 OF   4,001        

THE REVISED CODE ALLOWED UNDER THIS DIVISION SHALL BE FOR A        4,002        

PERIOD NOT TO EXCEED NINE MONTHS AFTER THE DATE OF THE PROVISION,  4,004        

IMPLANTING, AFFIXING, REPAIR, OR REPLACEMENT OF THE PROSTHETIC     4,005        

DEVICE PROVIDED PURSUANT TO THIS DIVISION.                         4,006        

      (4)  THE ADMINISTRATOR SHALL ADOPT RULES ESTABLISHING A      4,008        

PROCEDURE TO ENSURE THAT AN EMPLOYEE'S PHYSICIAN MAKES THE         4,009        

DETERMINATION DESCRIBED IN DIVISION (C)(2)(b) OF THIS SECTION IN   4,010        

A TIMELY MANNER AND THAT THE DETERMINATION IS RECORDED AND FILED   4,011        

IN THE EMPLOYEE'S CLAIM FILE IN A TIMELY MANNER.                   4,012        

      (5)  FOR PURPOSES OF DIVISION (C) OF THIS SECTION,           4,013        

"PROSTHETIC DEVICE" MEANS AN INTERNAL OR EXTERNAL ARTIFICIAL PART  4,015        

PROVIDED TO AN EMPLOYEE THAT SUBSTITUTES FOR A MISSING OR                       

RECONSTRUCTED LIMB OR JOINT OF THE EMPLOYEE.                       4,016        

      (D)  UNLESS WRITTEN NOTICE HAS BEEN GIVEN AS PROVIDED IN     4,019        

SECTION 4123.84 OR 4123.85 OF THE REVISED CODE, THE COMMISSION     4,021        

SHALL MAKE NO MODIFICATION, CHANGE, FINDING, OR AWARD THAT AWARDS  4,022        

COMPENSATION FOR A BACK PERIOD IN EXCESS OF TWO YEARS PRIOR TO                  

THE DATE OF FILING AN APPLICATION FOR THAT COMPENSATION.  This     4,023        

section does not affect the right of a claimant to compensation    4,025        

accruing subsequent to the filing of any such application,         4,026        

provided IF the application is filed within the time limit         4,027        

provided in this section.                                                       

      (E)  This section does not deprive the commission of its     4,029        

continuing jurisdiction to determine the questions raised by any   4,030        

application for modification of award which has been filed with    4,031        

the commission after June 1, 1932, and prior to the expiration of  4,032        

the applicable period but in respect to which no award has been    4,033        

granted or denied during the applicable period.                    4,034        

      (F)  The commission may, by general rules, MAY provide for   4,037        

the destruction of files of cases in which no further action may   4,038        

be taken.                                                          4,039        

      The commission and administrator of workers' compensation    4,041        

each may, by general rules, MAY provide for the retention and      4,042        

                                                          95     

                                                                 
destruction of all other records in their possession or under      4,043        

their control pursuant to section 121.211 and sections 149.34 to   4,044        

149.36 of the Revised Code.  The bureau of workers' compensation   4,045        

may purchase or rent required equipment for the document           4,046        

retention media, as determined necessary to preserve the records.  4,047        

Photographs, microphotographs, microfilm, films, or other direct   4,048        

document retention media, when properly identified, have the same  4,049        

effect as the original record and may be offered in like manner    4,050        

and may be received as evidence in any court where the original    4,051        

record could have been introduced.                                 4,052        

      (G)  AS USED IN DIVISION (A) OF THIS SECTION, "MEDICAL       4,054        

BENEFITS" MEANS PAYMENTS TO, OR ON BEHALF OF, AN EMPLOYEE FOR A    4,055        

HOSPITAL BILL, MEDICAL BILL FOR A LICENSED PHYSICIAN OR HOSPITAL,  4,056        

AN ORTHOPEDIC OR PROSTHETIC DEVICE, OR A PRESCRIPTION MEDICATION.  4,057        

      Sec. 4123.531.  THE ADMINISTRATOR OF WORKERS' COMPENSATION   4,059        

OR THE INDUSTRIAL COMMISSION MAY REQUIRE ANY EMPLOYEE CLAIMING     4,060        

THE RIGHT TO RECEIVE COMPENSATION TO SUBMIT TO A VOCATIONAL        4,061        

REHABILITATION EVALUATION.  IF THE PERSON WHO CONDUCTS THE         4,062        

EVALUATION RECOMMENDS A VOCATIONAL REHABILITATION PLAN FOR THE     4,063        

EMPLOYEE, THE EMPLOYEE SHALL COMPLY WITH THE REHABILITATION PLAN.  4,065        

      IF AN EMPLOYEE REFUSES TO SUBMIT TO ANY VOCATIONAL           4,067        

REHABILITATION EVALUATION SCHEDULED PURSUANT TO THIS SECTION OR    4,068        

OBSTRUCTS THE EVALUATION, THE EMPLOYEE'S RIGHT TO HAVE THE         4,069        

EMPLOYEE'S CLAIM FOR COMPENSATION CONSIDERED, IF THE CLAIM IS      4,070        

PENDING BEFORE THE BUREAU OR COMMISSION, OR TO RECEIVE ANY         4,071        

PAYMENT FOR COMPENSATION THAT HAS BEEN GRANTED, IS SUSPENDED       4,072        

DURING THE PERIOD OF THE REFUSAL OR OBSTRUCTION, AND NO            4,073        

COMPENSATION SUBSEQUENTLY SHALL BE AWARDED FOR ANY PERIOD OF       4,074        

SUSPENSION.                                                                     

      Sec. 4123.54.  Every employee, who is injured or who         4,083        

contracts an occupational disease, and the dependents of each      4,084        

employee who is killed, or dies as the result of an occupational   4,085        

disease contracted in the course of employment, wherever such      4,086        

injury has occurred or occupational disease has been contracted,   4,087        

                                                          96     

                                                                 
provided the same were not:                                        4,088        

      (A)  Purposely self-inflicted; or                            4,090        

      (B)  Caused by the employee being intoxicated or under the   4,092        

influence of a controlled substance not prescribed by a physician  4,093        

where the intoxication or being under the influence of the         4,094        

controlled substance not prescribed by a physician was the         4,095        

proximate cause of the injury, is entitled to receive, either      4,096        

directly from his THE EMPLOYEE'S self-insuring employer as         4,097        

provided in section 4123.35 of the Revised Code, or from the       4,099        

state insurance fund, the compensation for loss sustained on       4,100        

account of the injury, occupational disease, or death, and the     4,101        

medical, nurse, and hospital services and medicines, and the       4,102        

amount of funeral expenses in case of death, as are provided by    4,103        

this chapter.                                                                   

      AN EMPLOYER MAY REQUEST AN EMPLOYEE WHO SUSTAINS AN INJURY   4,106        

TO SUBMIT TO A CHEMICAL TEST OR A TEST OF THE EMPLOYEE'S BLOOD,    4,107        

BREATH, OR URINE IF THE EMPLOYER HAS REASON TO BELIEVE THAT THE    4,108        

EMPLOYEE'S INJURY WAS THE RESULT OF BEING INTOXICATED OR UNDER     4,109        

THE INFLUENCE OF A CONTROLLED SUBSTANCE NOT PRESCRIBED FOR USE IN  4,110        

THE EMPLOYEE'S SYSTEM BY THE EMPLOYEE'S PHYSICIAN.  IF THE         4,111        

EMPLOYEE SUBMITS TO THAT TEST, THE EMPLOYER SHALL PAY FOR THE      4,112        

COST OF THE TEST.  FOR THE PURPOSE OF THIS DIVISION, IF THE        4,113        

EMPLOYEE, THROUGH A CHEMICAL TEST OR A TEST OF THE EMPLOYEE'S      4,114        

BLOOD, BREATH, OR URINE ADMINISTERED WITHIN A REASONABLE TIME      4,115        

AFTER THE OCCURRENCE OF THE EMPLOYEE'S INJURY, IS DETERMINED TO    4,116        

HAVE AN ALCOHOL CONTENT EQUAL TO OR IN EXCESS OF THAT SPECIFIED    4,117        

IN SECTION 4511.19 OF THE REVISED CODE OR HAVE A CONTROLLED        4,118        

SUBSTANCE NOT PRESCRIBED FOR USE IN THE EMPLOYEE'S SYSTEM BY THE   4,119        

EMPLOYEE'S PHYSICIAN, IT IS A REBUTTABLE PRESUMPTION THAT THE      4,120        

EMPLOYEE WAS INTOXICATED OR UNDER THE INFLUENCE OF THE CONTROLLED  4,121        

SUBSTANCE AND THAT THE INTOXICATION OR BEING UNDER THE INFLUENCE                

IS THE PROXIMATE CAUSE OF THE INJURY.  AN EMPLOYEE'S REFUSAL TO    4,123        

SUBMIT TO, OR RELEASE OR EXECUTE A RELEASE OF THE RESULTS OF, A    4,124        

CHEMICAL TEST OR A TEST OF THE EMPLOYEE'S BLOOD, BREATH, OR URINE  4,125        

                                                          97     

                                                                 
IS ADMISSIBLE AS EVIDENCE OF THE EMPLOYEE'S INTOXICATION OR BEING  4,126        

UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE NOT PRESCRIBED FOR   4,127        

THE EMPLOYEE'S USE IN THE EMPLOYEE'S SYSTEM BY THE EMPLOYEE'S      4,128        

PHYSICIAN AT ANY HEARING PURSUANT TO SECTION 4123.511 OF THE       4,129        

REVISED CODE TO DETERMINE THE ALLOWANCE OF THE EMPLOYEE'S CLAIM                 

AND ON ANY APPEAL TO COURT PURSUANT TO SECTION 4123.512 OF THE     4,130        

REVISED CODE.                                                                   

      IF AN INJURY DESCRIBED IN DIVISION (C)(4) OF SECTION         4,133        

4123.01 OF THE REVISED CODE OCCURS, COMPENSATION AND MEDICAL       4,134        

BENEFITS ARE PAYABLE ONLY FOR THE IMPAIRMENT OR DISABILITY THAT    4,135        

RESULTS FROM THE SUBSTANTIAL WORSENING OF THE PRE-EXISTING         4,136        

CONDITION OR IMPAIRMENT OR THE SUBSTANTIAL ACCELERATION OF THE     4,137        

DISEASE PROCESS.  NO COMPENSATION OR BENEFITS ARE PAYABLE BECAUSE  4,138        

OF THE PRE-EXISTING CONDITION, IMPAIRMENT, OR DISEASE PROCESS      4,139        

ONCE THAT CONDITION, IMPAIRMENT, OR DISEASE PROCESS HAS RETURNED   4,141        

TO A LEVEL THAT WOULD HAVE EXISTED WITHOUT THE INJURY.             4,142        

      Whenever, with respect to an employee of an employer who is  4,144        

subject to and has complied with this chapter, there is            4,145        

possibility of conflict with respect to the application of         4,146        

workers' compensation laws because the contract of employment is   4,147        

entered into and all or some portion of the work is or is to be    4,148        

performed in a state or states other than Ohio, the employer and   4,149        

the employee may agree to be bound by the laws of this state or    4,150        

by the laws of some other state in which all or some portion of    4,151        

the work of the employee is to be performed.  The agreement shall  4,152        

be in writing and shall be filed with the bureau of workers'       4,153        

compensation within ten days after it is executed and shall        4,154        

remain in force until terminated or modified by agreement of the   4,155        

parties similarly filed.  If the agreement is to be bound by the   4,156        

laws of this state and the employer has complied with this         4,157        

chapter, then the employee is entitled to compensation and         4,158        

benefits regardless of where the injury occurs or the disease is   4,159        

contracted and the rights of the employee and his THE EMPLOYEE'S   4,160        

dependents under the laws of this state are the exclusive remedy   4,162        

                                                          98     

                                                                 
against the employer on account of injury, disease, or death in    4,163        

the course of and arising out of his THE EMPLOYEE'S employment.    4,164        

If the agreement is to be bound by the laws of another state and   4,166        

the employer has complied with the laws of that state, the rights  4,167        

of the employee and his THE EMPLOYEE'S dependents under the laws   4,169        

of that state are the exclusive remedy against the employer on     4,170        

account of injury, disease, or death in the course of and arising  4,171        

out of his THE EMPLOYEE'S employment without regard to the place   4,173        

where the injury was sustained or the disease contracted.          4,174        

      If any employee or his THE EMPLOYEE'S dependents are         4,176        

awarded workers' compensation benefits or recover damages from     4,178        

the employer under the laws of another state, the amount awarded   4,179        

or recovered, whether paid or to be paid in future installments,   4,180        

shall be credited on the amount of any award of compensation or    4,181        

benefits made to the employee or his THE EMPLOYEE'S dependents by  4,182        

the bureau.                                                        4,183        

      If an employee is a resident of a state other than this      4,185        

state and is insured under the workers' compensation law or        4,186        

similar laws of a state other than this state, the employee and    4,187        

his THE EMPLOYEE'S dependents are not entitled to receive          4,188        

compensation or benefits under this chapter, on account of         4,190        

injury, disease, or death arising out of or in the course of       4,191        

employment while temporarily within this state and the rights of   4,192        

the employee and his THE EMPLOYEE'S dependents under the laws of   4,193        

the other state are the exclusive remedy against the employer on   4,195        

account of the injury, disease, or death.                          4,196        

      Compensation or benefits are not payable to a claimant       4,198        

during the period of confinement of the claimant in any state or   4,199        

federal correctional institution whether in this or any other      4,200        

state for conviction of violation of any state or federal          4,201        

criminal law.                                                                   

      Sec. 4123.541.  In the event that IF any person who is       4,210        

entitled to receive benefits for TEMPORARY total disability OR     4,212        

PERMANENT TOTAL IMPAIRMENT, loss of member, or death through the   4,214        

                                                          99     

                                                                 
application of section 4123.033 of the Revised Code, receives, in  4,215        

connection with the injury giving rise to such entitlement,        4,216        

benefits under an act of congress or federal program providing     4,217        

benefits for civil defense workers and their survivors, the        4,218        

benefits payable hereunder, shall be reduced in proportion to the  4,219        

benefits received under such other act or program.                              

      Sec. 4123.55.  No compensation shall be allowed for the      4,228        

first week after an injury is received or occupational disease     4,229        

contracted IS FIRST DIAGNOSED and no compensation shall be         4,232        

allowed for the first week of total disability OR IMPAIRMENT,                   

whenever it may occur, unless and until the employee is totally    4,234        

disable DISABLED OR IMPAIRED for a continuous period of two weeks  4,236        

or more, in which event compensation for the first week of total   4,237        

disability OR IMPAIRMENT, whenever it has occurred, shall be                    

paid, in addition to any other weekly benefits which are due,      4,239        

immediately following the second week of total disability OR       4,240        

IMPAIRMENT.  There shall be no waiting period in connection with   4,241        

the disbursements provided by section 4123.66 of the Revised       4,242        

Code.                                                                           

      Sec. 4123.56.  (A)  Except as provided in division (D)(E)    4,251        

of this section, in the case of temporary disability, an employee  4,252        

shall receive sixty-six and two-thirds per cent of his THE         4,253        

EMPLOYEE'S average weekly wage so long as such disability is       4,255        

total, not to exceed a maximum amount of weekly compensation       4,256        

which is equal to the statewide average weekly wage as defined in  4,257        

division (C) of section 4123.62 of the Revised Code, and not less  4,258        

than a minimum amount of compensation which is equal to            4,259        

thirty-three and one-third per cent of the statewide average       4,260        

weekly wage as defined in division (C) of section 4123.62 of the   4,261        

Revised Code unless the employee's wage is less than thirty-three  4,262        

and one-third per cent of the minimum statewide average weekly     4,263        

wage, in which event he THE EMPLOYEE shall receive compensation    4,264        

equal to his THE EMPLOYEE'S full wages; provided that for the      4,266        

first twelve weeks of total disability the employee shall receive  4,267        

                                                          100    

                                                                 
seventy-two per cent of his THE EMPLOYEE'S full weekly wage, but   4,269        

not to exceed a maximum amount of weekly compensation which is     4,270        

equal to the lesser of the statewide average weekly wage as        4,271        

defined in division (C) of section 4123.62 of the Revised Code or  4,272        

one hundred per cent of the employee's net take home weekly wage.  4,273        

In the case of a self-insuring employer, payments                  4,274        

      AS USED IN THIS DIVISION, "NET TAKE HOME WEEKLY WAGE" MEANS  4,277        

THE AMOUNT OBTAINED BY DIVIDING AN EMPLOYEE'S TOTAL REMUNERATION,  4,278        

AS DEFINED IN SECTION 4141.01 OF THE REVISED CODE, PAID TO OR      4,280        

EARNED BY THE EMPLOYEE DURING THE FIRST FOUR OF THE LAST FIVE      4,281        

COMPLETED CALENDAR QUARTERS WHICH IMMEDIATELY PRECEDE THE FIRST    4,282        

DAY OF THE EMPLOYEE'S ENTITLEMENT TO BENEFITS UNDER THIS           4,283        

DIVISION, BY THE NUMBER OF WEEKS DURING WHICH THE EMPLOYEE WAS     4,284        

PAID OR EARNED REMUNERATION DURING THOSE FOUR QUARTERS, LESS THE   4,285        

AMOUNT OF LOCAL, STATE, AND FEDERAL INCOME TAXES DEDUCTED FOR      4,286        

EACH SUCH WEEK.                                                    4,287        

      (B)(1)  IF THE PAYMENT OF COMPENSATION FOR TEMPORARY         4,290        

DISABILITY IS COMMENCED VOLUNTARILY BY A SELF-INSURING EMPLOYER,   4,291        

PAYMENTS OF COMPENSATION SHALL BE CONTINUED AT THE DISCRETION OF   4,293        

THE SELF-INSURING EMPLOYER.  WHEN A SELF-INSURING EMPLOYER MAKES   4,295        

ITS FIRST PAYMENT OF COMPENSATION TO AN EMPLOYEE UNDER THIS        4,296        

DIVISION, THE SELF-INSURING EMPLOYER SHALL NOTIFY THE EMPLOYEE,    4,297        

IN WRITING, OF ALL OF THE FOLLOWING:                               4,298        

      (a)  THAT THE SELF-INSURING EMPLOYER VOLUNTARILY HAS         4,300        

COMMENCED THE PAYMENTS;                                            4,301        

      (b)  THAT THE SELF-INSURING EMPLOYER MAY TERMINATE THE       4,303        

PAYMENTS AT ANY TIME;                                              4,304        

      (c)  THAT THE EMPLOYEE HAS A RIGHT TO A HEARING ON THE       4,306        

EMPLOYEE'S CLAIM;                                                  4,307        

      (d)  IF THE EMPLOYEE'S CLAIM THAT IS THE SUBJECT OF THE      4,309        

PAYMENTS COMMENCED UNDER THIS DIVISION IS DETERMINED TO BE VALID,  4,311        

THAT ANY COMPENSATION TO WHICH THE EMPLOYEE IS OR BECOMES                       

ENTITLED UNDER THIS SECTION FOR THAT CLAIM SHALL BE OFFSET BY THE  4,312        

PAYMENTS THE EMPLOYEE RECEIVES FROM THE SELF-INSURING EMPLOYER     4,313        

                                                          101    

                                                                 
UNDER THIS DIVISION.                                               4,314        

      A SELF-INSURING EMPLOYER EITHER SHALL CERTIFY OR CONTEST     4,316        

THE CLAIM FOR WHICH IT VOLUNTARILY IS MAKING PAYMENTS UNDER THIS   4,317        

DIVISION WITHIN SEVENTY-FIVE DAYS AFTER THE SELF-INSURING          4,319        

EMPLOYER MAKES THE FIRST PAYMENT OF COMPENSATION TO AN EMPLOYEE    4,320        

UNDER THIS DIVISION.  A CLAIM IS DEEMED CONTESTED IF THE           4,321        

SELF-INSURING EMPLOYER FAILS EITHER TO CERTIFY OR CONTEST THE      4,322        

CLAIM WITHIN SEVENTY-FIVE DAYS AFTER MAKING THE FIRST PAYMENT OF   4,323        

COMPENSATION UNDER THIS DIVISION TO AN EMPLOYEE.                                

