As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 180 5
1999-2000 6
REPRESENTATIVES CORBIN-THOMAS-VESPER 8
_________________________________________________________________ 9
A B I L L
To amend sections 121.03, 4121.12, 4121.121, 11
4121.37, 4121.44, 4121.63, 4123.343, 4123.511, 12
4123.512, 4123.76, 4123.83, 5703.21, and 5747.18
and to enact section 4123.591 of the Revised Code 13
to make appropriations for the Bureau of Workers' 14
Compensation for the biennium beginning July 1,
1999, and ending June 30, 2001, and to provide 15
authorization and conditions for the operation of 16
Bureau of Workers' Compensation programs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That sections 121.03, 4121.12, 4121.121, 20
4121.37, 4121.44, 4121.63, 4123.343, 4123.511, 4123.512, 4123.76, 21
4123.83, 5703.21, and 5747.18 be amended and section 4123.591 of 22
the Revised Code be enacted to read as follows: 23
Sec. 121.03. The following administrative department heads 32
shall be appointed by the governor, with the advice and consent 33
of the senate, and shall hold their offices during the term of 34
the appointing governor, except as provided in division (W)(V) of 36
this section, and are subject to removal at the pleasure of the 37
governor.
(A) The director of budget and management; 39
(B) The director of commerce; 41
(C) The director of transportation; 43
(D) The director of agriculture; 45
(E) The director of human services; 48
(F) Until July 1, 1997, the director of liquor control; 50
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(G) The director of public safety; 52
(H) The superintendent of insurance; 54
(I) The director of development; 56
(J) The tax commissioner; 58
(K) The director of administrative services; 60
(L) The administrator of the bureau of employment 62
services; 63
(M) The director of natural resources; 65
(N) The director of mental health; 67
(O) The director of mental retardation and developmental 69
disabilities; 70
(P) The director of health; 72
(Q) The director of youth services; 74
(R) The director of rehabilitation and correction; 76
(S) The director of environmental protection; 78
(T) The director of aging; 80
(U) The director of alcohol and drug addiction services; 82
(W)(V) The administrator of workers' compensation who 84
meets the qualifications required under division (A) of section 85
4121.121 of the Revised Code, who shall serve as administrator, 86
subject to removal at the pleasure of the governor, until the 87
date the workers' compensation oversight commission appoints the 89
administrator as provided in division (F)(10) of section 4121.12 91
of the Revised Code.
Sec. 4121.12. (A) There is hereby created the workers' 100
compensation oversight commission consisting of nine members, of 101
which members the governor shall appoint five with the advice and 102
consent of the senate. Of the five members the governor 103
appoints, two shall be individuals who, on account of their 105
previous vocation, employment, or affiliations, can be classed as 106
representative of employees, at least one of whom is
representative of employees who are members of an employee 107
organization; two shall be individuals who, on account of their 108
previous vocation, employment, or affiliations, can be classed as 109
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representative of employers, one of whom represents self-insuring 110
employers and one of whom has experience as an employer in 111
compliance with section 4123.35 of the Revised Code other than a 112
self-insuring employer, and one of those two representatives also
shall represent employers whose employees are not members of an 113
employee organization; and one shall represent the public and 114
also be an individual who, on account of the individual's 115
previous vocation, employment, or affiliations, cannot be classed 116
as either predominantly representative of employees or of 117
employers. The governor shall select the chairperson of the 118
commission who shall serve as chairperson at the pleasure of the 119
governor. No more than three members appointed by the governor 121
shall belong to or be affiliated with the same political party. 122
Each of these five members shall have at least three years' 124
experience in the field of insurance, finance, workers' 125
compensation, law, accounting, actuarial, personnel, investments, 126
or data processing, or in the management of an organization whose 127
size is commensurate with that of the bureau of workers' 128
compensation. At least one of these five members shall be an 129
attorney licensed under Chapter 4705. of the Revised Code to 130
practice law in this state. 131
(B) Of the initial appointments made to the commission, 134
the governor shall appoint one member who represents employees to 135
a term ending one year after September 1, 1995, one member who 136
represents employers to a term ending two years after September 138
1, 1995, the member who represents the public to a term ending 140
three years after September 1, 1995, one member who represents
employees to a term ending four years after September 1, 1995, 142
and one member who represents employers to a term ending five 143
years after September 1, 1995. Thereafter, terms of office shall
be for five years, with each term ending on the same day of the 144
same month as did the term that it succeeds. Each member shall 145
