As Introduced 1
123rd General Assembly 4
Regular Session H.B. No. 122 5
1999-2000 6
REPRESENTATIVES CATES-CORBIN-EVANS-HAINES-HOOD-MOTTLEY- 8
OLMAN-TIBERI-VAN VYVEN-VESPER-WILLAMOWSKI 9
10
A B I L L
To amend section 4123.54 of the Revised Code to 11
provide a rebuttable presumption that the 12
proximate cause of an injury of an employee, who, 13
through a blood, breath, or urine test, tests 14
positive for the use of alcohol or a controlled 16
substance not prescribed by a physician, is the 17
alcohol or controlled substance. 19
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That section 4123.54 of the Revised Code be 23
amended to read as follows: 24
Sec. 4123.54. Every employee, who is injured or who 33
contracts an occupational disease, and the dependents of each 34
employee who is killed, or dies as the result of an occupational 35
disease contracted in the course of employment, wherever such 36
injury has occurred or occupational disease has been contracted, 37
provided the same were not: 38
(A) Purposely self-inflicted; or 40
(B) Caused by the employee being intoxicated or under the 42
influence of a controlled substance not prescribed by a physician 43
where the intoxication or being under the influence of the 44
controlled substance not prescribed by a physician was the 45
proximate cause of the injury, is entitled to receive, either 46
directly from his THE EMPLOYEE'S self-insuring employer as 47
provided in section 4123.35 of the Revised Code, or from the 49
state insurance fund, the compensation for loss sustained on 50
2
account of the injury, occupational disease, or death, and the 51
medical, nurse, and hospital services and medicines, and the 52
amount of funeral expenses in case of death, as are provided by 53
this chapter.
FOR THE PURPOSE OF THIS SECTION, IF AN EMPLOYEE, THROUGH A 55
CHEMICAL TEST OF THE EMPLOYEE'S BLOOD, BREATH, URINE, OR OTHER 56
BODILY SUBSTANCE ADMINISTERED WITHIN A REASONABLE TIME AFTER THE 58
OCCURRENCE OF THE INJURY, IS DETERMINED TO HAVE AN ALCOHOL 59
CONCENTRATION EQUAL TO OR IN EXCESS OF THE APPLICABLE
CONCENTRATION SPECIFIED IN SECTION 4511.19 OF THE REVISED CODE OR 61
TO HAVE A CONTROLLED SUBSTANCE NOT PRESCRIBED BY THE EMPLOYEE'S
PHYSICIAN FOR THE EMPLOYEE'S USE IN THE EMPLOYEE'S SYSTEM, IT IS 62
A REBUTTABLE PRESUMPTION THAT THE EMPLOYEE WAS INTOXICATED OR 63
UNDER THE INFLUENCE OF THE CONTROLLED SUBSTANCE AND THAT THE 64
INTOXICATION OR BEING UNDER THAT INFLUENCE IS THE PROXIMATE CAUSE 66
OF THE INJURY. AN EMPLOYEE'S REFUSAL TO SUBMIT TO A CHEMICAL
TEST OF THE EMPLOYEE'S BLOOD, BREATH, URINE, OR OTHER BODILY 67
SUBSTANCE IS ADMISSIBLE AS EVIDENCE OF THE EMPLOYEE'S 70
INTOXICATION OR BEING UNDER THE INFLUENCE OF A CONTROLLED
SUBSTANCE NOT PRESCRIBED BY A PHYSICIAN AT ANY HEARING HELD 71
PURSUANT TO SECTION 4123.511 OF THE REVISED CODE TO DETERMINE THE 73
ALLOWANCE OF THE EMPLOYEE'S CLAIM AND ON ANY APPEAL HELD PURSUANT 74
TO SECTION 4123.512 OF THE REVISED CODE.
Whenever, with respect to an employee of an employer who is 76
subject to and has complied with this chapter, there is 77
possibility of conflict with respect to the application of 78
workers' compensation laws because the contract of employment is 79
entered into and all or some portion of the work is or is to be 80
performed in a state or states other than Ohio, the employer and 81
the employee may agree to be bound by the laws of this state or 82
by the laws of some other state in which all or some portion of 83
the work of the employee is to be performed. The agreement shall 84
be in writing and shall be filed with the bureau of workers' 85
compensation within ten days after it is executed and shall 86
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remain in force until terminated or modified by agreement of the 87
parties similarly filed. If the agreement is to be bound by the 88
laws of this state and the employer has complied with this 89
chapter, then the employee is entitled to compensation and 90
benefits regardless of where the injury occurs or the disease is 91
contracted and the rights of the employee and his THE EMPLOYEE'S 92
dependents under the laws of this state are the exclusive remedy 94
against the employer on account of injury, disease, or death in 95
the course of and arising out of his THE EMPLOYEE'S employment. 96
If the agreement is to be bound by the laws of another state and 98
the employer has complied with the laws of that state, the rights 99
of the employee and his THE EMPLOYEE'S dependents under the laws 101
of that state are the exclusive remedy against the employer on 102
account of injury, disease, or death in the course of and arising 103
out of his THE EMPLOYEE'S employment without regard to the place 106
where the injury was sustained or the disease contracted. 107
If any employee or his THE EMPLOYEE'S dependents are 109
awarded workers' compensation benefits or recover damages from 111
the employer under the laws of another state, the amount awarded 112
or recovered, whether paid or to be paid in future installments, 113
shall be credited on the amount of any award of compensation or 114
benefits made to the employee or his THE EMPLOYEE'S dependents by 115
the bureau. 116
If an employee is a resident of a state other than this 118
state and is insured under the workers' compensation law or 119
similar laws of a state other than this state, the employee and 120
his THE EMPLOYEE'S dependents are not entitled to receive 121
compensation or benefits under this chapter, on account of 123
injury, disease, or death arising out of or in the course of 124
employment while temporarily within this state, and the rights of 125
the employee and his THE EMPLOYEE'S dependents under the laws of 126
the other state are the exclusive remedy against the employer on 127
account of the injury, disease, or death. 128
Compensation or benefits are not payable to a claimant 130
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during the period of confinement of the claimant in any state or 131
federal correctional institution whether in this or any other 132
state for conviction of violation of any state or federal 133
criminal law.
Section 2. That existing section 4123.54 of the Revised 135
Code is hereby repealed. 136