      (2)  PAYMENT OF COMPENSATION FOR ALL CLAIMS FOR TEMPORARY    4,325        

DISABILITY OTHER THAN THOSE DESCRIBED IN DIVISION (B)(1) OF THIS   4,327        

SECTION, shall be for a duration based upon the medical reports    4,328        

of the attending physician.  If the employer disputes the          4,329        

attending physician's report, payments may be terminated only      4,330        

upon application and hearing by a district hearing officer         4,331        

pursuant to division (C) of section 4123.511 of the Revised Code.  4,332        

Payments shall continue pending the determination of the matter,   4,333        

however, payment shall not be made for the period when any         4,334        

employee has returned to work, when an employee's treating         4,335        

physician has made a written statement that the employee is        4,336        

capable of returning to his THE EMPLOYEE'S former position of      4,337        

employment, when work within the physical capabilities of the      4,339        

employee is made available by the employer or another employer,    4,340        

or when the employee has reached the maximum medical improvement.  4,341        

Where IF the employee is capable of work activity, but his THE     4,343        

EMPLOYEE'S employer is unable to offer him THE EMPLOYEE any        4,346        

employment, the employee shall register with the bureau of         4,348        

employment services, which shall assist the employee in finding    4,349        

suitable employment.  The                                                       

      (3)  THE termination of temporary total disability, whether  4,352        

by order or otherwise, does not preclude the commencement of       4,353        

temporary total disability at another point in time if the         4,354        

employee again becomes temporarily totally disabled.                            

      (4)  IF A DISTRICT HEARING OFFICER, STAFF HEARING OFFICER,   4,356        

                                                          102    

                                                                 
OR THE INDUSTRIAL COMMISSION DETERMINES, BASED UPON THE EVIDENCE,  4,358        

THAT AN EMPLOYEE WAS NOT ENTITLED PURSUANT TO THIS CHAPTER OR      4,359        

CHAPTER 4121., 4127., OR 4131. OF THE REVISED CODE TO RECEIVE      4,360        

TEMPORARY TOTAL DISABILITY COMPENSATION PRIOR TO THE DATE OF THE   4,361        

HEARING IN WHICH THAT DETERMINATION IS MADE, THE HEARING OFFICER                

OR THE COMMISSION SHALL DECLARE AN OVERPAYMENT EFFECTIVE FROM THE  4,363        

DATE THE EMPLOYEE WAS NOT ENTITLED TO RECEIVE THAT COMPENSATION.   4,364        

IF THE EMPLOYER PAYS PREMIUMS TO THE STATE INSURANCE FUND, THE     4,365        

AMOUNT OF THE OVERPAYMENT SHALL NOT BE CHARGED TO THE EMPLOYER'S   4,366        

EXPERIENCE.  IF THE EMPLOYER IS A SELF-INSURING EMPLOYER, THE      4,367        

SELF-INSURING EMPLOYER SHALL DEDUCT THE AMOUNT OF THE OVERPAYMENT  4,368        

FROM THE PAID COMPENSATION IT REPORTS TO THE ADMINISTRATOR UNDER   4,369        

DIVISION (K) OF SECTION 4123.35 OF THE REVISED CODE.  THE          4,370        

SELF-INSURING EMPLOYER OR THE BUREAU, AS APPROPRIATE, SHALL        4,371        

WITHHOLD THE AMOUNT OF THE OVERPAYMENT FROM ANY AMOUNT TO WHICH    4,372        

THE EMPLOYEE BECOMES ENTITLED UNDER ANY CLAIM PAST, PRESENT, OR    4,373        

FUTURE UNDER CHAPTER 4121., 4123., 4127., OR 4131. OF THE REVISED  4,374        

CODE PURSUANT TO DIVISION (J) OF SECTION 4123.511 OF THE REVISED   4,375        

CODE.                                                                           

      (5)  After two hundred weeks of temporary total disability   4,377        

benefits, the bureau medical section shall schedule the claimant   4,378        

EMPLOYEE for an examination for an evaluation to determine         4,379        

whether or not the temporary disability has become permanent.  A   4,381        

self-insuring employer shall notify the bureau of workers'         4,382        

compensation immediately after payment of two hundred weeks of     4,383        

temporary total disability and request that the bureau of          4,384        

workers' compensation schedule the claimant EMPLOYEE for such an   4,385        

examination.                                                                    

      (6)  When the employee is awarded compensation for           4,387        

temporary total disability for a period for which he THE EMPLOYEE  4,388        

has received benefits under Chapter 4141. of the Revised Code,     4,390        

the bureau of workers' compensation shall pay an amount equal to   4,391        

the amount received from the award to the bureau of employment     4,392        

services and the administrator OF THE BUREAU of employment         4,393        

                                                          103    

                                                                 
services shall credit the amount to the accounts of the employers  4,395        

to whose accounts the payment of benefits was charged or is        4,396        

chargeable to the extent it was charged or is chargeable.          4,397        

      (7)  If any compensation under this section has been paid    4,399        

for the same period or periods for which temporary                 4,400        

nonoccupational accident and sickness insurance is or has been     4,401        

paid pursuant to an insurance policy or program to which the       4,402        

employer has made the entire contribution or payment for           4,403        

providing insurance or under a nonoccupational accident and        4,404        

sickness program fully funded by the employer, compensation paid   4,405        

under this section for the period or periods shall be paid only    4,406        

to the extent by which the payment or payments exceeds the amount  4,407        

of the nonoccupational insurance or program paid or payable.       4,408        

Offset of the compensation shall be made only upon the prior       4,409        

order of the bureau of workers' compensation or industrial         4,410        

commission or agreement of the claimant.                           4,411        

      As used in this division, "net take home weekly wage" means  4,413        

the amount obtained by dividing an employee's total remuneration,  4,414        

as defined in section 4141.01 of the Revised Code, paid to or      4,415        

earned by the employee during the first four of the last five      4,416        

completed calendar quarters which immediately precede the first    4,417        

day of the employee's entitlement to benefits under this           4,418        

division, by the number of weeks during which the employee was     4,419        

paid or earned remuneration during those four quarters, less the   4,420        

amount of local, state, and federal income taxes deducted for      4,421        

each such week.                                                    4,422        

      (B)  Where (C)(1)  IF an employee in a claim allowed under   4,425        

this chapter suffers a wage loss as a DIRECT result of returning   4,426        

to employment other than his THE EMPLOYEE'S former position of     4,427        

employment or as a result of being unable to find employment       4,429        

consistent with DUE TO A LIMITATION IN the claimant's physical     4,431        

capabilities CAUSED SOLELY BY THE ALLOWED CONDITION OR CONDITIONS  4,432        

IN THE EMPLOYEE'S CLAIM, he THE EMPLOYEE shall receive             4,433        

compensation at sixty-six and two-thirds per cent of his THE       4,434        

                                                          104    

                                                                 
DIFFERENCE BETWEEN THE EMPLOYEE'S AVERAGE weekly wage loss AT THE  4,435        

TIME OF THE INJURY OR DATE OF DISEASE AND THE EMPLOYEE'S PRESENT   4,436        

EARNINGS not to exceed the statewide average weekly wage for a     4,437        

period not to exceed two hundred weeks.  THE PAYMENTS MAY          4,438        

CONTINUE FOR UP TO A MAXIMUM OF TWO HUNDRED WEEKS, BUT THE         4,439        

PAYMENTS SHALL BE REDUCED BY THE CORRESPONDING NUMBER OF WEEKS IN  4,440        

WHICH THE EMPLOYEE RECEIVES PAYMENTS PURSUANT TO DIVISION (B) OF   4,441        

SECTION 4121.67 OF THE REVISED CODE.                                            

      (2)  IF AN EMPLOYEE IN A CLAIM ALLOWED UNDER THIS CHAPTER    4,444        

SUFFERS A WAGE LOSS AS A DIRECT RESULT OF BEING UNABLE TO FIND     4,445        

EMPLOYMENT CONSISTENT WITH THE EMPLOYEE'S PHYSICAL CAPABILITIES    4,446        

RESULTING FROM THE EMPLOYEE'S INJURY OR OCCUPATIONAL DISEASE, THE               

EMPLOYEE SHALL RECEIVE COMPENSATION AT SIXTY-SIX AND TWO-THIRDS    4,449        

PER CENT OF THE DIFFERENCE BETWEEN THE EMPLOYEE'S AVERAGE WEEKLY   4,450        

WAGE AT THE TIME OF THE INJURY OR DATE OF DISEASE AND THE          4,452        

EMPLOYEE'S PRESENT EARNINGS, NOT TO EXCEED THE STATEWIDE AVERAGE   4,453        

WEEKLY WAGE.  THE PAYMENTS MAY CONTINUE FOR UP TO A MAXIMUM OF     4,454        

TWENTY-SIX WEEKS; HOWEVER, AN EMPLOYEE IN A CLAIM ALLOWED UNDER    4,455        

THIS CHAPTER MAY RECEIVE COMPENSATION UNDER DIVISION (C)(2) OF     4,457        

THIS SECTION FOR UP TO A MAXIMUM OF FIFTY-TWO WEEKS IF, AT ANY     4,458        

TIME DURING THE PERIOD IN WHICH THE EMPLOYEE IS RECEIVING          4,459        

COMPENSATION UNDER DIVISION (C)(2) OF THIS SECTION, THE BENEFIT    4,460        

PERIOD FOR UNEMPLOYMENT IS IN EXTENSION PURSUANT TO SECTION        4,461        

4141.301 OF THE REVISED CODE.  NEITHER THE FILING OF A REQUEST     4,462        

FOR NOR THE RECEIPT OF COMPENSATION PURSUANT TO DIVISION (C)(2)    4,464        

OF THIS SECTION SHALL AFFECT AN EMPLOYEE'S APPLICATION FOR                      

COMPENSATION PROVIDED UNDER SECTION 4123.58 OF THE REVISED CODE.   4,466        

      (3)  THE NUMBER OF WEEKS OF WAGE LOSS PAYABLE TO AN          4,468        

EMPLOYEE UNDER DIVISIONS (C)(1) AND (2) OF THIS SECTION SHALL NOT  4,469        

EXCEED TWO HUNDRED WEEKS IN THE AGGREGATE.                         4,470        

      (4)  AS USED IN THIS DIVISION, "DATE OF DISEASE" MEANS THE   4,472        

DATE AN OCCUPATIONAL DISEASE IS FIRST DIAGNOSED BY A LICENSED      4,473        

PHYSICIAN, OR FOR AN OCCUPATIONAL DISEASE DESCRIBED IN DIVISIONS   4,474        

(A) THROUGH (AA) OF SECTION 4123.68 OF THE REVISED CODE, OR OTHER  4,478        

                                                          105    

                                                                 
OCCUPATIONAL DISEASE THAT RESULTS FROM EXPOSURE TO                              

FIBROSIS-PRODUCING OR TOXIC DUSTS, FUMES, MISTS, VAPORS, GASES,    4,479        

OR LIQUIDS, OR OTHER TOXIC MATERIALS, OR A COMBINATION OF THOSE,   4,480        

THE DATE THAT THE EMPLOYEE FIRST MISSES WORK AS A RESULT OF THE    4,481        

OCCUPATIONAL DISEASE.                                                           

      (C)(D)  In the event an employee of a professional sports    4,483        

franchise domiciled in this state is disabled OR IMPAIRED as the   4,484        

result of an injury or occupational disease, the total amount of   4,486        

payments made under a contract of hire or collective bargaining    4,487        

agreement to the employee during a period of disability OR         4,488        

IMPAIRMENT is deemed an advanced payment of compensation payable   4,490        

under sections 4123.56 to 4123.58 of the Revised Code.  The        4,491        

employer shall be reimbursed the total amount of the advanced      4,492        

payments out of any award of compensation made pursuant to         4,493        

sections 4123.56 to 4123.58 of the Revised Code.                                

      (D)(E)  If an employee receives temporary total disability   4,495        

benefits pursuant to division (A) of this section and social       4,496        

security retirement benefits pursuant to the "Social Security      4,497        

Act," the weekly benefit amount under division (A) of this         4,498        

section shall not exceed sixty-six and two-thirds per cent of the  4,499        

statewide average weekly wage as defined in division (C) of        4,500        

section 4123.62 of the Revised Code.                               4,501        

      (F)  THE COMMENCEMENT OF THE PAYMENT OF COMPENSATION UNDER   4,504        

DIVISION (B) OF THIS SECTION SHALL NOT CONSTITUTE A RECOGNITION    4,506        

BY A SELF-INSURING EMPLOYER OF A CLAIM OR OF A CONDITION IN THE    4,507        

CLAIM AS COMPENSABLE, BUT SHALL DO NO MORE THAN SATISFY THE        4,508        

REQUIREMENTS OF SECTION 4123.84 OF THE REVISED CODE.               4,510        

      Sec. 4123.57.  Partial disability compensation shall be      4,520        

paid as follows.                                                                

      (A)(1)  Except as provided in DIVISION (A)(2) OF this        4,522        

section, not earlier than forty weeks after the date of            4,524        

termination of the latest period of payments under section         4,525        

4123.56 of the Revised Code, or not earlier than forty weeks       4,526        

after the date of the injury or contraction THE DATE OF FIRST      4,527        

                                                          106    

                                                                 
DIAGNOSIS of an occupational disease BY A LICENSED PHYSICIAN in    4,528        

the absence of payments under section 4123.56 of the Revised       4,529        

Code, the AN employee may file an application with the bureau of   4,530        

workers' compensation for the determination of the percentage of   4,532        

his THE EMPLOYEE'S permanent partial disability IMPAIRMENT         4,534        

resulting from the AN injury or occupational disease.              4,535        

      (2)  AN EMPLOYEE MAY FILE THE APPLICATION SPECIFIED IN       4,538        

DIVISION (A)(1) OF THIS SECTION WITHOUT WAITING FORTY WEEKS WHEN   4,540        

EITHER OF THE FOLLOWING OCCURS:                                                 

      (a)  THE RECEIPT OF PAYMENTS UNDER DIVISION (A) OF SECTION   4,543        

4123.56 OF THE REVISED CODE IS TERMINATED BY A HEARING OFFICER     4,545        

BECAUSE THE EMPLOYEE HAS REACHED MAXIMUM MEDICAL IMPROVEMENT.      4,547        

      (b)  THE RECEIPT OF BENEFITS UNDER DIVISION (A) OF SECTION   4,550        

4123.56 OF THE REVISED CODE IS TERMINATED BECAUSE THE EMPLOYEE'S   4,551        

ATTENDING PHYSICIAN CERTIFIES THAT THE EMPLOYEE HAS REACHED        4,552        

MAXIMUM MEDICAL IMPROVEMENT.                                                    

      (3)  Whenever the AN application is filed UNDER DIVISION     4,555        

(A)(1) OR (2) OF THIS SECTION, the bureau shall send a copy of     4,556        

the application to the employee's employer or the employer's       4,557        

representative and, EXCEPT WHEN THE OPTION PROVIDED IN DIVISION    4,558        

(A)(7) OF THIS SECTION IS CHOSEN, shall schedule the employee for  4,559        

a medical examination by the bureau medical section.  The bureau   4,560        

shall send a copy of the report of the medical examination to the  4,561        

employee, the employer, and their representatives.  Thereafter,    4,562        

the administrator of workers' compensation shall review the        4,563        

employee's claim file and make a tentative order as the evidence   4,564        

before him at the time of the making of the order warrants.  If    4,565        

the administrator determines that there is a conflict of           4,566        

evidence, he shall send the application, along with the            4,567        

claimant's file, to the district hearing officer who shall set     4,568        

the application for a hearing THE REPORT OF THE MEDICAL            4,569        

EXAMINATION SHALL CONTAIN A STATEMENT OF THE EXAMINER'S FINDING    4,571        

ON THE EMPLOYEE'S PERCENTAGE OF PERMANENT PARTIAL IMPAIRMENT       4,572        

RESULTING FROM ALLOWED CONDITIONS IN THE CLAIM UNDER THE MOST      4,573        

                                                          107    

                                                                 
RECENT EDITION OF THE AMERICAN MEDICAL ASSOCIATION'S GUIDES TO     4,575        

THE EVALUATION OF PERMANENT IMPAIRMENT.  AFTER RECEIVING THE       4,576        

REPORT OF THE MEDICAL EXAMINATION, THE ADMINISTRATOR OF WORKERS'   4,577        

COMPENSATION SHALL MAKE A TENTATIVE ORDER FINDING THAT THE         4,578        

EMPLOYEE'S PERCENTAGE OF PERMANENT PARTIAL IMPAIRMENT IS THE SAME  4,579        

PERCENTAGE SHOWN BY THE REPORT OF THE MEDICAL EXAMINATION, UNLESS  4,580        

THE ADMINISTRATOR DETERMINES THAT THE REPORT CLEARLY IS            4,581        

ERRONEOUS.  IF THE ADMINISTRATOR DETERMINES THAT THE REPORT        4,582        

CLEARLY IS ERRONEOUS, THE ADMINISTRATOR SHALL DISREGARD THE        4,583        

REPORT, SCHEDULE THE EMPLOYEE FOR ANOTHER EXAMINATION BY THE       4,584        

BUREAU MEDICAL SECTION, AND ISSUE A TENTATIVE ORDER THAT FINDS     4,585        

THAT THE EMPLOYEE'S PERCENTAGE OF PERMANENT PARTIAL IMPAIRMENT IS  4,586        

THE SAME PERCENTAGE SHOWN BY THE SECOND MEDICAL EXAMINATION        4,587        

REPORT.                                                            4,588        

      (4)  The administrator shall notify the employee, the        4,590        

employer, and their representatives, in writing, of the tentative  4,591        

order and of the parties' right to request a hearing.  Unless the  4,592        

employee, the employer, or their representative notifies the       4,593        

administrator, in writing, of an objection to the tentative order  4,594        

within twenty days after receipt of the notice thereof, the        4,595        

tentative order shall go into effect and the employee shall        4,596        

receive the compensation provided in the order.  In no event       4,597        

shall there be a reconsideration of a tentative order issued       4,598        

under this division WITHIN FOURTEEN DAYS AFTER RECEIPT OF THE      4,599        

TENTATIVE ORDER, THE EMPLOYEE, THE EMPLOYER, OR THEIR              4,600        

REPRESENTATIVES, MAY FILE WITH THE BUREAU AN OBJECTION TO THE      4,602        

TENTATIVE ORDER.  THE OPPOSING PARTY MUST BE SERVED BY THE FILING  4,604        

PARTY WITH A COPY OF THE OBJECTION TO THE TENTATIVE ORDER NOT                   

LATER THAN THE DAY OF FILING.  PROPER MAILING OF THE OBJECTION TO  4,606        

THE TENTATIVE ORDER TO THE OPPOSING PARTY CONSTITUTES SERVICE.     4,607        

IF AN OBJECTION TO THE TENTATIVE ORDER IS NOT FILED BY A PARTY BY  4,608        

THE DEADLINE ESTABLISHED BY DIVISION (A)(4) OF THIS SECTION, THE   4,609        

ORDER BECOMES FINAL.                                               4,610        

      (5)  If the employee, the employer, or their                 4,612        

                                                          108    

                                                                 
representatives timely notify the administrator of an objection    4,613        

to the tentative order, EITHER PARTY, WITHIN FOURTEEN DAYS AFTER   4,616        

THE DATE OF FILING OR OF RECEIPT OF AN OBJECTION, WHICHEVER IS                  

LATER, MAY REQUEST ANOTHER EXAMINATION BY THE BUREAU MEDICAL       4,618        

SECTION.  THE PARTY REQUESTING THAT EXAMINATION SHALL PAY THE      4,619        

COST OF THAT EXAMINATION.  UPON THAT REQUEST, THE BUREAU SHALL     4,620        

SCHEDULE THE EMPLOYEE FOR ANOTHER MEDICAL EXAMINATION BY THE       4,622        

BUREAU MEDICAL SECTION.  ALL PROVISIONS OF DIVISION (A)(3) OF      4,623        

THIS SECTION APPLICABLE TO THE FIRST MEDICAL EXAMINATION APPLY TO  4,624        

A SUBSEQUENT MEDICAL EXAMINATION REQUESTED PURSUANT TO DIVISION    4,625        

(A)(5) OF THIS SECTION.  THE BUREAU SHALL SEND A COPY OF THE       4,626        

REPORT OF THE MEDICAL EXAMINATION TO THE EMPLOYEE, THE EMPLOYER,   4,627        

AND THEIR REPRESENTATIVES.                                                      