hold office from the date of the member's appointment until the 146
end of the term for which the member was appointed. 148
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The governor shall not appoint any person to more than two 150
full terms of office on the commission. This restriction does 151
not prevent the governor from appointing a person to fill a 152
vacancy caused by the death, resignation, or removal of a 153
commission member and also appointing that person twice to full 154
terms on the commission, or from appointing a person previously 155
appointed to fill less than a full term twice to full terms on 156
the commission. Any member appointed to fill a vacancy occurring 157
prior to the expiration date of the term for which the member's 159
predecessor was appointed shall hold office as a member for the
remainder of that term. A member shall continue in office 160
subsequent to the expiration date of the member's term until a 161
successor takes office or until a period of sixty days has 162
elapsed, whichever occurs first. 163
(C) In making appointments to the commission, the governor 165
shall select the members from the list of names submitted by the 167
workers' compensation oversight commission nominating committee 168
pursuant to this division. Within fourteen days after the 169
governor calls the initial meeting of the nominating committee
pursuant to division (C) of section 4121.123 of the Revised Code, 170
the nominating committee shall submit to the governor, for the 171
initial appointments, a list containing four separate names for 172
each of the members on the commission. Within fourteen days 174
after the submission of the list, the governor shall appoint 175
individuals from the list.
For the appointment of the member who is representative of 177
employees who are members of an employee organization, both for 178
initial appointments and for the filling of vacancies, the list 179
of four names submitted by the nominating committee shall be 180
comprised of four individuals who are members of the executive 181
committee of the largest statewide labor federation.
Thereafter, within sixty days after a vacancy occurring as 184
a result of the expiration of a term and within thirty days after 185
other vacancies occurring on the commission, the nominating
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committee shall submit a list containing four names for each 186
vacancy. Within fourteen days after the submission of the list, 187
the governor shall appoint individuals from the list. With 188
respect to the filling of vacancies, the nominating committee 189
shall provide the governor with a list of four individuals who 190
are, in the judgment of the nominating committee, the most fully 191
qualified to accede to membership on the commission. The 192
nominating committee shall not include the name of an individual 193
upon the list for the filling of vacancies if the appointment of
that individual by the governor would result in more than three 194
members of the commission belonging to or being affiliated with 195
the same political party. The committee shall include on the 196
list for the filling of vacancies only the names of attorneys 197
admitted to practice law in this state if, to fulfill the
requirement of division (A) of section 4121.12 of the Revised 198
Code, the vacancy must be filled by an attorney. 199
In order for the name of an individual to be submitted to 201
the governor under this division, the nominating committee shall 202
approve the individual by an affirmative vote of a majority of 203
its members.
(D) The remaining four members of the commission shall be 206
the chairperson and ranking minority member of the standing 207
committees of the house of representatives and of the senate to
which legislation concerning this chapter and Chapters 4123., 208
4127., and 4131. of the Revised Code normally are referred, or a 210
designee of the chairperson or ranking minority member, provided 211
that the designee is a member of the standing committee. 212
Legislative members shall serve during the session of the general 213
assembly to which they are elected and for as long as they are 214
members of the general assembly. Legislative members shall serve 215
in an advisory capacity to the commission and shall have no 216
voting rights on matters coming before the commission. 217
Membership on the commission by legislative members shall not be
deemed as holding a public office. 218
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(E) All members of the commission shall receive their 221
reasonable and necessary expenses pursuant to section 126.31 of 222
the Revised Code while engaged in the performance of their duties 224
as members. Legislative members also shall receive fifty dollars 225
per meeting that they attend. Members appointed by the governor 226
also shall receive an annual salary as follows:
(1) On and before August 31, 1998, not to exceed six 229
thousand dollars payable at the rate of five hundred dollars per 230
month. A member shall receive the monthly five hundred dollar 231
salary only if the member has attended at least one meeting of 233
the commission during that month. A member may receive no more
than the monthly five hundred dollar salary regardless of the 234
number of meetings held by the commission during a month or the 235
number of meetings in excess of one within a month that the 236
member attends.