      UPON THE FILING OF AN OBJECTION TO THE TENTATIVE ORDER OR    4,629        

UPON THE COMPLETION OF THE MEDICAL EXAMINATION REQUESTED PURSUANT  4,630        

TO DIVISION (A)(5) OF THIS SECTION, WHICHEVER IS LATER, the        4,633        

matter shall be referred to a district hearing officer who shall   4,634        

set the application for hearing with written notices to all        4,635        

interested persons.  Upon referral to a district hearing officer,  4,636        

the employer may obtain a medical examination of the employee,     4,637        

pursuant to rules of the industrial commission AT THE HEARING,     4,638        

THE DISTRICT HEARING OFFICER FIRST SHALL MAKE A FINDING AS TO                   

WHETHER ANY OF THE FOLLOWING HAS OCCURRED:                         4,640        

      (a)  THE BUREAU MEDICAL SECTION BASED ITS REPORT, AT LEAST   4,643        

IN PART, ON CONDITIONS NOT ALLOWED IN THE CLAIM;                                

      (b)  THE BUREAU MEDICAL SECTION FAILED TO CONSIDER ALL OF    4,646        

THE ALLOWED CONDITIONS IN THE CLAIM;                                            

      (c)  THE BUREAU MEDICAL SECTION'S EXAMINER WAS PREJUDICED    4,649        

AGAINST THE EMPLOYER OR THE EMPLOYEE;                                           

      (d)  THE BUREAU MEDICAL SECTION FAILED TO PROPERLY APPLY     4,652        

THE MOST RECENT EDITION OF THE AMERICAN MEDICAL ASSOCIATION'S      4,653        

GUIDES TO THE EVALUATION OF PERMANENT IMPAIRMENT IN DETERMINING    4,654        

THE EMPLOYEE'S PERCENTAGE OF PERMANENT IMPAIRMENT;                 4,655        

      (e)  THE TENTATIVE ORDER PROVIDES FOR THE PAYMENT OF         4,657        

                                                          109    

                                                                 
COMPENSATION UNDER A CIRCUMSTANCE IN WHICH THAT COMPENSATION IS    4,658        

BARRED BY THIS SECTION OR ANY OTHER PROVISION OF LAW.              4,659        

      (A)  The district hearing officer, upon the application,     4,662        

shall determine the percentage of the employee's permanent                      

disability, except as is subject to division (B) of this section,  4,663        

based upon that condition of the employee resulting from the       4,664        

injury or occupational disease and causing permanent impairment    4,665        

evidenced by medical or clinical findings reasonably               4,666        

demonstrable.  The employee shall receive sixty-six and            4,667        

two-thirds per cent of his average weekly wage, but not more than  4,668        

a maximum of thirty-three and one-third per cent of the statewide  4,669        

average weekly wage as defined in division (C) of section 4123.62  4,670        

of the Revised Code, per week regardless of the average weekly     4,671        

wage, for the number of weeks which equals the percentage of two   4,672        

hundred weeks.  Except on application for reconsideration,         4,673        

review, or modification, which is filed within ten days after the  4,674        

date of receipt of the decision of the district hearing officer,   4,675        

in no instance shall the former award be modified unless it is     4,676        

found from medical or clinical findings that the condition of the  4,677        

claimant resulting from the injury has so progressed as to have    4,678        

increased the percentage of permanent partial disability.  A       4,679        

staff hearing officer shall hear an application for                4,680        

reconsideration filed and his decision is final.  An  IF THE       4,681        

DISTRICT HEARING OFFICER FINDS ONE OF THE SITUATIONS DESCRIBED IN  4,683        

DIVISION (A)(5)(a), (b), (c) OR (d) OF THIS SECTION, THE DISTRICT  4,684        

HEARING OFFICER SHALL ISSUE AN ORDER REJECTING THE REPORT OF THE   4,686        

MEDICAL EXAMINATION AND REQUIRING THE BUREAU MEDICAL SECTION TO    4,687        

PERFORM A NEW MEDICAL EXAMINATION.  ALL PROVISIONS OF THIS         4,688        

DIVISION APPLICABLE TO THE FIRST MEDICAL EXAMINATION AND THE       4,690        

DETERMINATION OF THE PERCENTAGE OF PERMANENT PARTIAL IMPAIRMENT                 

APPLY TO ANY SUBSEQUENT MEDICAL EXAMINATION THAT IS ORDERED UNDER  4,691        

THIS DIVISION.  IF THE DISTRICT HEARING OFFICER FINDS THE          4,692        

SITUATION DESCRIBED IN DIVISION (A)(5)(e) OF THIS SECTION, THE     4,694        

DISTRICT HEARING OFFICER SHALL ISSUE AN ORDER DENYING THE          4,695        

                                                          110    

                                                                 
APPLICATION.  IF THE DISTRICT HEARING OFFICER FINDS NONE OF THE    4,696        

SITUATIONS DESCRIBED IN DIVISION (A)(5)(a), (b), (c), (d), OR (e)  4,698        

OF THIS SECTION, THE DISTRICT HEARING OFFICER SHALL ISSUE AN       4,699        

ORDER FINDING THAT THE EMPLOYEE'S PERCENTAGE OF PERMANENT PARTIAL  4,700        

IMPAIRMENT IS THE SAME PERCENTAGE SHOWN BY EITHER THE FIRST OR     4,701        

ANY SUBSEQUENT BUREAU MEDICAL EXAMINATION REPORT.                  4,702        

      (6)  AN employee may file an application for a subsequent    4,705        

determination of the percentage of his THE EMPLOYEE'S permanent    4,706        

disability IMPAIRMENT.  NO APPLICATION FOR SUBSEQUENT PERCENTAGE   4,708        

DETERMINATIONS ON THE SAME CLAIM FOR INJURY OR OCCUPATIONAL                     

DISEASE SHALL BE ACCEPTED UNLESS SUPPORTED BY SUBSTANTIAL          4,709        

EVIDENCE OF NEW AND CHANGED CIRCUMSTANCES DEVELOPING SINCE THE     4,710        

TIME OF THE LAST DETERMINATION.  If such an application is filed   4,712        

UNDER DIVISION (A)(6) OF THIS SECTION, the bureau shall send a     4,713        

copy of the application to the employer or the employer's          4,714        

representative.  No sooner than sixty days from the date of the    4,715        

mailing of the application to the employer or the employer's       4,716        

representative, the administrator shall review the application.    4,717        

The administrator may require a medical examination or medical     4,718        

review of the employee.  The administrator shall issue a           4,719        

tentative order based upon the evidence before him, provided that  4,720        

if he requires a medical examination or medical review, the        4,721        

administrator shall not issue the tentative order until the        4,722        

completion of the examination or review.                           4,723        

      The employer may obtain a medical examination of the         4,725        

employee and may submit medical evidence at any stage of the       4,726        

process up to a hearing before the district hearing officer,       4,727        

pursuant to rules of the commission.  The administrator shall      4,728        

notify the employee, the employer, and their representatives, in   4,729        

writing, of the nature and amount of any tentative order issued    4,730        

on an application requesting a subsequent determination of the     4,731        

percentage of an employee's permanent disability.  An employee,    4,732        

employer, or their representatives may object to the tentative     4,733        

order within twenty days after the receipt of the notice thereof.  4,734        

                                                          111    

                                                                 
If no timely objection is made, the tentative order shall go into  4,735        

effect.  In no event shall there be a reconsideration of a         4,736        

tentative order issued under this division.  If an objection is    4,737        

timely made, the application for a subsequent determination shall  4,738        

be referred to a district hearing officer who shall set the        4,739        

application for a hearing with written notice to all interested    4,740        

persons.  No application for subsequent percentage determinations  4,741        

on the same claim for injury or occupational disease shall be      4,742        

accepted for review by the district hearing officer unless         4,743        

supported by substantial evidence of new and changed               4,744        

circumstances developing since the time of the hearing on the      4,745        

original or last determination.                                    4,746        

      No award shall be made under this division based upon a      4,749        

percentage of disability which, when taken with all other          4,751        

percentages of permanent disability, exceeds one hundred per       4,753        

cent.  If the percentage of the permanent disability of the        4,754        

employee equals or exceeds ninety per cent, compensation for                    

permanent partial disability shall be paid for two hundred weeks.  4,757        

TREAT THE APPLICATION AS THOUGH IT WAS AN ORIGINAL APPLICATION     4,758        

FOR THE DETERMINATION OF THE PERCENTAGE OF PERMANENT PARTIAL       4,759        

IMPAIRMENT.  IN NO INSTANCE SHALL THE FORMER AWARD BE MODIFIED     4,760        

UNLESS IT IS FOUND FROM MEDICAL OR CLINICAL FINDINGS THAT THE                   

CONDITION OF THE EMPLOYEE RESULTING FROM THE INJURY OR             4,761        

OCCUPATIONAL DISEASE HAS SO PROGRESSED AS TO HAVE INCREASED THE    4,763        

PERCENTAGE OF PERMANENT PARTIAL IMPAIRMENT.  ALL PROVISIONS OF     4,764        

THIS DIVISION APPLICABLE TO AN ORIGINAL APPLICATION APPLY TO AN    4,765        

APPLICATION FOR SUBSEQUENT DETERMINATION.  THE DECISION OF A       4,767        

DISTRICT HEARING OFFICER ON AN EMPLOYEE'S APPLICATION FILED UNDER               

DIVISION (A)(1), (2), AND (6) OF THIS SECTION IS FINAL.            4,770        

      (7)  NOTWITHSTANDING DIVISIONS (A)(3) THROUGH (6) OF THIS    4,773        

SECTION, THE DETERMINATION OF AN EMPLOYEE'S PERCENTAGE OF          4,774        

PERMANENT PARTIAL IMPAIRMENT SHALL BE MADE IN ACCORDANCE WITH      4,775        

DIVISION (A)(7) OF THIS SECTION, UPON THE WRITTEN AGREEMENT BY AN  4,777        

EMPLOYEE AND EMPLOYER TO UTILIZE THE ALTERNATIVE METHOD OF         4,778        

                                                          112    

                                                                 
DETERMINATION PROVIDED IN DIVISION (A)(7) OF THIS SECTION.         4,780        

WITHIN SEVEN DAYS AFTER RECEIPT OF THE WRITTEN AGREEMENT, THE      4,781        

ADMINISTRATOR SHALL ASSIGN A PHYSICIAN FROM THE IMPAIRMENT         4,782        

EVALUATION PANEL WITHIN THE BUREAU MEDICAL SECTION TO CONDUCT A    4,783        

MEDICAL EXAMINATION OF THE EMPLOYEE AND SEND WRITTEN NOTICE TO     4,784        

THE EMPLOYEE AND EMPLOYER OF THAT ASSIGNMENT.  THE EMPLOYEE AND    4,785        

EMPLOYER EACH SHALL SELECT A PHYSICIAN FROM THE IMPAIRMENT         4,786        

EVALUATION PANEL WHO SHALL SERVE AS CONSULTANTS TO THE ASSIGNED    4,787        

PHYSICIAN IF THE EMPLOYEE OR EMPLOYER OBJECTS TO THE ASSIGNED      4,788        

PHYSICIAN'S DETERMINATION.                                                      

      WITHIN TWENTY-ONE DAYS AFTER ASSIGNMENT, THE ASSIGNED        4,790        

PHYSICIAN SHALL CONDUCT A MEDICAL EXAMINATION OF THE EMPLOYEE AND  4,792        

PROVIDE TO THE ADMINISTRATOR A REPORT OF THE MEDICAL EXAMINATION   4,793        

STATING THE EMPLOYEE'S PERCENTAGE OF PERMANENT PARTIAL IMPAIRMENT  4,794        

RESULTING FROM THE ALLOWED CONDITIONS IN THE CLAIM UNDER THE MOST  4,795        

RECENT EDITION OF THE AMERICAN MEDICAL ASSOCIATION'S GUIDES TO     4,797        

THE EVALUATION OF PERMANENT IMPAIRMENT.  IMMEDIATELY UPON RECEIPT  4,798        

OF THE REPORT, THE ADMINISTRATOR SHALL SEND A COPY OF THE REPORT   4,799        

TO THE EMPLOYEE AND EMPLOYER.                                                   

      WITHIN TWENTY-ONE DAYS AFTER RECEIPT OF THE REPORT, AN       4,801        

EMPLOYEE OR EMPLOYER MAY SEND WRITTEN NOTICE TO THE ADMINISTRATOR  4,803        

OBJECTING TO THE REPORT.  IF A WRITTEN NOTICE OF OBJECTION IS NOT  4,804        

TIMELY RECEIVED, THE ASSIGNED PHYSICIAN'S DETERMINATION OF THE     4,805        

PERCENTAGE OF PERMANENT PARTIAL IMPAIRMENT OF AN EMPLOYEE IS       4,806        

FINAL, NOTWITHSTANDING SECTION 4123.511 OF THE REVISED CODE.  IF   4,808        

A WRITTEN NOTICE OF OBJECTION IS TIMELY RECEIVED, THE              4,809        

ADMINISTRATOR SHALL PROVIDE A COPY OF THE ASSIGNED PHYSICIAN'S     4,810        

REPORT TO THE CONSULTING PHYSICIANS SELECTED BY THE EMPLOYEE AND   4,811        

EMPLOYER, WITHIN SEVEN DAYS AFTER RECEIPT OF THE OBJECTION.        4,812        

      WITHIN TWENTY-ONE DAYS AFTER RECEIPT OF THE REPORT, BOTH     4,814        

CONSULTING PHYSICIANS SHALL CONFER WITH THE ASSIGNED PHYSICIAN     4,815        

AND JOINTLY, ON THE BASIS OF THE OPINION OF A MAJORITY OF THE      4,816        

PHYSICIANS, ISSUE A FINAL REPORT STATING THE EMPLOYEE'S            4,817        

PERCENTAGE OF PERMANENT PARTIAL IMPAIRMENT RESULTING FROM THE      4,818        

                                                          113    

                                                                 
ALLOWED CONDITIONS IN THE CLAIM UNDER THE MOST RECENT EDITION OF   4,819        

THE AMERICAN MEDICAL ASSOCIATION'S GUIDES TO THE EVALUATION OF     4,821        

PERMANENT IMPAIRMENT.  WITHIN FOURTEEN DAYS AFTER RECEIPT OF THE   4,822        

FINAL REPORT, THE ADMINISTRATOR SHALL SEND A COPY OF THE FINAL     4,823        

REPORT TO THE EMPLOYEE AND EMPLOYER.  NOTWITHSTANDING SECTION      4,824        

4123.511 OF THE REVISED CODE, THE PERCENTAGE OF PERMANENT PARTIAL  4,826        

IMPAIRMENT OF AN EMPLOYEE STATED IN THE FINAL REPORT ISSUED        4,827        

PURSUANT TO DIVISION (A)(7) OF THIS SECTION IS FINAL.              4,829        

      (8)  Compensation payable under this division (A) OF THIS    4,832        

SECTION accrues and is payable to the employee from the date of    4,833        

last payment of compensation, or, in cases where no previous       4,834        

compensation has been paid, from the date of the injury or, FOR    4,835        

OCCUPATIONAL DISEASES, the date of the diagnosis of the            4,836        

occupational disease.  THE EMPLOYEE SHALL RECEIVE SIXTY-SIX AND    4,837        

TWO-THIRDS PER CENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE, BUT     4,838        

NOT MORE THAN A MAXIMUM OF THIRTY-THREE AND ONE-THIRD PER CENT OF  4,839        

THE STATEWIDE AVERAGE WEEKLY WAGE AS DEFINED IN DIVISION (C) OF    4,841        

SECTION 4123.62 OF THE REVISED CODE, PER WEEK REGARDLESS OF THE    4,842        

AVERAGE WEEKLY WAGE FOR THE NUMBER OF WEEKS THAT EQUALS THE        4,843        

PERCENTAGE OF TWO HUNDRED WEEKS.  IF THE PERCENTAGE OF THE         4,845        

PERMANENT IMPAIRMENT OF THE EMPLOYEE EQUALS OR EXCEEDS NINETY PER  4,846        

CENT, COMPENSATION FOR PERMANENT PARTIAL IMPAIRMENT SHALL BE PAID  4,847        

FOR TWO HUNDRED WEEKS.  NO AWARD SHALL BE MADE UNDER DIVISION (A)  4,848        

OF THIS SECTION BASED UPON A PERCENTAGE OF IMPAIRMENT THAT, WHEN   4,849        

TAKEN WITH ALL OTHER PERCENTAGES OF PERMANENT IMPAIRMENT, EXCEEDS  4,850        

ONE HUNDRED PER CENT.  NOTWITHSTANDING DIVISION (H) OF SECTION     4,851        

4123.511 OF THE REVISED CODE, THE BUREAU OR A SELF-INSURING        4,853        

EMPLOYER SHALL PAY A PERMANENT PARTIAL IMPAIRMENT AWARD WITHIN     4,854        

TWENTY-ONE DAYS AFTER THE DATE ON WHICH AN ORDER FIXING THE        4,856        

EMPLOYEE'S PERCENTAGE OF PERMANENT PARTIAL IMPAIRMENT BECOMES      4,857        

FINAL.                                                                          

      AS USED IN THIS DIVISION, "DATE OF DISEASE" MEANS THE DATE   4,860        

AN OCCUPATIONAL DISEASE IS FIRST DIAGNOSED BY A LICENSED                        

PHYSICIAN, OR FOR AN OCCUPATIONAL DISEASE DESCRIBED IN DIVISIONS   4,861        

                                                          114    

                                                                 
(A) THROUGH (AA) OF SECTION 4123.68 OF THE REVISED CODE OR OTHER   4,865        

OCCUPATIONAL DISEASE THAT RESULTS FROM EXPOSURE TO                 4,866        

FIBROSIS-PRODUCING OR TOXIC DUSTS, FUMES, MISTS, VAPORS, GASES,    4,867        

OR LIQUIDS, OR OTHER TOXIC MATERIALS, OR A COMBINATION OF THOSE,   4,868        

THE DATE THAT THE EMPLOYEE FIRST MISSES WORK AS A RESULT OF THE    4,869        

OCCUPATIONAL DISEASE.                                              4,870        

      (9)  When an award under this division (A) OF THIS SECTION   4,873        

has been made prior to the death of an employee, all unpaid        4,875        

installments accrued or to accrue under the provisions of the      4,876        

award are payable to the surviving spouse, or if there is no       4,877        

surviving spouse, to the dependent children of the employee, and   4,878        

if there are no children surviving, then to other dependents as    4,879        

the administrator determines.                                      4,880        

      (B)  In cases included in the following schedule the         4,882        

compensation payable per week to the employee is the statewide     4,883        

average weekly wage as defined in division (C) of section 4123.62  4,884        

of the Revised Code per week and shall continue during the         4,885        

periods provided in the following schedule:                        4,886        

      For the loss of a thumb, sixty weeks.                        4,888        

      For the loss of a first finger, commonly called index        4,890        

finger, thirty-five weeks.                                         4,891        

      For the loss of a second finger, thirty weeks.               4,893        

      For the loss of a third finger, twenty weeks.                4,895        

      For the loss of a fourth finger, commonly known as the       4,897        

little finger, fifteen weeks.                                      4,898        

      The loss of a second, or distal, phalange of the thumb is    4,900        

considered equal to the loss of one half of such thumb; the loss   4,901        

of more than one half of such thumb is considered equal to the     4,902        

loss of the whole thumb.                                           4,903        

      The loss of the third, or distal, phalange of any finger is  4,905        

considered equal to the loss of one-third of the finger.           4,906        

      The loss of the middle, or second, phalange of any finger    4,908        

is considered equal to the loss of two-thirds of the finger.       4,909        

      The loss of more than the middle and distal phalanges of     4,911        

                                                          115    

                                                                 
any finger is considered equal to the loss of the whole finger.    4,912        

In no case shall the amount received for more than one finger      4,913        

exceed the amount provided in this schedule for the loss of a      4,914        

hand.                                                              4,915        

      For the loss of the metacarpal bone (bones of the palm) for  4,917        

the corresponding thumb, or fingers, add ten weeks to the number   4,918        

of weeks under this division.                                      4,919        

      For ankylosis (total stiffness of) or contractures (due to   4,921        

scars or injuries) which makes any of the fingers, thumbs, or      4,922        

parts of either useless, the same number of weeks apply to the     4,923        

members or parts thereof as given for the loss thereof.            4,924        

      If the claimant has suffered the loss of two or more         4,926        

fingers by amputation or ankylosis and the nature of his THE       4,927        

CLAIMANT'S employment in the course of which the claimant was      4,929        

working at the time of the injury or occupational disease is such  4,930        

that the handicap or disability IMPAIRMENT resulting from the      4,931        

loss of fingers, or loss of use of fingers, exceeds the normal     4,933        

handicap or disability IMPAIRMENT resulting from the loss of       4,935        

fingers, or loss of use of fingers, the administrator may take     4,936        

that fact into consideration and increase the award of             4,937        

compensation accordingly, but the award made shall not exceed the  4,938        

amount of compensation for loss of a hand.                         4,939        

      For the loss of a hand, one hundred seventy-five weeks.      4,941        

      For the loss of an arm, two hundred twenty-five weeks.       4,943        

      For the loss of a great toe, thirty weeks.                   4,945        

      For the loss of one of the toes other than the great toe,    4,947        

ten weeks.                                                         4,948        

      The loss of more than two-thirds of any toe is considered    4,950        

equal to the loss of the whole toe.                                4,951        

      The loss of less than two-thirds of any toe is considered    4,953        

no loss, except as to the great toe; the loss of the great toe up  4,954        

to the interphalangeal joint is co-equal to the loss of one-half   4,955        

of the great toe; the loss of the great toe beyond the             4,956        

interphalangeal joint is considered equal to the loss of the       4,957        

                                                          116    

                                                                 
whole great toe.                                                   4,958        

      For the loss of a foot, one hundred fifty weeks.             4,960        

      For the loss of a leg, two hundred weeks.                    4,962        

      For the loss of the sight of an eye, one hundred             4,964        

twenty-five weeks.                                                 4,965        

      For the permanent partial loss of sight of an eye, the       4,967        

portion of one hundred twenty-five weeks as the administrator in   4,968        

each case determines, based upon the percentage of vision          4,969        

actually lost as a result of the injury or occupational disease,   4,970        

but, in no case shall an award of compensation be made for less    4,971        

than twenty-five per cent loss of uncorrected vision.  "Loss of    4,972        

uncorrected vision" means the percentage of vision actually lost   4,973        

as the result of the injury or occupational disease.               4,974        

      For the permanent and total loss of hearing of one ear,      4,976        

twenty-five weeks; but in no case shall an award of compensation   4,977        

be made for less than permanent and total loss of hearing of one   4,978        

ear.                                                               4,979        

      For the permanent and total loss of hearing, one hundred     4,981        

twenty-five weeks; but, except pursuant to the next preceding      4,982        

paragraph, in no case shall an award of compensation be made for   4,983        

less than permanent and total loss of hearing.                     4,984        

      In case an injury or occupational disease results in         4,986        

serious facial or head disfigurement which either impairs or may   4,987        

in the future impair the opportunities to secure or retain         4,988        

employment, the administrator shall make an award of compensation  4,989        

as it THE ADMINISTRATOR deems proper and equitable, in view of     4,990        

the nature of the disfigurement, and not to exceed the sum of      4,992        

five thousand dollars.  For the purpose of making the award, it    4,993        

is not material whether the employee is gainfully employed in any  4,994        

occupation or trade at the time of the administrator's             4,995        

determination.                                                                  

      When an award under this division has been made prior to     4,997        

the death of an employee all unpaid installments accrued or to     4,998        

accrue under the provisions of the award shall be payable to the   4,999        

                                                          117    

                                                                 
surviving spouse, or if there is no surviving spouse, to the       5,000        

dependent children of the employee and if there are no such        5,001        

children, then to such dependents as the administrator             5,002        

determines.                                                        5,003        

      When an employee has sustained the loss of a member by       5,005        

severance, but no award has been made on account thereof prior to  5,006        

his THE EMPLOYEE'S death, the administrator shall make an award    5,007        

in accordance with this division for the loss which shall be       5,009        

payable to the surviving spouse, or if there is no surviving       5,010        

spouse, to the dependent children of the employee and if there     5,011        

are no such children, then to such dependents as the               5,012        

administrator determines.                                          5,013        

      (C)  Compensation for partial disability IMPAIRMENT under    5,015        

divisions (A) and (B) of this section is in addition to the        5,017        

compensation paid the employee pursuant to section 4123.56 of the  5,018        

Revised Code.  A claimant may receive compensation under           5,019        

divisions (A) and (B) of this section.  NO EMPLOYEE MAY RECEIVE    5,020        

COMPENSATION UNDER DIVISION (A) OF THIS SECTION OR RECEIVE A       5,022        

MEDICAL EXAMINATION PROVIDED FOR BY THIS SECTION DURING THE TIME   5,023        

IN WHICH THAT EMPLOYEE IS RECEIVING COMPENSATION UNDER SECTION                  

4123.58 OF THE REVISED CODE IN ANY CLAIM OR IS RECEIVING           5,026        

COMPENSATION UNDER SECTION 4123.56 OF THE REVISED CODE ON THE      5,028        

SAME CLAIM IN WHICH THE EMPLOYEE IS SEEKING COMPENSATION UNDER     5,029        

THIS SECTION.  THE EMPLOYEE SHALL LIST ON THE APPLICATION          5,030        

SPECIFIED IN DIVISIONS (A)(1) AND (2) OF THIS SECTION THE CLAIM    5,031        

NUMBERS OF ALL OTHER CLAIMS FOR WHICH THE EMPLOYEE IS A CLAIMANT.  5,032        

      In all cases arising under division (B) of this section, if  5,034        

it is determined by any one of the following:  (1) the amputee     5,035        

clinic at University hospital, Ohio state university; (2) the      5,036        

rehabilitation services commission; (3) an amputee clinic or       5,037        

prescribing physician approved by the administrator or his THE     5,038        

ADMINISTRATOR'S designee, that an injured or disabled IMPAIRED     5,040        

employee is in need of an artificial appliance, or in need of a    5,042        

repair thereof, regardless of whether the appliance or its repair  5,043        

                                                          118    

                                                                 
will be serviceable in the vocational rehabilitation of the        5,044        

injured employee, and regardless of whether the employee has       5,045        

returned to or can ever again return to any gainful employment,    5,046        

the bureau shall pay the cost of the artificial appliance or its   5,047        

repair out of the surplus created by division (B) of section       5,048        

4123.34 of the Revised Code.                                                    

      In those cases where a rehabilitation services commission    5,050        

recommendation that an injured or disabled IMPAIRED employee is    5,051        

in need of an artificial appliance would conflict with their       5,053        

state plan, adopted pursuant to the "Rehabilitation Act of 1973,"  5,054        

87 Stat. 355, 29 U.S.C.A. 701, the administrator or his THE        5,055        

ADMINISTRATOR'S designee or the bureau may obtain a                5,057        

recommendation from an amputee clinic or prescribing physician     5,058        

that they determine appropriate.                                                

      (D)  If an employee of a state fund employer makes           5,060        

application for a finding and the administrator finds that he has  5,062        

IS FOUND TO HAVE contracted silicosis as defined in division (X),  5,063        

or coal miners' pneumoconiosis as defined in division (Y), or      5,064        

asbestosis as defined in division (AA) of section 4123.68 of the   5,065        

Revised Code, and IT IS FOUND that a change of such employee's     5,066        

occupation is medically advisable in order to decrease             5,068        

substantially further exposure to silica dust, asbestos, or coal   5,069        

dust and if the employee, after the finding, has changed or shall  5,070        

change his THE EMPLOYEE'S occupation to an occupation in which     5,072        

the exposure to silica dust, asbestos, or coal dust is             5,073        

substantially decreased, the administrator shall allow to the      5,074        

employee SHALL RECEIVE an amount equal to fifty per cent of the    5,075        

statewide average weekly wage per week for a period of thirty      5,076        

weeks, commencing as of the date of the discontinuance or change,  5,077        

and for a period of one hundred weeks immediately following the    5,078        

expiration of the period of thirty weeks the administrator shall   5,079        

allow, the employee SHALL RECEIVE sixty-six and two-thirds per     5,081        

cent of the loss of wages resulting directly and solely from the   5,082        

change of occupation but not to exceed a maximum of an amount      5,083        

                                                          119    

                                                                 
equal to fifty per cent of the statewide average weekly wage per   5,084        

week.  No such employee is entitled to receive more than one       5,085        

allowance on account of discontinuance of employment or change of  5,086        

occupation and benefits shall cease for any period during which    5,087        

the employee is employed in an occupation in which the exposure    5,088        

to silica dust, asbestos, or coal dust is not substantially less   5,089        

than the exposure in the occupation in which he THE EMPLOYEE was   5,090        

formerly employed or for any period during which the employee may  5,092        

be entitled to receive compensation or benefits under section      5,093        

4123.68 of the Revised Code on account of disability from          5,094        

silicosis, asbestosis, or coal miners' pneumoconiosis.  An award   5,095        

for change of occupation for a coal miner who has contracted coal  5,096        

miners' pneumoconiosis may be granted under this division even     5,097        

though he THE COAL MINER continues his employment with the same    5,099        

employer, so long as his THE COAL MINER'S employment subsequent    5,101        

to the change is such that his THE COAL MINER'S exposure to coal   5,103        

dust is substantially decreased and a change of occupation is      5,104        

certified by the claimant as permanent.  The administrator may                  

accord to the employee medical MEDICAL and other benefits SHALL    5,105        

BE PAID TO THE EMPLOYEE in accordance with section 4123.66 of the  5,107        

Revised Code.                                                                   

      (E)  If a fire fighter FIREFIGHTER or police officer makes   5,109        

application for a finding and the administrator finds that he THE  5,111        

FIREFIGHTER OR POLICE OFFICER has contracted a cardiovascular and  5,113        

pulmonary disease as defined in division (W) of section 4123.68    5,114        

of the Revised Code, and that a change of the fire fighter's       5,115        

FIREFIGHTER'S or police officer's occupation is medically          5,116        

advisable in order to decrease substantially further exposure to   5,117        

smoke, toxic gases, chemical fumes, and other toxic vapors, and    5,118        

if the fire fighter FIREFIGHTER, or police officer, after the      5,119        

finding, has changed or changes his occupation to an occupation    5,121        

in which the exposure to smoke, toxic gases, chemical fumes, and   5,122        

other toxic vapors is substantially decreased, the administrator   5,123        

shall allow to the fire fighter FIREFIGHTER or police officer an   5,124        

                                                          120    

                                                                 
amount equal to fifty per cent of the statewide average weekly     5,126        

wage per week for a period of thirty weeks, commencing as of the   5,127        

date of the discontinuance or change, and for a period of          5,128        

seventy-five weeks immediately following the expiration of the     5,129        

period of thirty weeks the administrator shall allow the fire      5,130        

fighter FIREFIGHTER or police officer sixty-six and two-thirds     5,132        

per cent of the loss of wages resulting directly and solely from   5,133        

the change of occupation but not to exceed a maximum of an amount  5,134        

equal to fifty per cent of the statewide average weekly wage per   5,135        

week.  No such fire fighter FIREFIGHTER or police officer is       5,137        

entitled to receive more than one allowance on account of          5,138        

discontinuance of employment or change of occupation and benefits  5,139        

shall cease for any period during which the fire fighter           5,140        

FIREFIGHTER or police officer is employed in an occupation in      5,142        

which the exposure to smoke, toxic gases, chemical fumes, and                   

other toxic vapors is not substantially less than the exposure in  5,143        

the occupation in which he THE FIREFIGHTER OR POLICE OFFICER was   5,144        

formerly employed or for any period during which the fire fighter  5,146        

FIREFIGHTER or police officer may be entitled to receive           5,148        

compensation or benefits under section 4123.68 of the Revised      5,149        

Code on account of disability from a cardiovascular and pulmonary  5,150        

disease.  The administrator may accord to the fire fighter         5,151        

FIREFIGHTER or police officer medical and other benefits in        5,153        

accordance with section 4123.66 of the Revised Code.                            

      (F)  An order issued under DIVISION (B), (D), OR (E) OF      5,156        

this section is appealable pursuant to section 4123.511 of the     5,157        

Revised Code but is not appealable to court under section          5,158        

4123.512 of the Revised Code.                                                   

      Sec. 4123.58.  (A)  In cases of permanent total disability   5,167        

IMPAIRMENT, the employee shall receive an award to continue until  5,169        

his death in the amount of sixty-six and two-thirds per cent of    5,170        

his THE EMPLOYEE'S average weekly wage, but, except as otherwise   5,172        

provided in division (B) of this section, not more than a maximum  5,173        

amount of weekly compensation which is equal to sixty-six and      5,174        

                                                          121    

                                                                 
two-thirds per cent of the statewide average weekly wage as        5,175        

defined in division (C) of section 4123.62 of the Revised Code,    5,176        

nor not less than a minimum amount of weekly compensation which    5,177        

is equal to fifty per cent of the statewide average weekly wage    5,178        

as defined in division (C) of section 4123.62 of the Revised       5,179        

Code, unless the employee's average weekly wage is less than       5,180        

fifty per cent of the statewide average weekly wage at the time    5,181        

of the injury, in which event he THE EMPLOYEE shall receive        5,182        

compensation in an amount equal to his THE EMPLOYEE'S average      5,183        

weekly wage.  PERMANENT TOTAL IMPAIRMENT MEANS THAT THE PHYSICAL   5,184        

OR MENTAL LIMITATIONS THAT DIRECTLY RESULT FROM THE ALLOWED        5,185        

CONDITIONS IN THE EMPLOYEE'S CLAIM OR CLAIMS PREVENT THE EMPLOYEE  5,186        

FROM ENGAGING IN SUSTAINED REMUNERATIVE EMPLOYMENT.  A STAFF       5,187        

HEARING OFFICER MAY CONSIDER AN EMPLOYEE'S AGE IN DETERMINING      5,189        

WHETHER THE EMPLOYEE IS PREVENTED FROM ENGAGING IN SUSTAINED       5,190        

REMUNERATIVE EMPLOYMENT OR FROM ACQUIRING THE CAPACITY TO ENGAGE   5,191        

IN SUSTAINED REMUNERATIVE EMPLOYMENT THROUGH TRAINING,                          

REHABILITATION, EDUCATION, OR OTHER SIMILAR EFFORTS, SUBJECT TO    5,192        

BOTH OF THE FOLLOWING:                                             5,193        

      (1)  AN EMPLOYEE IS NOT ENTITLED TO COMPENSATION FOR         5,195        

PERMANENT TOTAL IMPAIRMENT WHEN THE EMPLOYEE'S AGE IS THE PRIMARY  5,197        

REASON THAT THE EMPLOYEE IS PREVENTED FROM ENGAGING IN OR FROM     5,198        

ACQUIRING THE CAPACITY TO ENGAGE IN SUSTAINED REMUNERATIVE         5,199        

EMPLOYMENT;                                                                     

      (2)  A STAFF HEARING OFFICER MAY DETERMINE WHETHER AN        5,201        

EMPLOYEE IS ENTITLED TO COMPENSATION FOR PERMANENT TOTAL           5,202        

IMPAIRMENT WHEN THE EMPLOYEE'S AGE IS A REASON, BUT NOT THE        5,204        

PRIMARY REASON, THAT THE EMPLOYEE IS PREVENTED FROM ENGAGING IN    5,205        

OR FROM ACQUIRING THE CAPACITY TO ENGAGE IN SUSTAINED                           

REMUNERATIVE EMPLOYMENT.                                           5,206        

      (B)  In the event the weekly workers' compensation amount    5,208        

when combined with disability benefits received pursuant to the    5,209        

Social Security Act is less than the statewide average weekly      5,210        

wage as defined in division (C) of section 4123.62 of the Revised  5,211        

                                                          122    

                                                                 
Code, then the maximum amount of weekly compensation shall be the  5,212        

statewide average weekly wage as defined in division (C) of        5,213        

section 4123.62 of the Revised Code.  At any time that social      5,214        

security disability benefits terminate or are reduced, the         5,215        

workers' compensation award shall be recomputed to pay the         5,216        

maximum amount permitted under this division.                      5,217        

      (C)  The loss or loss of use of both hands or both arms, or  5,219        

both feet or both legs, or both eyes, or of any two thereof,       5,220        

constitutes total and permanent disability IMPAIRMENT, to be       5,221        

compensated according to this section.  Compensation payable       5,223        

under this section for permanent total disability IMPAIRMENT is    5,224        

in addition to benefits payable under division (B) of section      5,226        

4123.57 of the Revised Code.                                       5,227        

      Sec. 4123.59.  In case an injury to or an occupational       5,236        

disease contracted by an employee causes his THE EMPLOYEE'S        5,237        

death, benefits shall be in the amount and to the persons          5,239        

following:                                                                      