(2) After August 31, 1998, not to exceed eighteen thousand 239
dollars payable on the following basis:
(a) Except as provided in division (E)(2)(b) of this 242
section, a member shall receive two thousand dollars during a 244
month in which the member attends one or more meetings of the 246
commission and shall receive no payment during a month in which 247
the member attends no meeting of the commission. 248
(b) A member may receive no more than the annual eighteen 250
thousand dollar salary regardless of the number of meetings held 252
by the commission during a year or the number of meetings in 254
excess of nine within a year that the member attends. 256
The chairperson of the commission shall set the meeting 258
dates of the commission as necessary to perform the duties of the 259
commission under this chapter and Chapters 4123., 4127., and 260
4131. of the Revised Code. The commission shall meet at least 261
nine times during the period commencing on the first day of 263
September and ending on the thirty-first day of August of the 264
following year. The administrator of workers' compensation shall 265
provide professional and clerical assistance to the commission, 267
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as the commission considers appropriate. 268
(F) The commission shall: 270
(1) Review progress of the bureau in meeting its cost and 273
quality objectives and in complying with this chapter and 274
Chapters 4123., 4127., and 4131. of the Revised Code; 275
(2) Issue an annual report on the cost and quality 277
objectives of the bureau to the president of the senate, the 279
speaker of the house of representatives, and the governor; 280
(3) Review all independent financial audits of the bureau. 282
The administrator shall provide access to records of the bureau 283
to facilitate the review required under this division. 284
(4) Study issues as requested by the administrator or the 286
governor;
(5) Contract with an independent actuarial firm to assist 288
the commission in making recommendations to the administrator 289
regarding premium rates;
(6) Establish objectives, policies, and criteria for the 292
administration of the investment program that include asset 294
allocation targets and ranges, risk factors, asset class
benchmarks, time horizons, total return objectives, and 295
performance evaluation guidelines, and monitor the 297
administrator's progress in implementing the objectives, 298
policies, and criteria on a quarterly basis. The commission
shall publish the objectives, policies, and criteria no less than 300
annually and shall make copies available to interested parties. 301
The commission shall prohibit, on a prospective basis, specific 303
investment activity it finds to be contrary to its investment
objectives, policies, and criteria. 304
The investment policy in existence on March 7, 1997, shall 307
continue until the commission approves objectives, policies, and
criteria for the administration of the investment program 308
pursuant to this section. 309
(7) Advise and consent on all of the following: 311
(a) Administrative rules the administrator submits to it 314
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pursuant to division (B)(5) of section 4121.121 of the Revised
Code for the classification of occupations or industries, for 316
premium rates and contributions, for the amount to be credited to 317
the surplus fund, for rules and systems of rating, rate 318
revisions, and merit rating;
(b) The overall policy of the bureau of workers' 321
compensation as set by the administrator;
(c) The duties and authority conferred upon the 323
administrator pursuant to section 4121.37 of the Revised Code; 324
(d) Rules the administrator adopts for the health 326
partnership program and the qualified health plan system, as 327
provided in sections 4121.44, 4121.441, and 4121.442 of the 328
Revised Code.
(8) Perform all duties required under section 4121.125 of 330
the Revised Code; 331
(9) After August 31, 2000, appoint an administrator who 333
meets the qualifications required under section 4121.121 of the 335
Revised Code and fix the salary of the administrator, the amount 337
of which the commission shall base upon the experience of the 339
administrator and the responsibilities and duties of the
administrator pursuant to this chapter and Chapters 4123., 4127., 340
and 4131. of the Revised Code. 341
(G) The commission may enter into an employment contract 343
with an administrator it appoints, provided that the contract 344
does not exceed two years in length. 345
(H) As used in this section, "employee organization" means 347
any labor or bona fide organization in which employees 349
participate and which exists for the purpose, in whole or in 351
part, of dealing with employers concerning grievances, labor 352
disputes, wages, hours, terms and other conditions of employment. 353
Sec. 4121.121. (A) There is hereby created the bureau of 362
workers' compensation, which shall be administered by the 363
administrator of workers' compensation. A person appointed to 364
the position of administrator shall possess significant 365
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management experience in effectively managing an organization or 366
organizations of substantial size and complexity. The governor 367
shall appoint the administrator as provided in section 121.03 of
the Revised Code, and the administrator shall serve at the 369
pleasure of the governor. The governor shall fix the
administrator's salary on the basis of the administrator's 371
experience and the administrator's responsibilities and duties 372
under this chapter and Chapter 4123., 4127., and 4131. of the 374
Revised Code. The governor shall not appoint to the position of
administrator any person who has, or whose spouse has, given a 376
contribution to the campaign committee of the governor in an 377
amount greater than one thousand dollars during the two-year
period immediately preceding the date of the appointment of the 378
administrator. After August 31, 2000, the workers' compensation 379
oversight commission shall appoint the administrator as provided 380
in division (F)(9) of section 4121.12 of the Revised Code, and 381
the administrator shall serve at the pleasure of the oversight 383
commission. The oversight commission shall fix the 384
administrator's salary on the basis of the administrator's
experience and the administrator's responsibilities and duties 385
under this chapter and Chapters 4123., 4127., and 4131. of the 387
Revised Code.
The administrator shall hold no other public office and 389
shall devote full time to the duties of administrator. Before 391
entering upon the duties of the office, the administrator shall 392
take an oath of office as required by sections 3.22 and 3.23 of 393
the Revised Code, and shall file in the office of the secretary 394
of state, a bond signed by the administrator and by surety
approved by the governor, for the sum of fifty thousand dollars 395
payable to the state, conditioned upon the faithful performance 396
of the administrator's duties. 397
(B) The administrator is responsible for the management of 400
the bureau of workers' compensation and for the discharge of all 401
administrative duties imposed upon the administrator in this 402
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chapter and Chapters 4123., 4127., and 4131. of the Revised Code, 403
and in the discharge thereof shall do all of the following: 404
(1) Establish the overall administrative policy of the 407
bureau for the purposes of this chapter and Chapters 4123.,
4127., and 4131. of the Revised Code, and perform all acts and 408
exercise all authorities and powers, discretionary and otherwise 410
that are required of or vested in the bureau or any of its 411
employees in this chapter and Chapters 4123., 4127., and 4131. of 412
the Revised Code, except the acts and the exercise of authority 413
and power that is required of and vested in the oversight 414
commission or the industrial commission pursuant to those 415
chapters. The treasurer of state shall honor all warrants signed 416
by the administrator, or by one or more of the administrator's 417
employees, authorized by the administrator in writing, or bearing 419
the facsimile signature of the administrator or such employee 420
under sections 4123.42 and 4123.44 of the Revised Code. 421
(2) Employ, direct, and supervise all employees required 423
in connection with the performance of the duties assigned to the 424
bureau by this chapter and Chapters 4123., 4127., and 4131. of 425
the Revised Code, and may establish job classification plans and 426
compensation for all employees of the bureau provided that this 427
grant of authority shall not be construed as affecting any 428
employee for whom the state employment relations board has 429
established an appropriate bargaining unit under section 4117.06 430
of the Revised Code. All positions of employment in the bureau 431
are in the classified civil service except those employees the 432
administrator may appoint to serve at the administrator's 433
pleasure in the unclassified civil service pursuant to section 434
124.11 of the Revised Code. The administrator shall fix the 435
salaries of employees the administrator appoints to serve at the 437
administrator's pleasure, including the chief operating officer, 438
staff physicians, and other senior management personnel of the
bureau and shall establish the compensation of staff attorneys of 439
the bureau's legal section and their immediate supervisors, and 440
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take whatever steps are necessary to provide adequate 441
compensation for other staff attorneys. 442
The administrator may appoint a person holding a certified 444
position in the classified service to any state position in the 445
unclassified service of the bureau of workers' compensation. A 446
person so appointed shall retain the right to resume the position 448
and status held by the person in the classified service
immediately prior to the person's appointment in the unclassified 450
service. If the position the person previously held has been 451
filled or placed in the unclassified service, or is otherwise 452
unavailable, the person shall be appointed to a position in the 453
classified service within the bureau that the department of 454
administrative services certifies is comparable in compensation
to the position the person previously held. Reinstatement to a 455
position in the classified service shall be to a position 456