      (A)  If there are no dependents, the disbursements from the  5,241        

state insurance fund is limited to the expenses provided for in    5,242        

section 4123.66 of the Revised Code.                               5,243        

      (B)  If there are wholly dependent persons at the time of    5,245        

the death, the weekly payment is sixty-six and two-thirds per      5,246        

cent of the average weekly wage, but not to exceed a maximum       5,247        

aggregate amount of weekly compensation which is equal to          5,248        

sixty-six and two-thirds per cent of the statewide average weekly  5,249        

wage as defined in division (C) of section 4123.62 of the Revised  5,250        

Code, and not in any event less than a minimum amount of weekly    5,251        

compensation which is equal to fifty per cent of the statewide     5,252        

average weekly wage as defined in division (C) of section 4123.62  5,253        

of the Revised Code, regardless of the average weekly wage;        5,254        

provided however, that if the death is due to injury received or   5,255        

occupational disease first diagnosed after January 1, 1976, the    5,256        

weekly payment is sixty-six and two-thirds per cent of the         5,257        

average weekly wage but not to exceed a maximum aggregate amount   5,258        

                                                          123    

                                                                 
of weekly compensation which is equal to the statewide average     5,259        

weekly wage as defined in division (C) of section 4123.62 of the   5,260        

Revised Code; provided that when any claimant is receiving total   5,261        

disability OR IMPAIRMENT compensation at the time of death the     5,262        

wholly dependent person is eligible for the maximum compensation   5,264        

provided for in this section. Where there is more than one person  5,265        

who is wholly dependent at the time of the death of the employee,  5,266        

the administrator of workers' compensation shall promptly          5,267        

apportion the weekly amount of compensation payable under this     5,268        

section among the dependent persons as provided in division (D)    5,269        

of this section.                                                   5,270        

      (1)  The payment as provided in this section shall continue  5,272        

from the date of death of an injured, IMPAIRED, or disabled        5,274        

employee until the death or remarriage of such dependent spouse.   5,276        

If the dependent spouse remarries, an amount equal to two years    5,277        

of compensation benefits at the weekly amount determined to be     5,278        

applicable to and being paid to the dependent spouse shall be      5,279        

paid in a lump sum to such spouse and no further compensation      5,280        

shall be paid to such spouse.                                      5,281        

      (2)  That portion of the payment provided in division (B)    5,283        

of this section applicable to wholly dependent persons other than  5,284        

a spouse shall continue from the date of death of an injured,      5,285        

IMPAIRED, or disabled employee to a dependent as of the date of    5,287        

death, other than a spouse, at the weekly amount determined to be  5,288        

applicable and being paid to such dependent other than a spouse,   5,289        

until he THE DEPENDENT:                                            5,290        

      (a)  Reaches eighteen years of age;                          5,292        

      (b)  If pursuing a full time educational program while       5,294        

enrolled in an accredited educational institution and program,     5,295        

reaches twenty-five years of age;                                  5,296        

      (c)  If mentally or physically incapacitated from having     5,298        

any earnings, is no longer so incapacitated.                       5,299        

      (C)  If there are partly dependent persons at the time of    5,301        

the death the weekly payment is sixty-six and two-thirds per cent  5,302        

                                                          124    

                                                                 
of the employee's average weekly wage, not to exceed sixty-six     5,303        

and two-thirds per cent of the statewide average weekly wage as    5,304        

defined in division (C) of section 4123.62 of the Revised Code,    5,305        

and shall continue for such time as the administrator in each      5,306        

case determines.                                                   5,307        

      (D)  The following persons are presumed to be wholly         5,309        

dependent for their support upon a deceased employee:              5,310        

      (1)  A surviving spouse who was living with the employee at  5,312        

the time of death or a surviving spouse who was separated from     5,313        

the employee at the time of death because of the aggression of     5,314        

the employee;                                                      5,315        

      (2)  A child under the age of eighteen years, or             5,317        

twenty-five years if pursuing a full-time educational program      5,318        

while enrolled in an accredited educational institution and        5,319        

program, or over said THAT age if physically or mentally           5,320        

incapacitated from earning, upon only the one parent who is        5,322        

contributing more than one-half of the support for such child and  5,323        

with whom he THAT CHILD is living at the time of the death of      5,325        

such parent, or for whose maintenance such parent was legally      5,326        

liable at the time of his THE PARENT'S death.                      5,328        

      It is presumed that there is sufficient dependency to        5,330        

entitle a surviving natural parent or surviving natural parents,   5,331        

share and share alike, with whom the decedent was living at the    5,332        

time of his death, to a total minimum award of three AT LEAST      5,333        

FIVE thousand dollars.                                             5,334        

      The administrator may take into consideration any            5,336        

circumstances which, at the time of the death of the decedent,     5,337        

clearly indicate prospective dependency on the part of the         5,338        

claimant and potential support on the part of the decedent.  No    5,339        

person shall be considered a prospective dependent unless such     5,340        

person is a member of the family of the deceased employee and      5,341        

bears to him THE DECEDENT the relation of surviving spouse,        5,342        

lineal descendant, ancestor, or brother, or sister.  The total     5,344        

award for any or all prospective dependency to all such            5,345        

                                                          125    

                                                                 
claimants, except to a natural parent or natural parents of the    5,346        

deceased, shall not exceed three FIVE thousand dollars to be       5,347        

apportioned among them as the administrator orders.                5,348        

      In all other cases, the question of dependency, in whole or  5,350        

in part, shall be determined in accordance with the facts in each  5,351        

particular case existing at the time of the injury resulting in    5,352        

the death of such employee, but no person shall be considered as   5,353        

dependent unless such person is a member of the family of the      5,354        

deceased employee, or bears to him THE DECEDENT the relation of    5,355        

surviving spouse, lineal descendant, ancestor, or brother, or      5,357        

sister.                                                                         

      (E)  An order issued by the administrator under this         5,359        

section is appealable pursuant to sections 4123.511 to 4123.512    5,360        

of the Revised Code.                                               5,361        

      Sec. 4123.60.  (A)  Benefits in case of death shall be paid  5,370        

to such one or more of the dependents of the decedent, for the     5,371        

benefit of all the dependents as the administrator of workers'     5,372        

compensation determines.  The administrator may apportion the      5,373        

benefits among the dependents in such manner as he THE             5,374        

ADMINISTRATOR deems just and equitable.  Payment to a dependent    5,376        

subsequent in right may be made, if the administrator deems it     5,377        

proper, and operates to discharge all other claims therefor.  The  5,378        

dependents or person to whom benefits are paid shall apply the     5,379        

same to the use of the several beneficiaries thereof according to  5,380        

their respective claims upon the decedent for support, in          5,381        

compliance with the finding and direction of the administrator.    5,382        

      In all cases of death where the dependents are a surviving   5,384        

spouse and one or more children, it is sufficient for the          5,385        

surviving spouse to apply to the administrator on behalf of the    5,386        

spouse and minor children.  In cases where all the dependents are  5,387        

minors, a guardian or next friend of such minor dependents shall   5,388        

apply.                                                             5,389        

      In all cases where an award had been made on account of      5,391        

temporary DISABILITY, or permanent partial IMPAIRMENT, or total    5,393        

                                                          126    

                                                                 
disability OR IMPAIRMENT, in which there remains an unpaid         5,395        

balance, representing payments accrued and due to the decedent at  5,396        

the time of his death, the administrator may, after satisfactory   5,397        

proof has been made warranting such action, MAY award or pay any   5,398        

unpaid balance of such award to such of the dependents of the      5,399        

decedent, or for services rendered on account of the last illness  5,400        

or death of such THAT decedent, as the administrator determines    5,401        

in accordance with the circumstances in each such case.  If the    5,402        

decedent would have been lawfully entitled to have applied for an  5,403        

award at the time of his death, the administrator may, after       5,404        

satisfactory proof to warrant an award and payment, MAY award and  5,406        

pay an amount, not exceeding the compensation which the decedent   5,407        

might have received, but for his THE DECEDENT'S death, for the     5,409        

period prior to the date of his death, to such of the dependents   5,410        

of the decedent, or for services rendered on account of the last   5,411        

illness or death of such decedent, as the administrator            5,412        

determines in accordance with the circumstances in each such       5,413        

case, but such payments may be made only in cases in which         5,414        

application for compensation was made in the manner required by    5,415        

this chapter, during the lifetime of such injured, IMPAIRED, or    5,416        

disabled person, or within one year after the death of such THAT   5,417        

injured, IMPAIRED, or disabled person.                             5,418        

      An order issued by the administrator under this section      5,420        

DIVISION is appealable pursuant to section 4123.511 of the         5,422        

Revised Code but is not appealable to court under section          5,423        

4123.512 of the Revised Code.                                      5,424        

      (B)  THE DEATH OF A CLAIMANT WHO IS ENTITLED TO PAYMENT      5,426        

UNDER A SETTLEMENT AGREED TO AND EFFECTIVE IN ACCORDANCE WITH      5,427        

SECTION 4123.65 OF THE REVISED CODE DOES NOT ABATE THAT            5,428        

SETTLEMENT.  PAYMENT OF THAT SETTLEMENT SHALL BE MADE TO THE       5,429        

DEPENDENTS OF THE DECEDENT OR, IF THERE ARE NO DEPENDENTS, TO THE               

CLAIMANT'S ESTATE.                                                 5,430        

      Sec. 4123.61.  The average weekly wage of an injured         5,439        

employee at the time of the injury or at the time disability due   5,441        

                                                          127    

                                                                 
to the occupational disease begins is the basis upon which to                   

compute benefits.  FOR OCCUPATIONAL DISEASE CLAIMS, THE AVERAGE    5,442        

WEEKLY WAGE AT THE DATE OF DISEASE IS THE BASIS UPON WHICH TO      5,444        

COMPUTE BENEFITS.                                                               

      In cases of temporary total disability the compensation for  5,446        

the first twelve weeks for which compensation is payable shall be  5,447        

based on the full weekly wage of the claimant at the time of the   5,448        

injury or at the time disability due to occupational DATE OF       5,449        

disease begins; when a factory, mine, or other place of            5,451        

employment is working short time in order to divide work among     5,452        

the employees, the bureau of workers' compensation shall take      5,453        

that fact into consideration when determining the wage for the     5,454        

first twelve weeks of temporary total disability.                  5,455        

      Compensation for all further temporary total disability      5,457        

shall be based as provided for permanent disability IMPAIRMENT     5,458        

claims.                                                            5,459        

      In death, permanent total disability IMPAIRMENT CLAIMS,      5,461        

permanent partial disability IMPAIRMENT claims, and impairment of  5,464        

earnings claims, the claimant's or the decedent's average weekly   5,466        

wage for the year preceding the injury or AT the date the          5,467        

disability due to the occupational OF disease begins is the        5,468        

weekly wage upon which compensation shall be based.  In            5,470        

ascertaining the average weekly wage for the year previous to the  5,471        

injury, or the date the disability due to the occupational OF      5,472        

disease begins, any period of unemployment due to sickness,        5,474        

industrial depression, strike, lockout, or other cause beyond the  5,475        

employee's control shall be eliminated.                            5,476        

      In cases where there are special circumstances under which   5,478        

the average weekly wage cannot justly be determined by applying    5,479        

this section, the administrator of workers' compensation, in       5,480        

determining the average weekly wage in such cases, shall use such  5,481        

method as will enable him THE ADMINISTRATOR to do substantial      5,482        

justice to the claimants, PROVIDED THAT THE ADMINISTRATOR SHALL    5,484        

NOT ADJUST THE AVERAGE WEEKLY WAGE FOR OR COMPENSATION AWARDED TO  5,485        

                                                          128    

                                                                 
A CLAIMANT PURSUANT TO THIS CHAPTER FOR ANY PERIOD OF TIME IN                   

WHICH THE CLAIMANT IS ENROLLED AS A FULL- OR PART-TIME STUDENT IN  5,486        

A PUBLIC OR PRIVATE COLLEGE OR UNIVERSITY, INCLUDING A TECHNICAL   5,487        

COLLEGE CREATED PURSUANT TO CHAPTER 3357. OF THE REVISED CODE OR   5,490        

A COMMUNITY COLLEGE AS DEFINED IN SECTION 3354.01 OF THE REVISED   5,491        

CODE.                                                                           

      A DETERMINATION MADE BY THE ADMINISTRATOR UNDER THIS         5,493        

SECTION IS APPEALABLE PURSUANT TO SECTION 4123.511 OF THE REVISED  5,494        

CODE, BUT IT IS NOT APPEALABLE TO COURT UNDER SECTION 4123.512 OF  5,495        

THE REVISED CODE.                                                               

      AS USED IN THIS SECTION, "DATE OF DISEASE" MEANS THE DATE    5,497        

AN OCCUPATIONAL DISEASE IS FIRST DIAGNOSED BY A LICENSED           5,498        

PHYSICIAN, OR FOR AN OCCUPATIONAL DISEASE DESCRIBED IN DIVISIONS   5,499        

(A) THROUGH (AA) OF SECTION 4123.68 OF THE REVISED CODE OR OTHER   5,503        

OCCUPATIONAL DISEASE THAT RESULTS FROM EXPOSURE TO                              

FIBROSIS-PRODUCING OR TOXIC DUSTS, FUMES, MISTS, VAPORS, GASES,    5,504        

OR LIQUIDS, OR OTHER TOXIC MATERIALS, OR A COMBINATION OF THOSE,   5,505        

THE DATE THAT THE CLAIMANT FIRST MISSES WORK AS A RESULT OF THE    5,506        

OCCUPATIONAL DISEASE.                                                           

      Sec. 4123.62.  (A)  If it is established that an injured,    5,515        

IMPAIRED, or disabled employee was of such age and experience      5,517        

when injured, IMPAIRED, or disabled as that under natural          5,519        

conditions his THE EMPLOYEE'S wages would be expected to           5,521        

increase, the administrator of workers' compensation may consider  5,522        

that fact in arriving at his THE EMPLOYEE'S average weekly wage,   5,523        

EXCEPT THAT THE ADMINISTRATOR SHALL NOT ADJUST THE AVERAGE WEEKLY  5,524        

WAGE OR COMPENSATION AWARDED TO AN EMPLOYEE PURSUANT TO THIS       5,525        

CHAPTER FOR ANY PERIOD OF TIME IN WHICH THE EMPLOYEE IS ENROLLED   5,526        

AS A FULL- OR PART-TIME STUDENT IN A PUBLIC OR PRIVATE COLLEGE OR  5,527        

UNIVERSITY, INCLUDING A TECHNICAL COLLEGE CREATED PURSUANT TO      5,528        

CHAPTER 3357. OF THE REVISED CODE OR A COMMUNITY COLLEGE AS        5,529        

DEFINED IN SECTION 3354.01 OF THE REVISED CODE.                    5,531        

      (B)  On each first day of January, the current maximum       5,533        

monthly benefit amounts provided in sections 4123.412, 4123.413,   5,534        

                                                          129    

                                                                 
and 4123.414 of the Revised Code in injury cases shall be          5,535        

adjusted based on the United States department of labor's          5,536        

national consumer price index.  The percentage increase in the     5,537        

cost of living using the index figure for the first day of         5,538        

September of the preceding year and the first day of September of  5,539        

the year preceding that year shall be applied to the maximums in   5,540        

effect on the preceding thirty-first day of December to obtain     5,541        

the increase in the cost of living during that year.               5,542        

      In determining the increase in the maximum benefits for any  5,544        

year after 1972, the base shall be the national consumer price     5,545        

index on the first day of September of the preceding year.  The    5,546        

increase in the index for the applicable twelve-month period       5,547        

shall be determined and shall be divided by the base used.  The    5,548        

resulting percentage shall be applied to the existing maximums to  5,549        

arrive at the new maximums.                                        5,550        

      (C)  Effective January 1, 1974, and each first day of        5,552        

January thereafter, the current maximum weekly benefit amounts     5,553        

provided in sections 4123.56, 4123.58, and 4123.59, and division   5,554        

(B) of section 4123.57 of the Revised Code shall be adjusted       5,555        

based on the increase or decrease in the statewide average weekly  5,556        

wage.                                                              5,557        

      "Statewide average weekly wage" means the average weekly     5,559        

earnings of all workers in Ohio employment subject to Chapter      5,560        

4141. of the Revised Code as determined as of the first day of     5,561        

September for the four full calendar quarters preceding the first  5,562        

day of July of each year, by the administrator of the bureau of    5,563        

employment services.                                               5,564        

      The statewide average weekly wage to be used for the         5,566        

determination of compensation for any employee who sustains an     5,567        

injury, or death WHO DIES, or who contracts an occupational        5,569        

disease WITH A DATE OF DISEASE THAT ARISES during the subsequent   5,570        

calendar year beginning with the first day of January, shall be    5,571        

the statewide average weekly wage so determined as of the prior    5,572        

first day of September adjusted to the next higher even multiple   5,573        

                                                          130    

                                                                 
of one dollar.                                                                  

      Any change in benefit amounts is effective with respect to   5,575        

injuries sustained, occupational diseases contracted, and deaths   5,577        

occurring during the calendar year for which adjustment is made.   5,578        

      In determining the change in the maximum benefits for any    5,580        

year after 1978, the base shall be the statewide average weekly    5,581        

wage on the first day of September of the preceding year.          5,582        

      AS USED IN THIS DIVISION, "DATE OF DISEASE" MEANS THE DATE   5,584        

AN OCCUPATIONAL DISEASE IS FIRST DIAGNOSED BY A LICENSED           5,585        

PHYSICIAN, OR FOR AN OCCUPATIONAL DISEASE DESCRIBED IN DIVISIONS   5,586        

(A) THROUGH (AA) OF SECTION 4123.68 OF THE REVISED CODE, OR OTHER  5,590        

OCCUPATIONAL DISEASE THAT RESULTS FROM EXPOSURE TO                              

FIBROSIS-PRODUCING OR TOXIC DUSTS, FUMES, MISTS, VAPORS, GASES,    5,591        

OR LIQUIDS, OR OTHER TOXIC MATERIALS, OR A COMBINATION OF THOSE,   5,592        

THE DATE THAT THE EMPLOYEE FIRST MISSES WORK AS A RESULT OF THE    5,593        

OCCUPATIONAL DISEASE.                                                           

      Sec. 4123.64.  (A)  The administrator of workers'            5,602        

compensation, under special circumstances, and when the same is    5,603        

deemed advisable for the purpose of rendering the injured,         5,604        

IMPAIRED, or disabled employee financial relief or for the         5,606        

purpose of furthering his THE EMPLOYEE'S rehabilitation, may       5,607        

commute payments of compensation or benefits to one or more        5,609        

lump-sum payments.                                                              