substantially equal to that held previously, as certified by the 457
department of administrative services. Service in the position 458
in the unclassified service shall be counted as service in the 460
position in the classified service held by the person immediately 461
prior to the person's appointment in the unclassified service. 462
when a person is reinstated to a position in the classified 463
service as provided in this section, the person is entitled to 464
all rights, status, and benefits accruing to the position during 465
the person's time of service in the position in the unclassified 466
service. 467
(3) Reorganize the work of the bureau, its sections, 469
departments, and offices to the extent necessary to achieve the 470
most efficient performance of its functions and to that end may 471
establish, change, or abolish positions and assign and reassign 472
duties and responsibilities of every employee of the bureau. All 473
persons employed by the commission in positions that, after 474
November 3, 1989, are supervised and directed by the 475
administrator under this section are transferred to the bureau in 476
their respective classifications but subject to reassignment and 477
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reclassification of position and compensation as the 478
administrator determines to be in the interest of efficient 479
administration. The civil service status of any person employed 480
by the commission is not affected by this section. Personnel 481
employed by the bureau or the commission who are subject to 482
Chapter 4117. of the Revised Code shall retain all of their 483
rights and benefits conferred pursuant to that chapter as it 484
presently exists or is hereafter amended and nothing in this 485
chapter or Chapter 4123. of the Revised Code shall be construed 486
as eliminating or interfering with Chapter 4117. of the Revised 487
Code or the rights and benefits conferred under that chapter to 488
public employees or to any bargaining unit. 489
(4) Provide offices, equipment, supplies, and other 491
facilities for the bureau. The administrator also shall provide 493
suitable office space in the service offices for the district 494
hearing officers, the staff hearing officers, and commission 495
employees as requested by the commission.
(5) Prepare and submit to the oversight commission 497
information the administrator considers pertinent or the 498
oversight commission requires, together with the administrator's 500
recommendations, in the form of administrative rules, for the 501
advice and consent of the oversight commission, for 502
classifications of occupations or industries, for premium rates 503
and contributions, for the amount to be credited to the surplus 504
fund, for rules and systems of rating, rate revisions, and merit 505
rating. The administrator shall obtain, prepare, and submit any 506
other information the oversight commission requires for the 508
prompt and efficient discharge of its duties.
(6) Keep the accounts required by division (A) of section 510
4123.34 of the Revised Code and all other accounts and records 511
necessary to the collection, administration, and distribution of 512
the workers' compensation funds and shall obtain the statistical 513
and other information required by section 4123.19 of the Revised 514
Code. 515
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(7) Exercise the investment powers vested in the 517
administrator by section 4123.44 of the Revised Code in 518
accordance with the investment objectives, policies, and criteria 520
established by the oversight commission pursuant to section 521
4121.12 of the Revised Code. The administrator shall not engage 522
in any prohibited investment activity specified by the oversight 523
commission pursuant to division (F)(6) of section 4121.12 of the 524
Revised Code. All business shall be transacted, all funds 525
invested, all warrants for money drawn and payments made, and all 526
cash and securities and other property held, in the name of the 527
bureau, or in the name of its nominee, provided that nominees are
authorized by the administrator solely for the purpose of 529
facilitating the transfer of securities, and restricted to the 530
administrator and designated employees. 531
(8) Make contracts for and supervise the construction of 534
any project or improvement or the construction or repair of 535
buildings under the control of the bureau. 536
(9) Purchase supplies, materials, equipment, and services; 538
make contracts for, operate, and superintend the telephone, other 539
telecommunication, and computer services for the use of the 540
bureau; and make contracts in connection with office 541
reproduction, forms management, printing, and other services. 542
Notwithstanding sections 125.12 to 125.14 of the Revised Code, 543
the administrator may transfer surplus computers and computer
equipment directly to an accredited public school within the 544
state. The computers and computer equipment may be repaired or 545
refurbished prior to the transfer. 546
(10) Separately from the budget the industrial commission 549
submits, prepare and submit to the director of budget and 550
management a budget for each biennium. The budget submitted 551
shall include estimates of the costs and necessary expenditures 552
of the bureau in the discharge of any duty imposed by law as well 553
as the costs of furnishing office space to the district hearing 554
officers, staff hearing officers, and commission employees under 555
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division (D) of this section. 556
(11) As promptly as possible in the course of efficient 558
administration, decentralize and relocate such of the personnel 559
and activities of the bureau as is appropriate to the end that 560
the receipt, investigation, determination, and payment of claims 561
may be undertaken at or near the place of injury or the residence 562
of the claimant and for that purpose establish regional offices, 563
in such places as the administrator considers proper, capable of 565
discharging as many of the functions of the bureau as is 566
practicable so as to promote prompt and efficient administration 567
in the processing of claims. All active and inactive lost-time 568
claims files shall be held at the service office responsible for 569
the claim. A claimant, at the claimant's request, shall be 570
provided with information by telephone as to the location of the 572
file pertaining to claim. The administrator shall ensure that 573
all service office employees report directly to the director for 574
their service office.