      (B)  The administrator shall adopt rules which set forth     5,611        

the policy for awarding lump sum payments.  The rules shall:       5,612        

      (1)  Enumerate the allowable purposes for payments and the   5,614        

conditions for making such awards;                                 5,615        

      (2)  Enumerate the maximum reduction in compensation         5,617        

allowable;                                                         5,618        

      (3)  Enumerate the documentation necessary to award a        5,620        

lump-sum payment;                                                  5,621        

      (4)  Require that all checks include the claimant as a       5,623        

payee, except where the check is for the payment of attorney's     5,624        

fees in accordance with section 4123.06 of the Revised Code, in    5,625        

                                                          131    

                                                                 
which case the attorney shall be named as the only payee on the    5,626        

check;                                                             5,627        

      (5)  Require a fully completed and current application       5,629        

including notary and seal; and                                     5,630        

      (6)  Specify procedures to make a claimant aware of the      5,632        

reduction in amount of compensation which will occur.              5,633        

      (C)  An order of the administrator issued under this         5,635        

section is appealable pursuant to section 4123.551 of the Revised  5,636        

Code but is not appealable to court under section 4123.512 of the  5,637        

Revised Code.                                                      5,638        

      Sec. 4123.65.  (A)  A state fund employer or the employee    5,647        

of such an employer may file an application with the               5,648        

administrator of workers' compensation for approval of a final     5,649        

settlement of a claim under this chapter.  The application shall   5,650        

include the settlement agreement, AND EXCEPT AS OTHERWISE          5,651        

PROVIDED IN THIS DIVISION, be signed by the claimant and           5,652        

employer, and clearly set forth the circumstances by reason of     5,653        

which the proposed settlement is deemed desirable and that the     5,654        

parties agree to the terms of the settlement agreement provided    5,655        

that the.  A CLAIMANT MAY FILE AN APPLICATION FOR AN AGREEMENT     5,657        

WITHOUT AN EMPLOYER'S SIGNATURE.  IF A CLAIMANT FILES AN           5,658        

AGREEMENT WITHOUT AN EMPLOYER'S SIGNATURE, AND THE EMPLOYER STILL  5,659        

IS DOING BUSINESS IN THIS STATE, THE ADMINISTRATOR SHALL SEND      5,660        

WRITTEN NOTICE OF THE APPLICATION TO THE EMPLOYER IMMEDIATELY      5,661        

UPON RECEIPT OF THE APPLICATION, AND A SECOND WRITTEN NOTICE                    

WITHIN FORTY-FIVE DAYS AFTER THE FIRST NOTICE IS SENT, IF THE      5,662        

EMPLOYER DOES NOT RESPOND TO THE FIRST NOTICE.  IF THE EMPLOYER    5,663        

FAILS TO RESPOND TO THE NOTICE WITHIN SIXTY DAYS AFTER RECEIPT OF  5,665        

THE NOTICE, OR IF THE CLAIM THAT IS THE SUBJECT OF THE AGREEMENT                

NO LONGER REMAINS IN THE ACCIDENT OR OCCUPATIONAL DISEASE          5,666        

EXPERIENCE OF THE EMPLOYER, THE AGREEMENT NEED NOT CONTAIN THE     5,667        

EMPLOYER'S SIGNATURE.  AN agreement need not be signed by the AN   5,668        

employer if the employer WHO is no longer doing business in Ohio   5,670        

THIS STATE.  If a state fund employer or an employee of such an    5,672        

                                                          132    

                                                                 
employer has not filed an application for a final settlement       5,673        

under this division, the administrator may file an application on  5,674        

behalf of the employer or the employee, provided that the          5,675        

administrator gives notice of the filing to the employer and the   5,676        

employee and to the representative of record of the employer and   5,677        

of the employee immediately upon the filing.  An application       5,678        

filed by the administrator shall contain all of the information    5,679        

and signatures required of an employer or an employee who files    5,680        

an application under this division.  Every self-insuring employer  5,681        

that enters into a final settlement agreement with an employee     5,682        

shall mail, within seven days of executing the agreement, a copy   5,683        

of the agreement to the administrator and the employee's           5,684        

representative. The administrator shall place the agreement into   5,685        

the claimant's file.                                               5,686        

      (B)  Except as provided in divisions (C) and (D) of this     5,688        

section, a settlement agreed to under this section is binding      5,689        

upon all parties thereto and as to items, injuries, and            5,690        

occupational diseases to which the settlement applies.             5,691        

      (C)  No settlement agreed to under division (A) of this      5,693        

section or agreed to by a self-insuring employer and the           5,694        

self-insuring employer's employee shall take effect until thirty   5,695        

days after the administrator approves the settlement for state     5,696        

fund employees and employers, or after the self-insuring employer  5,697        

and employee sign the final settlement agreement.  During the      5,698        

thirty-day period, the employer, employee, or administrator, for   5,699        

state fund settlements, and the employer or employee, for          5,700        

self-insuring settlements, may withdraw consent to OR MAY OBJECT   5,701        

TO the settlement by an employer providing written notice to the   5,703        

employer's employee and the administrator or by an employee        5,705        

providing written notice to the employee's employer and the        5,706        

administrator, or by the administrator providing written notice                 

to the state fund employer and employee.                           5,707        

      (D)  At the time of agreement to any final settlement        5,709        

agreement under division (A) of this section or agreement between  5,710        

                                                          133    

                                                                 
a self-insuring employer and the self-insuring employer's          5,711        

employee, IN CASES IN WHICH ONE OR MORE PARTIES TO THE AGREEMENT   5,712        

ARE UNREPRESENTED, the administrator, for state fund settlements,  5,713        

and the self-insuring employer, for self-insuring settlements,     5,715        

immediately shall send a copy of the agreement to the industrial   5,716        

commission who shall assign the matter to a staff hearing          5,717        

officer.  The staff hearing officer shall determine, within the    5,718        

time limitations specified in division (C) of this section,        5,719        

whether the settlement agreement is or is not a gross miscarriage  5,720        

of justice CLEARLY UNFAIR.  If the staff hearing officer           5,722        

determines within that time period that the settlement agreement   5,723        

is clearly unfair, the staff hearing officer shall issue an order               

disapproving the settlement agreement.  If the staff hearing       5,725        

officer determines that the settlement agreement is not clearly    5,726        

unfair or fails to act within those time limits, the settlement                 

agreement is approved.                                             5,727        

      (E)  A settlement entered into under this section may        5,729        

pertain to one or more claims of a claimant, or one or more parts  5,730        

of a claim, or the compensation or benefits pertaining to either,  5,731        

or any combination thereof, provided that nothing in this section  5,732        

shall be interpreted to require a claimant to enter into a         5,733        

settlement agreement for every claim that has been filed with the  5,734        

bureau of workers' compensation by that claimant under Chapter     5,735        

4121., 4123., 4127., or 4131. of the Revised Code.                 5,736        

      (F)  A settlement entered into under this section is not     5,738        

appealable under section 4123.511 or 4123.512 of the Revised       5,739        

Code.                                                              5,740        

      (G)  FOR PURPOSES OF DETERMINING WHETHER A PARTY IS          5,742        

UNREPRESENTED AS SPECIFIED IN DIVISION (D) OF THIS SECTION, A      5,744        

PARTY IS CONSIDERED REPRESENTED ONLY IF THE PARTY HAS THE          5,745        

SERVICES OF ONE OF THE FOLLOWING PERSONS:                          5,746        

      (1)  AN ATTORNEY ADMITTED TO THE PRACTICE OF LAW IN THIS     5,748        

STATE;                                                                          

      (2)  A DULY AUTHORIZED REPRESENTATIVE OF AN EMPLOYEE         5,750        

                                                          134    

                                                                 
ORGANIZATION RECOGNIZED BY THE EMPLOYER FOR COLLECTIVE BARGAINING  5,752        

PURPOSES;                                                                       

      (3)  A PERSON REGULARLY ENGAGED IN THE BUSINESS OF           5,754        

PROVIDING WORKERS' COMPENSATION-RELATED SERVICES TO EMPLOYERS;     5,755        

      (4)  AN EMPLOYEE OF THE SELF-INSURING EMPLOYER WHOSE JOB     5,757        

DUTIES OR RESPONSIBILITIES INCLUDE PARTICIPATION IN THE            5,758        

ADMINISTRATION OF THE SELF-INSURING EMPLOYER'S WORKERS'            5,759        

COMPENSATION PROGRAM.                                                           

      Sec. 4123.651.  (A)  The employer of a claimant who is       5,768        

injured, IMPAIRED, or disabled in the course of his THE            5,770        

CLAIMANT'S employment may require, without the approval of the     5,771        

administrator or the industrial commission, that the claimant be   5,772        

examined by a physician of the employer's choice one time upon     5,773        

any issue asserted by the employee or a physician of the           5,774        

employee's choice or which is to be considered by the commission.  5,775        

Any further requests for medical examinations shall be made to     5,776        

the commission which shall consider and rule on the request.  The  5,777        

employer shall pay the cost of any examinations initiated by the   5,778        

employer.                                                                       

      (B)  The bureau of workers' compensation shall prepare a     5,780        

form for the release of medical information, records, and reports  5,781        

relative to the issues necessary for the administration of a       5,782        

claim under this chapter.  The claimant promptly shall provide a   5,783        

current signed release of the information, records, and reports    5,784        

when requested by the employer.  The employer promptly shall       5,785        

provide copies of all medical information, records, and reports    5,786        

to the bureau and to the claimant or his THE CLAIMANT'S            5,787        

representative upon request.                                       5,789        

      (C)  If, without good cause, an employee refuses to submit   5,791        

to any examination scheduled under this section or refuses to      5,792        

release or execute a release for any medical information, record,  5,793        

or report that is required to be released under this section and   5,794        

involves an issue pertinent to the condition alleged in the        5,795        

claim, his THE EMPLOYEE'S right to have his THE claim for          5,797        

                                                          135    

                                                                 
compensation or benefits considered, if his THE claim is pending   5,798        

before the administrator, THE commission, or a district or staff   5,800        

hearing officer, or to receive any payment for compensation or     5,801        

benefits previously granted, is suspended during the period of     5,802        

refusal.                                                                        

      (D)  No bureau or commission employee shall alter any        5,804        

medical report obtained from a health care provider the bureau or  5,805        

commission has selected or cause or request the health care        5,806        

provider to alter or change a report.  The bureau and commission   5,807        

shall make any request for clarification of a health care          5,808        

provider's report in writing and shall provide a copy of the       5,809        

request to the affected parties and their representatives at the   5,810        

time of making the request.                                        5,811        

      Sec. 4123.66.  (A)(1)  In addition to the compensation       5,819        

provided for in this chapter, the administrator of workers'        5,820        

compensation shall disburse and pay from the state insurance fund  5,821        

the amounts for medical, nurse, and hospital services and          5,822        

medicine as he THE ADMINISTRATOR deems proper, and, in case death  5,824        

ensues from the injury or occupational disease, he THE             5,826        

ADMINISTRATOR shall disburse and pay from the fund reasonable      5,828        

funeral expenses in an amount not to exceed thirty-two hundred     5,829        

EQUAL TO FIVE THOUSAND dollars OR THE TOTAL COST OF THE FUNERAL,   5,830        

WHICHEVER IS LESS.  The bureau of workers' compensation shall      5,832        

reimburse anyone, whether dependent, volunteer, or otherwise, who  5,833        

pays the funeral expenses of any employee whose death ensues from  5,834        

any injury or occupational disease as provided in this section.    5,835        

The administrator may adopt rules, with the advice and consent of  5,836        

the workers' compensation oversight commission, with respect to    5,837        

furnishing medical, nurse, and hospital service and medicine to    5,838        

injured, IMPAIRED, or disabled employees entitled thereto, and     5,840        

for the payment therefor.  In case an injury or industrial         5,841        

accident that injures an employee also causes damage to the        5,843        

employee's eyeglasses, artificial teeth or other denture, or       5,844        

hearing aid, or in the event an injury or occupational disease     5,845        

                                                          136    

                                                                 
makes it necessary or advisable to replace, repair, or adjust the  5,846        

same, the bureau shall disburse and pay a reasonable amount to     5,847        

repair or replace the same.                                        5,848        

      (2)  IF THE ADMINISTRATOR DETERMINES THAT IT IS IN THE       5,850        

EMPLOYEE'S BEST INTEREST TO RECEIVE HEALTH CARE IN THE EMPLOYEE'S  5,851        

HOME, THE ADMINISTRATOR SHALL DISBURSE AND PAY FROM THE STATE      5,852        

INSURANCE FUND, OR THE EMPLOYEE'S SELF-INSURING EMPLOYER, AS       5,853        

APPROPRIATE, SHALL PAY THE AMOUNTS NECESSARY FOR IN-HOME HEALTH    5,854        

CARE, INCLUDING THE COST OF SERVICES NECESSARY ON A CONTINUOUS     5,855        

BASIS, UP TO AND INCLUDING TWENTY-FOUR HOURS A DAY, PROVIDED THAT  5,856        

THE ESTIMATED COST OF THAT IN-HOME HEALTH CARE DOES NOT EXCEED     5,857        

THE ESTIMATED COST OF RECEIVING THE NECESSARY HEALTH CARE OUTSIDE  5,858        

OF THE EMPLOYEE'S HOME.  A DETERMINATION MADE UNDER DIVISION       5,860        

(A)(2) OF THIS SECTION IS APPEALABLE PURSUANT TO SECTION 4123.511  5,861        

OF THE REVISED CODE BUT IS NOT APPEALABLE TO COURT UNDER SECTION   5,862        

4123.512 OF THE REVISED CODE.                                      5,863        

      (B)(1)  If an employer or a welfare plan has provided to or  5,865        

on behalf of an employee any benefits or compensation for an       5,866        

injury or occupational disease and that injury or occupational     5,867        

disease is determined compensable under this chapter, the          5,868        

employer or a welfare plan may request that the administrator      5,869        

reimburse the employer or welfare plan for the amount the          5,870        

employer or welfare plan paid to or on behalf of the employee in   5,871        

compensation or benefits.  The administrator shall reimburse the   5,872        

employer or welfare plan for the compensation and benefits paid    5,873        

if, at the time the employer or welfare plan provides the          5,874        

benefits or compensation to or on behalf of employee, the injury   5,875        

or occupational disease had not been determined to be compensable  5,876        

under this chapter and if the employee was not receiving           5,877        

compensation or benefits under this chapter for that injury or     5,878        

occupational disease.  The administrator shall reimburse the       5,879        

employer or welfare plan in the amount that the administrator      5,880        

would have paid to or on behalf of the employee under this         5,881        

chapter if the injury or occupational disease originally would     5,882        

                                                          137    

                                                                 
have been determined compensable under this chapter.  If the       5,883        

employer is a merit-rated employer, the administrator shall        5,884        

adjust the amount of premium next due from the employer according  5,885        

to the amount the administrator pays the employer.  The            5,886        

administrator shall adopt rules, in accordance with Chapter 119.   5,887        

of the Revised Code, to implement this division.                   5,888        

      (2)  As used in this division, "welfare plan" has the same   5,890        

meaning as in division (1) of 29 U.S.C.A. 1002.                    5,891        

      Sec. 4123.68.  Every employee who is disabled OR IMPAIRED    5,900        

because of the contraction of an occupational disease or the       5,901        

dependent of an employee whose death is caused by an occupational  5,902        

disease, is entitled to the compensation provided by sections      5,903        

4123.55 to 4123.59 and 4123.66 of the Revised Code subject to the  5,904        

modifications relating to occupational diseases contained in this  5,905        

chapter.  An order of the administrator issued under this section  5,906        

is appealable pursuant to sections 4123.511 and 4123.512 of the    5,907        

Revised Code.                                                      5,908        

      The following diseases are occupational diseases and         5,910        

compensable as such when contracted by an employee in the course   5,911        

of the employment in which such employee was engaged and due to    5,912        

the nature of any process described in this section.  A disease    5,913        

which meets the definition of an occupational disease is           5,914        

compensable pursuant to this chapter EVEN though it is not         5,915        

specifically listed in this section.                               5,916        

                            SCHEDULE                               5,918        

      Description of disease or injury and description of          5,920        

process:                                                           5,921        

      (A)  Anthrax:  Handling of wool, hair, bristles, hides, and  5,923        

skins.                                                             5,924        

      (B)  Glanders:  Care of any equine animal suffering from     5,926        

glanders; handling carcass of such animal.                         5,927        

      (C)  Lead poisoning:  Any industrial process involving the   5,929        

use of lead or its preparations or compounds.                      5,930        

      (D)  Mercury poisoning:  Any industrial process involving    5,932        

                                                          138    

                                                                 
the use of mercury or its preparations or compounds.               5,933        

      (E)  Phosphorous poisoning:  Any industrial process          5,935        

involving the use of phosphorous or its preparations or            5,936        

compounds.                                                         5,937        

      (F)  Arsenic poisoning:  Any industrial process involving    5,939        

the use of arsenic or its preparations or compounds.               5,940        

      (G)  Poisoning by benzol or by nitro-derivatives and         5,942        

amido-derivatives of benzol (dinitro-benzol, anilin, and others):  5,943        

Any industrial process involving the use of benzol or              5,944        

nitro-derivatives or amido-derivatives of benzol or its            5,945        

preparations or compounds.                                         5,946        

      (H)  Poisoning by gasoline, benzine, naphtha, or other       5,948        

volatile petroleum products:  Any industrial process involving     5,949        

the use of gasoline, benzine, naphtha, or other volatile           5,950        

petroleum products.                                                5,951        

      (I)  Poisoning by carbon bisulphide:  Any industrial         5,953        

process involving the use of carbon bisulphide or its              5,954        

preparations or compounds.                                         5,955        

      (J)  Poisoning by wood alcohol:  Any industrial process      5,957        

involving the use of wood alcohol or its preparations.             5,958        

      (K)  Infection or inflammation of the skin on contact        5,960        

surfaces due to oils, cutting compounds or lubricants, dust,       5,961        

liquids, fumes, gases, or vapors:  Any industrial process          5,962        

involving the handling or use of oils, cutting compounds or        5,963        

lubricants, or involving contact with dust, liquids, fumes,        5,964        

gases, or vapors.                                                  5,965        

      (L)  Epithelion cancer or ulceration of the skin or of the   5,967        

corneal surface of the eye due to carbon, pitch, tar, or tarry     5,968        

compounds:  Handling or industrial use of carbon, pitch, or tarry  5,969        

compounds.                                                         5,970        

      (M)  Compressed air illness:  Any industrial process         5,972        

carried on in compressed air.                                      5,973        

      (N)  Carbon dioxide poisoning:  Any process involving the    5,975        

evolution or resulting in the escape of carbon dioxide.            5,976        

                                                          139    

                                                                 
      (O)  Brass or zinc poisoning:  Any process involving the     5,978        

manufacture, founding, or refining of brass or the melting or      5,979        

smelting of zinc.                                                  5,980        

      (P)  Manganese dioxide poisoning:  Any process involving     5,982        

the grinding or milling of manganese dioxide or the escape of      5,983        

manganese dioxide dust.                                            5,984        

      (Q)  Radium poisoning:  Any industrial process involving     5,986        

the use of radium and other radioactive substances in luminous     5,987        

paint.                                                             5,988        

      (R)  Tenosynovitis and prepatellar bursitis:  Primary        5,990        

tenosynovitis characterized by a passive effusion or crepitus      5,991        

into the tendon sheath of the flexor or extensor muscles of the    5,992        

hand, due to frequently repetitive motions or vibrations, or       5,993        

prepatellar bursitis due to continued pressure.                    5,994        

      (S)  Chrome ulceration of the skin or nasal passages:  Any   5,996        

industrial process involving the use of or direct contact with     5,997        

chromic acid or bichromates of ammonium, potassium, or sodium or   5,998        

their preparations.                                                5,999        

      (T)  Potassium cyanide poisoning:  Any industrial process    6,001        

involving the use of or direct contact with potassium cyanide.     6,002        

      (U)  Sulphur dioxide poisoning:  Any industrial process in   6,004        

which sulphur dioxide gas is evolved by the expansion of liquid    6,005        

sulphur dioxide.                                                   6,006        

      (V)  Berylliosis:  Berylliosis means a disease of the lungs  6,008        

caused by breathing beryllium in the form of dust or fumes,        6,009        

producing characteristic changes in the lungs and demonstrated by  6,010        

x-ray examination, by biopsy or by autopsy.                        6,011        

      This chapter does not entitle an employee or his THE         6,013        

EMPLOYEE'S dependents to compensation, medical treatment, or       6,015        

payment of funeral expenses for disability, IMPAIRMENT, or death   6,016        

from berylliosis unless the employee has been subjected to         6,018        

injurious exposure to beryllium dust or fumes in his THE           6,019        

EMPLOYEE'S employment in this state preceding his THE EMPLOYEE'S   6,020        

disablement OR IMPAIRMENT and only in the event of such            6,021        

                                                          140    

                                                                 
disability, IMPAIRMENT, or death resulting within eight years      6,024        

after the last injurious exposure; provided that such eight-year   6,025        

limitation does not apply to disability, IMPAIRMENT, or death      6,026        

from exposure occurring after January 1, 1976.  In the event of    6,028        

death following continuous total disability OR IMPAIRMENT          6,029        

commencing within eight years after the last injurious exposure,   6,031        

the requirement of death within eight years after the last         6,032        

injurious exposure does not apply.                                              