(12) Provide a written binder on new coverage where the 576
administrator considers it to be in the best interest of the 577
risk. The administrator, or any other person authorized by the 578
administrator, shall grant the binder upon submission of a 580
request for coverage by the employer. A binder is effective for 581
a period of thirty days from date of issuance and is 582
nonrenewable. Payroll reports and premium charges shall coincide 583
with the effective date of the binder. 584
(13) Set standards for the reasonable and maximum handling 586
time of claims payment functions, ensure, by rules, the impartial 587
and prompt treatment of all claims and employer risk accounts, 588
and establish a secure, accurate method of time stamping all 589
incoming mail and documents hand delivered to bureau employees. 590
(14) Ensure that all employees of the bureau follow the 592
orders and rules of the commission as such orders and rules 593
relate to the commission's overall adjudicatory policy-making and 594
management duties under this chapter and Chapters 4123., 4127., 595
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and 4131. of the Revised Code. 596
(15) Manage and operate a data processing system with a 598
common data base for the use of both the bureau and the 599
commission and, in consultation with the commission, using 600
electronic data processing equipment, shall develop a claims 601
tracking system that is sufficient to monitor the status of a 602
claim at any time and that lists appeals that have been filed and 603
orders or determinations that have been issued pursuant to 604
section 4123.511 or 4123.512 of the Revised Code, including the 605
dates of such filings and issuances. 606
(16) Establish and maintain a medical section within the 608
bureau. The medical section shall do all of the following: 609
(a) Assist the administrator in establishing standard 611
medical fees, approving medical procedures, and determining 612
eligibility and reasonableness of the compensation payments for 613
medical, hospital, and nursing services, and in establishing 614
guidelines for payment policies which recognize usual, customary, 615
and reasonable methods of payment for covered services; 616
(b) Provide a resource to respond to questions from claims 618
examiners for employees of the bureau; 619
(c) Audit fee bill payments; 621
(d) Implement a program to utilize, to the maximum extent 623
possible, electronic data processing equipment for storage of 624
information to facilitate authorizations of compensation payments 625
for medical, hospital, drug, and nursing services; 626
(e) Perform other duties assigned to it by the 628
administrator. 629
(17) Appoint, as the administrator determines necessary, 631
panels to review and advise the administrator on disputes arising 633
over a determination that a health care service or supply 634
provided to a claimant is not covered under this chapter or 635
Chapter 4123. of the Revised Code or is medically unnecessary. 636
If an individual health care provider is involved in the dispute, 637
the panel shall consist of individuals licensed pursuant to the 638
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same section of the Revised Code as such health care provider. 639
(18) Pursuant to section 4123.65 of the Revised Code, 641
approve applications for the final settlement of claims for 642
compensation or benefits under this chapter and Chapters 4123., 643
4127., and 4131. of the Revised Code as the administrator 644
determines appropriate, except in regard to the applications of 646
self-insuring employers and their employees. 647
(19) Comply with section 3517.13 of the Revised Code, and 649
except in regard to contracts entered into pursuant to the 651
authority contained in section 4121.44 of the Revised Code,
comply with the competitive bidding procedures set forth in the 653
Revised Code for all contracts into which the administrator 654
enters provided that those contracts fall within the type of 655
contracts and dollar amounts specified in the Revised Code for 656
competitive bidding and further provided that those contracts are
not otherwise specifically exempt from the competitive bidding 657
procedures contained in the Revised Code. 658
(20) Adopt, with the advice and consent of the oversight 660
commission, rules for the operation of the bureau. 661
(21) Prepare and submit to the oversight commission 663
information the administrator considers pertinent or the 664
oversight commission requires, together with the administrator's 665
recommendations, in the form of administrative rules, for the 666
advice and consent of the oversight commission, for the health 667
partnership program and the qualified health plan system, as
provided in sections 4121.44, 4121.441, and 4121.442 of the 668
Revised Code.
(C) The administrator, with the advice and consent of the 670
senate, shall appoint a chief operating officer who has 672
significant experience in the field of workers' compensation 673
insurance or other similar insurance industry experience if the
administrator does not possess such experience. The chief 674
operating officer shall not commence the chief operating 675
officer's duties until after the senate consents to the chief 676
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operating officer's appointment. The chief operating officer 677
shall serve in the unclassified civil service of the state. 678
Sec. 4121.37. The administrator of workers' compensation 687
having, by virtue of Section 35 of Article II, Ohio Constitution, 688
the expenditure of the fund therein created for the investigation 689
and prevention of industrial accidents and diseases, shall, with 690
the advice and consent of the workers' compensation oversight 691
commission, in the exercise of the administrator's authority and 692
in the performance of the administrator's duty, employ a 693
superintendent and the necessary experts, engineers,
investigators, clerks, and stenographers for the efficient 694
operation of a division of safety and hygiene of the bureau of 695
workers' compensation, which is hereby created. 696
The general assembly hereby declares that in furtherance of 698
the authority granted to the administrator pursuant to Section 35 699
of Article II, Ohio Constitution, and to encourage public 700
employers to operate and maintain safe places of employment for 701
public employees of this state, the administrator, with the 703
advice and consent of the oversight commission, may transfer 704
funds, certified as provided in section 126.07 of the Revised 706
Code, from the safety and hygiene fund to the occupational safety 708
loan fund created in section 4121.48 of the Revised Code, for the 709
purposes of that section. 710
The administrator of workers' compensation, with the advice 713
and consent of the oversight commission, shall pay into the
safety and hygiene fund, which is hereby created in the state 715
treasury, the portion of the contributions paid by employers, 716
calculated as though all employers paid premiums based upon 717
payroll, not to exceed three-fourths of one ONE per cent thereof 718
in any year, as is necessary for the payment of the salary of the 719
superintendent of the division of safety and hygiene and the 720
compensation of the other employees of the division of safety and 721
hygiene, and the expenses of investigations and researches for 722
the prevention of industrial accidents and diseases. All 723
18
investment earning of the fund shall be credited to the fund. 724
The administrator has the same powers to invest any of the funds 725
belonging to the fund as are delegated to the administrator under 726
section 4123.44 of the Revised Code with respect to the state 727
insurance fund. The superintendent, under the direction of the 729
administrator, with the advice and consent of the oversight 730
commission, shall conduct investigations and researches for the
prevention of industrial accidents and diseases, conduct loss 731
prevention programs and courses for employers, establish and 732
administrate cooperative programs with employers for the purchase 733
of individual safety equipment for employees, and print and 734
distribute information as may be of benefit to employers and 735
employees. The administrator shall pay from the safety and 736
hygiene fund the salary of the superintendent of the division of 737
safety and hygiene, the compensation of the other employees of 739
the division of safety and hygiene, the expenses necessary or 740
incidental to investigations and researches for the prevention of 741
industrial accidents and diseases, and the cost of printing and 743
distributing such information.