      Before awarding compensation for partial or total            6,034        

disability OR IMPAIRMENT or death due to berylliosis, the          6,035        

administrator of workers' compensation shall refer the claim to a  6,037        

qualified medical specialist for examination and recommendation    6,038        

with regard to the diagnosis, the extent of the disability OR      6,039        

IMPAIRMENT, the nature of the disability OR IMPAIRMENT, whether    6,040        

permanent or temporary, the cause of death, and other medical      6,042        

questions connected with the claim.  An employee shall submit to   6,043        

such examinations, including clinical and x-ray examinations, as   6,044        

the administrator requires.  In the event that an employee         6,045        

refuses to submit to examinations, including clinical and x-ray    6,046        

examinations, after notice from the administrator, or in the       6,047        

event that a claimant for compensation for death due to            6,048        

berylliosis fails to produce necessary consents and permits,       6,049        

after notice from the administrator, so that such autopsy          6,050        

examination and tests may be performed, then all rights for        6,051        

compensation are forfeited.  The reasonable compensation of such   6,052        

specialist and the expenses of examinations and tests shall be     6,053        

paid, if the claim is allowed, as part of the expenses of the                   

claim, otherwise they shall be paid from the surplus fund.         6,054        

      (W)  Cardiovascular, pulmonary, or respiratory diseases      6,056        

incurred by fire fighters FIREFIGHTERS or police officers          6,057        

following exposure to heat, smoke, toxic gases, chemical fumes     6,059        

and other toxic substances:  Any cardiovascular, pulmonary, or     6,060        

respiratory disease of a fire fighter FIREFIGHTERS or police       6,061        

officer OFFICERS caused or induced by the cumulative effect of     6,063        

                                                          141    

                                                                 
exposure to heat, the inhalation of smoke, toxic gases, chemical   6,064        

fumes and other toxic substances in the performance of his THEIR   6,065        

duty constitutes a presumption, which may be refuted by            6,067        

affirmative evidence, that such occurred in the course of and      6,068        

arising out of his THEIR employment.  For the purpose of this      6,070        

section, "fire fighter FIREFIGHTER" means any regular member of a  6,071        

lawfully constituted fire department of a municipal corporation    6,072        

or township, whether paid or volunteer, and "police officer"       6,073        

means any regular member of a lawfully constituted police          6,074        

department of a municipal corporation, township or county,         6,075        

whether paid or volunteer.                                         6,076        

      This chapter does not entitle a fire fighter FIREFIGHTER,    6,078        

or police officer, or his THE FIREFIGHTER'S OR POLICE OFFICER'S    6,080        

dependents to compensation, medical treatment, or payment of       6,082        

funeral expenses for disability, IMPAIRMENT, or death from a       6,083        

cardiovascular, pulmonary, or respiratory disease, unless the      6,084        

fire fighter FIREFIGHTER or police officer has been subject to     6,085        

injurious exposure to heat, smoke, toxic gases, chemical fumes,    6,087        

and other toxic substances in his THE FIREFIGHTER'S OR POLICE      6,088        

OFFICER'S employment in this state preceding his THE disablement   6,090        

OR IMPAIRMENT, some portion of which has been after January 1,     6,091        

1967, except as provided in division (E) of section 4123.57 of     6,092        

the Revised Code.                                                  6,093        

      Compensation on account of cardiovascular, pulmonary, or     6,095        

respiratory diseases of fire fighters FIREFIGHTERS and police      6,096        

officers is payable only in the event of temporary total           6,098        

disability, permanent total disability IMPAIRMENT, or death, in    6,099        

accordance with section 4123.56, 4123.58, or 4123.59 of the        6,101        

Revised Code.  Medical, hospital, and nursing expenses are         6,102        

payable in accordance with this chapter.  Compensation, medical,   6,103        

hospital, and nursing expenses are payable only in the event of    6,104        

such disability, IMPAIRMENT, or death resulting within eight       6,106        

years after the last injurious exposure; provided that such        6,107        

eight-year limitation does not apply to disability, IMPAIRMENT,    6,108        

                                                          142    

                                                                 
or death from exposure occurring after January 1, 1976.  In the    6,110        

event of death following continuous total disability OR            6,111        

IMPAIRMENT commencing within eight years after the last injurious  6,112        

exposure, the requirement of death within eight years after the    6,113        

last injurious exposure does not apply.                            6,114        

      This chapter does not entitle a fire fighter FIREFIGHTER or  6,116        

police officer, or his THE dependents OF A FIREFIGHTER OR POLICE   6,118        

OFFICER, to compensation, medical, hospital, and nursing           6,121        

expenses, or payment of funeral expenses for disability,           6,122        

IMPAIRMENT, or death due to a cardiovascular, pulmonary, or        6,123        

respiratory disease in the event of failure or omission on the     6,124        

part of the fire fighter FIREFIGHTER or police officer truthfully  6,126        

to state, when seeking employment, the place, duration, and        6,127        

nature of previous employment in answer to an inquiry made by the  6,128        

employer.                                                                       

      Before awarding compensation for disability, IMPAIRMENT, or  6,131        

death under this division, the administrator shall refer the       6,132        

claim to a qualified medical specialist for examination and        6,133        

recommendation with regard to the diagnosis, the extent of         6,134        

disability OR IMPAIRMENT, the cause of death, and other medical    6,136        

questions connected with the claim. A fire fighter FIREFIGHTER or  6,137        

police officer shall submit to such examinations, including        6,139        

clinical and x-ray examinations, as the administrator requires.    6,140        

In the event that a fire fighter FIREFIGHTER or police officer     6,142        

refuses to submit to examinations, including clinical and x-ray    6,143        

examinations, after notice from the administrator, or in the       6,144        

event that a claimant for compensation for death under this        6,145        

division fails to produce necessary consents and permits, after    6,146        

notice from the administrator, so that such autopsy examination    6,147        

and tests may be performed, then all rights for compensation are   6,148        

forfeited.  The reasonable compensation of such specialists and    6,149        

the expenses of examination and tests shall be paid, if the claim  6,150        

is allowed, as part of the expenses of the claim, otherwise they   6,151        

shall be paid from the surplus fund.                                            

                                                          143    

                                                                 
      (X)  Silicosis:  Silicosis means a disease of the lungs      6,153        

caused by breathing silica dust (silicon dioxide) producing        6,154        

fibrous nodules distributed through the lungs and demonstrated by  6,155        

x-ray examination, by biopsy or by autopsy.                        6,156        

      (Y)  Coal miners' pneumoconiosis:  Coal miners'              6,158        

pneumoconiosis, commonly referred to as "black lung disease,"      6,159        

resulting from working in the coal mine industry and due to        6,160        

exposure to the breathing of coal dust, and demonstrated by x-ray  6,161        

examination, biopsy, autopsy or other medical or clinical tests.   6,162        

      This chapter does not entitle an employee or his THE         6,164        

EMPLOYEE'S dependents to compensation, medical treatment, or       6,166        

payment of funeral expenses for disability, IMPAIRMENT, or death   6,167        

from silicosis, asbestosis, or coal miners' pneumoconiosis unless  6,169        

the employee has been subject to injurious exposure to silica      6,170        

dust (silicon dioxide), asbestos, or coal dust in his THE          6,171        

EMPLOYEE'S employment in this state preceding his THE disablement  6,173        

OR IMPAIRMENT, some portion of which has been after October 12,    6,174        

1945, except as provided in division (E) of section 4123.57 of     6,175        

the Revised Code.                                                  6,176        

      Compensation on account of silicosis, asbestosis, or coal    6,178        

miners' pneumoconiosis are payable only in the event of temporary  6,179        

total disability, permanent total disability IMPAIRMENT, or        6,180        

death, in accordance with sections 4123.56, 4123.58, and 4123.59   6,182        

of the Revised Code.  Medical, hospital, and nursing expenses are  6,183        

payable in accordance with this chapter.  Compensation, medical,   6,184        

hospital, and nursing expenses are payable only in the event of    6,185        

such disability, IMPAIRMENT, or death resulting within eight       6,187        

years after the last injurious exposure; provided that such        6,188        

eight-year limitation does not apply to disability, IMPAIRMENT,    6,189        

or death occurring after January 1, 1976, and further provided     6,191        

that such eight-year limitation does not apply to any asbestosis   6,192        

cases.  In the event of death following continuous total           6,193        

disability OR IMPAIRMENT commencing within eight years after the   6,195        

last injurious exposure, the requirement of death within eight     6,196        

                                                          144    

                                                                 
years after the last injurious exposure does not apply.            6,197        

      This chapter does not entitle an employee or his THE         6,199        

EMPLOYEE'S dependents to compensation, medical, hospital, and      6,201        

nursing expenses, or payment of funeral expenses for disability,   6,202        

IMPAIRMENT, or death due to silicosis, asbestosis, or coal         6,204        

miners' pneumoconiosis in the event of the failure or omission on  6,205        

the part of the employee truthfully to state, when seeking         6,206        

employment, the place, duration, and nature of previous            6,207        

employment in answer to an inquiry made by the employer.           6,208        

      Before awarding WHEN compensation IS REQUESTED for           6,210        

disability, IMPAIRMENT, or death due to silicosis, asbestosis, or  6,213        

coal miners' pneumoconiosis, the administrator shall refer MAY     6,214        

DETERMINE WHETHER THERE IS SUFFICIENT LIKELIHOOD THAT ANY OF       6,215        

THOSE DISEASES EXISTS, CAUSES DISABILITY OR IMPAIRMENT, OR CAUSED  6,217        

DEATH TO WARRANT REFERRING the claim to a qualified medical                     

specialist for examination and recommendation with regard to the   6,218        

diagnosis, the extent of disability OR IMPAIRMENT, the cause of    6,219        

death, and other medical questions connected with the claim.  IN   6,221        

NO EVENT SHALL COMPENSATION FOR DISABILITY, IMPAIRMENT, OR DEATH   6,222        

DUE TO SILICOSIS, ASBESTOSIS, OR COAL MINERS' PNEUMOCONIOSIS BE    6,223        

AWARDED WITHOUT THE CLAIM BEING REFERRED TO A QUALIFIED MEDICAL    6,224        

SPECIALIST FOR THAT EXAMINATION AND RECOMMENDATION.  An employee   6,225        

shall submit to such examinations, including clinical and x-ray    6,226        

examinations, as the administrator requires.  In the event that    6,227        

an employee refuses to submit to examinations, including clinical  6,228        

and x-ray examinations, after notice from the administrator, or    6,229        

in the event that a claimant for compensation for death due to     6,230        

silicosis, asbestosis, or coal miners' pneumoconiosis fails to     6,231        

produce necessary consents and permits, after notice from the      6,232        

commission, so that such autopsy examination and tests may be      6,233        

performed, then all rights for compensation are forfeited.  The    6,234        

reasonable compensation of such specialist and the expenses of     6,235        

examinations and tests shall be paid, if the claim is allowed, as  6,236        

a part of the expenses of the claim, otherwise they shall be paid  6,237        

                                                          145    

                                                                 
from the surplus fund.                                             6,238        

      (Z)  Radiation illness:  Any industrial process involving    6,240        

the use of radioactive materials.                                  6,241        

      Claims for compensation and benefits due to radiation        6,243        

illness are payable only in the event death, IMPAIRMENT, or        6,245        

disability occurred within eight years after the last injurious    6,246        

exposure provided that such eight-year limitation does not apply   6,247        

to disability, IMPAIRMENT, or death from exposure occurring after  6,249        

January 1, 1976.  In the event of death following continuous       6,250        

disability OR IMPAIRMENT which commenced within eight years of     6,252        

the last injurious exposure, the requirement of death within       6,253        

eight years after the last injurious exposure does not apply.      6,254        

      (AA)  Asbestosis:  Asbestosis means a disease caused by      6,256        

inhalation or ingestion of asbestos, demonstrated by x-ray         6,257        

examination, biopsy, autopsy, or other objective medical or        6,258        

clinical tests.                                                    6,259        

      All conditions, restrictions, limitations, and other         6,261        

provisions of this section, with reference to the payment of       6,262        

compensation or benefits on account of silicosis or coal miners'   6,263        

pneumoconiosis apply to the payment of compensation or benefits    6,264        

on account of any other occupational disease of the respiratory    6,265        

tract resulting from injurious exposures to dust.                  6,266        

      The refusal to produce the necessary consents and permits    6,268        

for autopsy examination and testing shall not result in            6,269        

forfeiture of compensation provided the administrator finds that   6,270        

such refusal was the result of bona fide religious convictions or  6,271        

teachings to which the claimant for compensation adhered prior to  6,272        

the death of the decedent.                                         6,273        

      Sec. 4123.70.  No compensation shall be awarded on account   6,282        

of disability, IMPAIRMENT, or death from disease suffered by an    6,284        

employee who, at the time of entering into the employment from     6,285        

which the disease is claimed to have resulted, willfully and       6,286        

falsely represented himself THE EMPLOYEE as not having previously  6,287        

suffered from such disease.  Compensation shall not be awarded on  6,289        

                                                          146    

                                                                 
account of both injury and disease, except when the disability OR  6,290        

IMPAIRMENT is caused by a disease and an injury, in which event    6,291        

the administrator of workers' compensation may apportion the       6,292        

payment of compensation provided for in sections 4123.56 to        6,293        

4123.59 of the Revised Code between the funds as in his THE        6,294        

ADMINISTRATOR'S judgment seems just and proper.                    6,295        

      If an employee is suffering from both occupational disease   6,297        

and an injury, and the administrator can determine which is        6,298        

causing his THE EMPLOYEE'S disability OR IMPAIRMENT, the           6,299        

administrator shall pay compensation therefor from the proper      6,301        

fund.                                                                           

      Compensation for loss sustained on account of occupational   6,303        

disease by an employee mentioned in division (A)(1) of section     6,304        

4123.01 of the Revised Code, or the dependents of such employee,   6,305        

shall be paid from the fund provided for in sections 4123.38 to    6,306        

4123.41 and 4123.48 of the Revised Code.                           6,307        

      Compensation for loss sustained on account of a disease by   6,309        

an employee mentioned in division (A)(2) of section 4123.01 of     6,310        

the Revised Code, or the dependents of the employee, shall be      6,311        

paid from the occupational disease fund or by the employer of the  6,312        

employee, if the employer is a self-insuring employer.             6,313        

      Sec. 4123.80.  No agreement by an employee to waive his THE  6,321        

EMPLOYEE'S rights to compensation under this chapter is valid,     6,323        

except that:                                                                    

      (A)  An employee who is blind may waive the compensation     6,325        

that may become due him TO THE EMPLOYEE for injury, IMPAIRMENT,    6,327        

or disability in cases where the injury, IMPAIRMENT, or            6,328        

disability may be directly caused by or due to his THAT            6,330        

blindness.  The administrator of workers' compensation, with the   6,332        

advice and consent of the workers' compensation oversight          6,334        

commission, may adopt and enforce rules governing the employment   6,336        

of such persons and the inspection of their places of employment.  6,337        

      (B)  An employee may waive his THE EMPLOYEE'S rights to      6,339        

compensation or benefits as authorized pursuant to division        6,340        

                                                          147    

                                                                 
(C)(3) of section 4123.01 OR SECTION 4123.15 of the Revised Code.  6,342        

      No agreement by an employee to pay any portion of the        6,344        

premium paid by his THE EMPLOYEE'S employer into the state         6,346        

insurance fund is valid.                                                        

      Sec. 4123.82.  (A)  All contracts and agreements are void    6,355        

which undertake to indemnify or insure an employer against loss    6,356        

or liability for the payment of compensation to workers or their   6,357        

dependents for death, injury, or occupational disease occasioned   6,358        

in the course of the workers' employment, or which provide that    6,359        

the insurer shall pay the compensation, or which indemnify the     6,360        

employer against damages when the injury, disease, or death        6,361        

arises from the failure to comply with any lawful requirement for  6,362        

the protection of the lives, health, and safety of employees, or   6,363        

when the same is occasioned by the willful act of the employer or  6,364        

any of his THE EMPLOYER'S officers or agents, or by which it is    6,365        

agreed that the insurer shall pay any such damages.  No license    6,367        

or authority to enter into any such agreements or issue any such   6,368        

policies of insurance shall be granted or issued by any public     6,369        

authority in this state.  Any corporation organized or admitted    6,370        

under the laws of this state to transact liability insurance as    6,371        

defined in section 3929.01 of the Revised Code may by amendment    6,372        

of its articles of incorporation or by original articles of        6,373        

incorporation, provide therein for the authority and purpose to    6,374        

make insurance in states, territories, districts, and counties,    6,375        

other than the state of Ohio, and in the state of Ohio in respect  6,376        

of contracts permitted by division (B) of this section,            6,377        

indemnifying employers against loss or liability for payment of    6,378        

compensation to workers and employees and their dependents for     6,379        

death, injury, or occupational disease occasioned in the course    6,380        

of the employment and to insure and indemnify employers against    6,381        

loss, expense, and liability by risk of bodily injury or death by  6,382        

accident, disability, IMPAIRMENT, sickness, or disease suffered    6,383        

by workers and employees for which the employer may be liable or   6,385        

has assumed liability.                                             6,386        

                                                          148    

                                                                 
      (B)  Notwithstanding division (A) of this section:           6,388        

      (1)  No contract because of that division is void which      6,390        

undertakes to indemnify a self-insuring employer against all or    6,391        

part of such employer's loss in excess of at least fifty thousand  6,392        

dollars from any one disaster or event arising out of the          6,393        

employer's liability under this chapter, but no insurance          6,394        

corporation shall, directly or indirectly, SHALL represent an      6,395        

employer in the settlement, adjudication, determination,           6,396        

allowance, or payment of claims.  The superintendent of insurance  6,397        

shall enforce this prohibition by such disciplinary orders         6,398        

directed against the offending insurance corporation as the        6,399        

superintendent of insurance deems appropriate in the               6,400        

circumstances and the administrator of workers' compensation       6,401        

shall enforce this prohibition by such disciplinary orders         6,402        

directed against the offending employer as the administrator       6,403        

deems appropriate in the circumstances, which orders may include   6,404        

revocation of the insurance corporation's right to enter into      6,405        

indemnity contracts and revocation of the employer's status as a   6,406        

self-insuring employer.                                            6,407        

      (2)  The administrator may enter into a contract of          6,409        

indemnity with any such employer upon such terms, payment of such  6,410        

premium, and for such amount and form of indemnity as the          6,411        

administrator determines and the administrator may procure         6,412        

reinsurance of the liability of the public and private funds       6,413        

under this chapter, or any part of the liability in respect of     6,414        

either or both of the funds, upon such terms and premiums or       6,415        

other payments from the fund or funds as the administrator deems   6,416        

prudent in the maintenance of a solvent fund or funds from year    6,417        

to year.  When making the finding of fact which the administrator  6,418        

is required by section 4123.35 of the Revised Code to make with    6,419        

respect to the financial ability of an employer, no contract of    6,420        

indemnity, or the ability of the employer to procure such a        6,421        

contract, shall be considered as increasing the financial ability  6,422        

of the employer.                                                   6,423        

                                                          149    

                                                                 
      Sec. 4123.84.  (A)  In all cases of injury or death, claims  6,432        

for compensation or benefits for the specific part or parts of     6,433        

the body injured shall be forever barred unless, within two years  6,434        

after the injury or death:                                         6,435        

      (1)  Written notice of the specific part or parts of the     6,437        

body claimed to have been injured has been made to the industrial  6,438        

commission or the bureau of workers' compensation;                 6,439        

      (2)  The employer, with knowledge of a claimed compensable   6,441        

injury or occupational disease, has paid wages in lieu of          6,442        

compensation for total disability OR IMPAIRMENT;                   6,443        

      (3)  In the event the employer is a self-insuring employer,  6,445        

one of the following has occurred:                                 6,446        

      (a)  Written notice of the specific part or parts of the     6,448        

body claimed to have been injured has been given to the            6,449        

commission or bureau or the employer has furnished treatment by a  6,450        

licensed physician in the employ of an employer, provided,         6,451        

however, that the furnishing of such treatment shall not           6,452        

constitute a recognition of a claim as compensable, but shall do   6,453        

no more than satisfy the requirements of this section;             6,454        

      (b)  Compensation or benefits have been paid or furnished    6,456        

equal to or greater than is provided for in sections 4123.52,      6,457        

4123.55 to 4123.62, and 4123.64 to 4123.67 of the Revised Code,    6,458        

PROVIDED THAT THE PAYMENT OR FURNISHING OF THE COMPENSATION OR     6,459        

BENEFITS SHALL NOT CONSTITUTE A RECOGNITION OF A CLAIM OR ANY      6,460        

CONDITION IN A CLAIM AS COMPENSABLE.  THAT PAYMENT, THAT           6,461        

COMPENSATION, OR THOSE BENEFITS SHALL DO NO MORE THAN SATISFY THE  6,463        

REQUIREMENTS OF THIS SECTION.                                                   

      (4)  Written notice of death has been given to the           6,465        

commission or bureau.                                                           

      (B)  The bureau shall provide printed notices quoting in     6,467        

full division (A) of this section, and every self-insuring         6,468        

employer shall post and maintain at all times one or more of the   6,469        

notices in conspicuous places in the workshop or places of         6,470        

employment.                                                        6,471        

                                                          150    

                                                                 
      (C)  The commission has continuing jurisdiction as set       6,473        

forth in section 4123.52 of the Revised Code over a claim which    6,474        

meets the requirement of this section, including jurisdiction to   6,475        

award compensation or benefits for loss or impairment of bodily    6,476        

functions developing in a part or parts of the body not specified  6,477        

pursuant to division (A)(1) of this section, if the commission     6,478        

finds that the loss or impairment of bodily functions was due to   6,479        

and a result of or a residual of the injury to one of the parts    6,480        

of the body set forth in the written notice filed pursuant to      6,481        

division (A)(1) of this section.                                   6,482        

      (D)  Any claim pending before the administrator, the         6,484        

commission, or a court on December 11, 1967, in which the remedy   6,485        

is affected by this section is governed by this section.           6,486        

      (E)  Notwithstanding the requirement that the notice         6,488        

required to be given to the bureau, commission, or employer under  6,489        

this section is to be in writing, the bureau may accept, assign a  6,490        

claim number, and process a notice provided by any method of       6,491        

telecommunication.  Immediately upon receipt of the                6,492        

telecommunicated notice, the bureau shall send a written notice    6,493        

to the employer of the bureau's receipt of the telecommunicated    6,494        

notice.  Within fifteen days after receipt of the notice, the      6,495        

employer may in writing either MAY verify or not verify the        6,496        

telecommunicated notice.  If the bureau does not receive the       6,497        

written notification from the employer or receives a written       6,498        

notification verifying the telecommunicated notice within such     6,499        

time period, the claim is validly filed and such telecommunicated  6,500        

notice tolls the statute of limitations in regard to the claim     6,501        

filed and is considered to meet the requirements of written        6,502        

notice required by this section.                                   6,503        

      (F)  As used in division (A)(3)(b) of this section,          6,505        

"benefits" means payments by a self-insuring employer to, or on    6,506        

behalf of, an employee for a hospital bill, a medical bill to a    6,507        

licensed physician or hospital, or an orthopedic or prosthetic     6,508        

device.                                                            6,509        

                                                          151    

                                                                 
      Sec. 4123.85.  In all cases of occupational disease, or      6,518        

death resulting from occupational disease, claims for              6,519        

compensation or benefits are forever barred unless, within two     6,520        

years after the disability due to the disease began, or within     6,522        

such longer period as does not exceed six months after FIRST                    

diagnosis of the occupational disease by a licensed physician or   6,523        

within two years after death occurs, application is made to the    6,524        

industrial commission or the bureau of workers' compensation or    6,525        

to the employer if he THE EMPLOYER is a self-insuring employer.    6,527        

      Sec. 4123.90.  (A)  The bureau ADMINISTRATOR of workers'     6,536        

compensation, industrial commission WORKERS' COMPENSATION HEARING  6,537        

OFFICERS, or any other PERSON OR body constituted by the statutes  6,539        

of this state, or any court of this state, in awarding                          

compensation to the dependents of employees, or others killed in   6,540        

Ohio THIS STATE, shall not make any discrimination against the     6,541        

widows SURVIVING SPOUSES, children, or other dependents who        6,543        

reside in a foreign country. The bureau ADMINISTRATOR, commission  6,544        

HEARING OFFICER, or any other board, PERSON, or court, in          6,546        

determining the amount of compensation to be paid to the           6,547        

dependents of killed employees, shall pay to the alien dependents  6,548        

residing in foreign countries the same benefits as to those        6,549        

dependents residing in this state.                                 6,550        

      (B)  No employer shall discharge, demote, reassign, or take  6,552        

any punitive action against any employee because the employee      6,553        

filed a claim or instituted, pursued, or testified in any          6,554        

proceedings under the workers' compensation act THIS CHAPTER OR    6,555        

CHAPTER 4126., 4127., OR 4131. OF THE REVISED CODE for an injury   6,556        

or occupational disease which occurred in the course of and        6,557        

arising out of his employment with that employer.  Any such        6,558        

      AN employee AFFECTED BY A VIOLATION OF THIS DIVISION may     6,560        

file an action in the COURT OF common pleas court of the county    6,561        

of such employment in which the relief which may be granted shall  6,563        

be limited to reinstatement with back pay, if the action is based  6,564        

upon discharge, or an award for wages lost if based upon           6,565        

                                                          152    

                                                                 
demotion, reassignment, or punitive action taken, offset by        6,566        

earnings subsequent to discharge, demotion, reassignment, or       6,567        

punitive action taken, and payments received pursuant to section   6,568        

4123.56 and Chapter 4141. of the Revised Code plus reasonable      6,569        

attorney fees.  The action shall be IS forever barred unless       6,570        

filed within one hundred eighty days immediately following the     6,571        

discharge, demotion, reassignment, or punitive action taken, and   6,572        

no action may be instituted or maintained unless the employer has  6,573        

received written notice of a claimed violation of this paragraph   6,574        

within the ninety days immediately following the discharge,        6,575        

demotion, reassignment, or punitive action taken.                  6,576        

      Sec. 4123.93.  As used in sections 4123.93 and 4123.931 of   6,585        

the Revised Code:                                                  6,586        

      (A)  "Claimant" means a person who is eligible to receive    6,589        

compensation or medical benefits under this chapter or Chapter     6,590        

4121., 4127., or 4131. of the Revised Code, including any          6,592        

dependent or person whose eligibility is the result of an injury                

to or occupational disease of another person.                      6,593        

      (B)  "Statutory subrogee" means the administrator of the     6,596        

bureau of workers' compensation, a self-insuring employer, or an   6,597        

employer that contracts for the direct payment of medical                       

services pursuant to division (J)(I) of section 4121.44 of the     6,598        

Revised Code.                                                      6,599        

      (C)  "Subrogated amounts" include, but are not limited to,   6,601        

the following:                                                                  

      (1)  Amounts recoverable from any third party,               6,603        

notwithstanding any limitations by the third party concerning its  6,604        

responsibility to make payments in cases involving workers'        6,605        

compensation under Chapter 4121., 4123., 4127., or 4131. of the    6,606        

Revised Code;                                                                   

      (2)  Amounts recoverable from a claimant's insurer in        6,608        

connection with underinsured or uninsured motorist coverage,       6,609        

notwithstanding any limitation contained in Chapter 3937. of the   6,611        

Revised Code;                                                      6,612        

                                                          153    

                                                                 
      (3)  Amounts that a claimant would be entitled to recover    6,614        

from a political subdivision, notwithstanding any limitations      6,615        

contained in Chapter 2744. of the Revised Code.                    6,616        

      (D)  "Third party" means an individual, private insurer,     6,619        

public or private entity, or public or private program that is or  6,620        

may be liable to make payments to a person without regard to any                

statutory duty contained in this chapter or Chapter 4121., 4127.,  6,621        

or 4131. of the Revised Code.                                      6,622        

      Sec. 4127.03.  Every work-relief employee who sustains an    6,631        

injury and the dependents of such as are killed, in the course of  6,632        

and arising out of employment, wheresoever such WHEREVER THAT      6,633        

injury or death occurs, except when such injury or death is        6,635        

caused by willful misconduct or intent to bring about such injury  6,636        

or death, or when the use of intoxicating liquors or drugs is the  6,637        

proximate cause of such injury or death, is entitled to receive    6,638        

out of the public work-relief employees' compensation fund,        6,639        

compensation, death benefits, medical, nurse, and hospital         6,640        

services, medicine, and funeral expenses, for loss sustained on    6,641        

account of such injury or death, as is provided for by Chapter     6,642        

4123. of the Revised Code.                                                      

      Except as provided in section 4127.06 of the Revised Code,   6,644        

no compensation shall be paid from the work-relief employees'      6,645        

compensation fund for or on account of any temporary disability    6,646        

or partial disability IMPAIRMENT; except that in the cases         6,647        

included in the schedule of loss of specific members or sight,     6,649        

set forth in section 4123.57 of the Revised Code, the disability   6,650        

OR IMPAIRMENT is deemed to continue for the periods mentioned for  6,652        

each of such cases in that section.  In cases where the injury     6,653        

results in the total or partial loss of use of any such member,    6,654        

the disability OR IMPAIRMENT is deemed to continue for such        6,656        

proportion of the period fixed for the total loss of a member as   6,657        

the administrator of workers' compensation finds that the actual   6,658        

physical disability OR IMPAIRMENT bears to the total loss of such  6,660        

members.                                                                        

                                                          154    

                                                                 
      All compensation payable under this chapter shall be paid    6,662        

on the basis of computation provided for in this chapter.          6,663        

      Sec. 4127.06.  During periods of temporary disability and    6,672        

partial disability IMPAIRMENT other than that resulting from loss  6,674        

of a member or sight or total or partial loss of use of a member,  6,675        

an injured work-relief employee shall be paid directly out of the  6,676        

fund from which the employee was receiving relief, the amounts     6,677        

required to meet the budgetary needs of the employee and his THE   6,678        

EMPLOYEE'S dependents, and in the manner determined by the person  6,679        

or agency having control over or supervision of the fund.          6,680        

      When all of the funds for relief purposes which are          6,682        

available to any employer are exhausted, or when, disability OR    6,683        

IMPAIRMENT as a result of the injury is continuous beyond a        6,686        

period of six months, the injured work-relief employee shall be                 

compensated for temporary DISABILITY and partial disability        6,687        

IMPAIRMENT out of the public work-relief employees' compensation   6,689        

fund by the bureau of workers' compensation in the same manner     6,690        

and amount as is provided in sections 4127.01 to 4127.14 of the                 

Revised Code for other disabilities AND IMPAIRMENTS.               6,691        

      Sec. 4141.31.  (A)  Benefits otherwise payable for any week  6,700        

shall be reduced by the amount of remuneration a claimant          6,701        

receives with respect to such week as follows:                     6,702        

      (1)  Remuneration in lieu of notice;                         6,704        

      (2)  Compensation for wage loss under division (B)(C) of     6,706        

section 4123.56 of the Revised Code or temporary partial           6,707        

disability under the workers' compensation law of any state or     6,708        

under a similar law of the United States;                          6,709        

      (3)  Except as provided in section 4141.312 of the Revised   6,711        

Code, payments in the form of retirement, or pension allowances    6,712        

under a plan wholly financed by an employer which payments are     6,713        

paid either directly by the employer, or indirectly through a      6,714        

trust, annuity, insurance fund, or under an insurance contract     6,715        

whether payable upon retirement, termination, or separation from   6,716        

employment, provided that if the claimant has twenty-six weeks or  6,717        

                                                          155    

                                                                 
more of employment with a subsequent employer or employers who     6,718        

are not paying him a pension or retirement allowance, then such    6,719        

pension or retirement payments shall not reduce the benefits       6,720        

payable for the week, and provided further that no benefits shall  6,721        

thereafter be charged to the account of the employer who is        6,722        

paying the pension, but instead such benefits shall be charged to  6,723        

the mutualized account except as provided in division (B)(1)(b)    6,724        

of section 4141.241 of the Revised Code if the claimant's          6,725        

separation from the employer was disqualifying under division      6,726        

(D)(2)(a) of section 4141.29 of the Revised Code.                  6,727        

      (4)  Remuneration in the form of separation or termination   6,729        

pay paid to an employee at the time of his THE EMPLOYEE'S          6,730        

separation from employment;                                        6,732        

      (5)  Vacation pay or allowance payable under the terms of a  6,734        

labor-management contract or agreement, or other contract of       6,735        

hire, which payments are allocated to designated weeks.            6,736        

      If payments under this division are paid with respect to a   6,738        

month then the amount of remuneration deemed to be received with   6,739        

respect to any week during such month shall be computed by         6,740        

multiplying such monthly amount by twelve and dividing the         6,741        

product by fifty-two.  If there is no designation of the period    6,742        

with respect to which payments to an individual are made under     6,743        

this section then an amount equal to such individual's normal      6,744        

weekly wage shall be attributed to and deemed paid with respect    6,745        

to the first and each succeeding week following his THE            6,746        

EMPLOYEE'S separation or termination from the employment of the    6,748        

employer making the payment until such amount so paid is           6,749        

exhausted.                                                                      

      If benefits for any week, when reduced as provided in this   6,751        

division, result in an amount not a multiple of one dollar, such   6,752        

benefits shall be rounded to the next lower multiple of one        6,753        

dollar.                                                            6,754        

      Any payment allocated by the employer or the administrator   6,756        

of the bureau of employment services to weeks under division       6,757        

                                                          156    

                                                                 
(A)(1), (4), or (5) of this section shall be deemed to be          6,758        

remuneration for the purposes of establishing a qualifying week    6,759        

and a benefit year under divisions (O)(1) and (R) of section       6,760        

4141.01 of the Revised Code.                                       6,761        

      (B)  Benefits payable for any week shall not be reduced by   6,763        

the amount of remuneration a claimant receives with respect to     6,764        

such week in the form of drill or reserve pay received by a        6,765        

member of the Ohio national guard or the armed forces reserve for  6,766        

attendance at a regularly scheduled drill or meeting.              6,767        

      (C)  No benefits shall be paid for any week with respect to  6,769        

which or a part of which an individual has received or is seeking  6,770        

unemployment benefits under an unemployment compensation law of    6,771        

any other state or of the United States, provided the              6,772        

disqualifications shall not apply if the appropriate agency of     6,773        

such other state or of the United States finally determines that   6,774        

he is not entitled to such unemployment benefits.  A law of the    6,775        

United States providing any payment of any type and in any         6,776        

amounts for periods of unemployment due to lack of work shall be   6,777        

considered an unemployment compensation law of the United States.  6,778        

      (D)  Notwithstanding any other provision in this chapter,    6,780        

benefits otherwise payable shall not be reduced by payments that   6,781        

were made to an individual on or after August 1, 1991, pursuant    6,782        

to "The National Defense Authorization Act for Fiscal Years 1992   6,783        

and 1993," Public Law 102-190, 105 Stat. 1394, 1396, 10 U.S.C.A.   6,784        

1174a, 1175, in the form of voluntary separation incentive         6,785        

payments and special separation pay.                               6,786        

      Section 2.  That existing sections 2913.48, 4121.121,        6,788        

4121.32, 4121.34, 4121.35, 4121.36, 4121.38, 4121.44, 4121.47,     6,790        

4121.61, 4121.67, 4123.01, 4123.032, 4123.033, 4123.07, 4123.25,   6,791        

4123.27, 4123.28, 4123.34, 4123.343, 4123.35, 4123.352, 4123.411,  6,792        

4123.412, 4123.413, 4123.414, 4123.416, 4123.419, 4123.511,        6,793        

4123.512, 4123.52, 4123.54, 4123.541, 4123.55, 4123.56, 4123.57,   6,794        

4123.58, 4123.59, 4123.60, 4123.61, 4123.62, 4123.64, 4123.65,     6,795        

4123.651, 4123.66, 4123.68, 4123.70. 4123.80, 4123.82, 4123.84,    6,796        

                                                          157    

                                                                 
4123.85, 4123.90, 4123.93, 4127.03, 4127.06, and 4141.31 of the    6,797        

Revised Code are hereby repealed.                                  6,798        

      Section 3.  (A)  Except as provided in division (B) of this  6,800        

section, the provisions of this act apply to all claims pursuant   6,801        

to Chapters 4121., 4123., 4127., and 4131. of the Revised Code     6,803        

arising on and after the effective date of this act.               6,804        

      (B)  The following apply to all claims pursuant to Chapters  6,806        

4121., 4123., 4127., and 4131. of the Revised Code pending on the  6,808        

effective date of this act:                                                     

      (1)  The provision in division (B)(1) of section 4123.56 of  6,810        

the Revised Code, as amended by this act, allowing an employer to  6,811        

voluntarily commence payment of compensation for temporary         6,812        

disability;                                                        6,813        

      (2)  The provision in division (C)(2) of section 4123.56 of  6,815        

the Revised Code, as amended by this act, allowing an employee to  6,816        

file an application for and receive wage loss compensation         6,817        

pursuant to that division without affecting the employee's         6,818        

application for permanent total impairment compensation;           6,819        

      (3)  The provision in division (A) of section 4123.57, as    6,821        

amended by this act, allowing an employee to file an application   6,822        

for the determination of the percentage of the employee's          6,823        

permanent partial impairment after the employee has reached        6,824        

maximum medical improvement.                                       6,825        

      Section 4.  The penalties provided for in divisions (B) and  6,827        

(C) of section 4121.444 of the Revised Code apply to any           6,828        

overpayment, billing, or falsification occurring on or after the   6,829        

effective date of this act.                                                     

      Section 5.  The amendments to the definition of              6,831        

"occupational disease" made by this act contained in division (F)  6,832        

of section 4123.01 of the Revised Code are not intended and shall  6,833        

not be construed as altering a firefighter's or police officer's   6,834        

rights to compensation pursuant to division (W) of section                      

4123.68 of the Revised Code as those rights existed on the         6,835        

effective date of this act by virtue of statute, administrative    6,836        

                                                          158    

                                                                 
rule, or judicial decision or a combination of statutes, rules,    6,837        

or decisions.                                                                   

      Section 6.  The Administrator of Workers' Compensation       6,839        

shall study the incidence of occupational diseases in the health   6,840        

care professions, as the Administrator determines necessary, and   6,841        

the adequacy of Chapters 4121., 4123., 4127., and 4131. of the     6,842        

Revised Code in addressing occupational diseases that arise in     6,843        

those professions.  The study shall specifically include latent    6,844        

occupational diseases.  The Administrator shall report the         6,845        

results of the study to the Speaker of the House of                6,846        

Representatives and the President of the Senate no later than      6,847        

July 1, 1998.                                                      6,848        

      Section 7.  The Administrator of Workers' Compensation       6,850        

shall study the quality, thoroughness, and adequacy of the         6,851        

medical examinations conducted by the Bureau of Workers'           6,852        

Compensation's examining physicians who conduct examinations of    6,853        

employees for a determination of employees' percentage of          6,854        

permanent partial impairment.  The study shall include an          6,855        

evaluation of the fees charged by those physicians.  The           6,856        

Administrator shall report the results of the study to the         6,857        

Speaker of the House of Representatives and the President of the   6,858        

Senate no later than July 1, 1998.                                 6,859        

      Section 8.  The Administrator of Workers' Compensation       6,861        

shall study the effect of allowing public employers that meet the  6,862        

criteria for being granted the status of self-insuring employers   6,863        

pursuant to section 4123.35 of the Revised Code to become          6,864        

self-insuring employers and of allowing public employers that      6,865        

employ less than five hundred employees but that otherwise meet    6,866        

all the criteria for being granted the status of self-insuring     6,867        

employers to form pools for the purpose of paying compensation     6,868        

and benefits under Chapters 4121., 4123., 4127., and 4131. of the  6,870        

Revised Code directly, either collectively as a group or by each   6,871        

employer individually.  The Administrator shall report the                      

results of the study to the Speaker of the House of                6,872        

                                                          159    

                                                                 
Representatives and the President of the Senate no later than      6,873        

October 31, 1997.                                                  6,874        

      Section 9.  The Administrator of Workers' Compensation       6,876        

shall study vocational rehabilitation as it relates to assisting   6,877        

injured employees return to work.  As part of the study, the       6,878        

Administrator shall examine the relationship between the Bureau    6,879        

of Workers' Compensation, the Industrial Commission, managed care  6,881        

organizations certified under the Health Partnership Program or a  6,882        

Qualified Health Plan, self-insuring employers, and other state    6,883        

agencies assisting injured employees return to work.  In           6,884        

addition, the Administrator shall review the current rules of the  6,885        

Bureau and Commission pertaining to vocational rehabilitation      6,886        

and, if necessary, shall recommend changes to these rules to       6,887        

better effectuate the purposes of vocational rehabilitation in     6,888        

returning injured employees to work.  The Administrator shall      6,889        

report the results of the study to the Governor, the Speaker of    6,890        

the House of Representatives, the President of the Senate, the     6,891        

Chairperson of the House of Representatives Commerce and Labor     6,892        

Committee, and the Chairperson of the Senate Insurance, Commerce,  6,893        

and Labor Committee, within one year after the effective date of   6,894        

this act.                                                          6,895        

      Section 10.  Section 4123.54 of the Revised Code, as         6,897        

amended by this act, does not abridge, and shall not be construed  6,898        

as abridging, any rights of employers or employees under federal   6,899        

or state law with respect to drug testing in the workplace.        6,900