The superintendent, under the direction of the 745
administrator, shall prepare an annual report, addressed to the 746
governor, on the amount of the expenditures and the purposes for 747
which they have been made, and the results of the investigations 748
and researches. The administrator shall include the 749
administrative costs, salaries, and other expenses of the 750
division of safety and hygiene as a part of the budget of the 751
bureau of workers' compensation that is submitted to the director 753
of budget and management and shall identify those expenditures
separately from other bureau expenditures. 754
The superintendent shall be a competent person with at 756
least five years' experience in industrial accident or disease 757
prevention work. The superintendent and up to six positions in 758
the division of safety and hygiene as the administrator, with the 759
advice and consent of the oversight commission, designates are in 760
19
the unclassified civil service of the state as long as the 761
administrator, with the advice and consent of the oversight 762
commission, determines the positions subordinate to the 763
superintendent are primarily and distinctively administrative, 764
managerial, or professional in character. All other full-time 765
employees of the division of safety and hygiene are in the 766
classified civil service of the state. 767
Sec. 4121.44. (A) The administrator of workers' 776
compensation shall oversee the implementation of the Ohio 777
workers' compensation qualified health plan system as established 778
under section 4121.442 of the Revised Code. 779
(B) The administrator shall direct the implementation of 782
the health partnership program administered by the bureau as set 783
forth in section 4121.441 of the Revised Code. To implement the 784
health partnership program, the bureau:
(1) Shall certify one or more external vendors to provide 786
medical management and cost containment services in the health 787
partnership program for a period of two years beginning on the 789
date of certification, consistent with the standards established 790
under this section;
(2) May recertify external vendors for an additional 793
period PERIODS of two years upon the expiration of the 794
certification set forth in division (B)(1) of this section; and 796
(3) May integrate the certified vendors with bureau staff 799
and existing bureau services for purposes of operation and
training to allow the bureau to assume operation of the health 800
partnership program at the conclusion of the certification 802
periods set forth in division (B)(1) or (2) of this section. 803
(C) Any vendor selected shall demonstrate all of the 805
following: 806
(1) Arrangements and reimbursement agreements with a 808
substantial number of the medical, professional and pharmacy 809
providers currently being utilized by claimants. 810
(2) Ability to accept a common format of medical bill data 812
20
in an electronic fashion from any provider who wishes to submit 813
medical bill data in that form. 814
(3) A computer system able to handle the volume of medical 816
bills and willingness to customize that system to the bureau's 818
needs and to be operated by the vendor's staff, bureau staff, or 819
some combination of both staffs.
(4) A prescription drug system where pharmacies on a 821
statewide basis have access to the eligibility and pricing, at a 822
discounted rate, of all prescription drugs. 823
(5) A tracking system to record all telephone calls from 825
claimants and providers regarding the status of submitted medical 827
bills so as to be able to track each inquiry.
(6) Data processing capacity to absorb all of the bureau's 829
medical bill processing or at least that part of the processing 830
which the bureau arranges to delegate. 831
(7) Capacity to store, retrieve, array, simulate, and 833
model in a relational mode all of the detailed medical bill data 834
so that analysis can be performed in a variety of ways and so 835
that the bureau and its governing authority can make informed 836
decisions. 837
(8) Wide variety of software programs which translate 839
medical terminology into standard codes, and which reveal if a 840
provider is manipulating the procedures codes, commonly called 842
"unbundling."
(9) Necessary professional staff to conduct, at a minimum, 844
authorizations for treatment, medical necessity, utilization 845
review, concurrent review, post-utilization review, and have the 846
attendant computer system which supports such activity and 847
measures the outcomes and the savings. 848
(10) Management experience and flexibility to be able to 850
react quickly to the needs of the bureau in the case of required 851
change in federal or state requirements. 852
(D) The administrator may limit freedom of choice of 856
health care provider or supplier by requiring, beginning with the 857
21
period set forth in division (B)(1) or (2) of this section, that 858
claimants shall pay an appropriate out-of-plan co-pay COPAYMENT 860
for selecting a medical provider not within the health 862
partnership program as provided for in this section.
(E) The administrator, six months prior to the expiration 865
of the bureau's certification or recertification of the vendor or 866
vendors as set forth in division (B)(1) or (2) of this section, 868
may certify and provide evidence to the governor, the speaker of 869
the house of representatives, and the president of the senate 870
that the existing bureau staff is able to match or exceed the 871
performance and outcomes of the external vendor or vendors and 872
that the bureau should be permitted to internally administer the 873
health partnership program upon the expiration of the 874
certification or recertification as set forth in division (B)(1) 875
or (2) of this section.
(F) The administrator shall establish and operate a bureau 877
of workers' compensation health care data program. The 879
administrator may contract with the Ohio health care data center 880
for such purposes. The administrator shall develop reporting 881
requirements from all employees, employers and medical providers, 882
medical vendors, and plans that participate in the workers' 883
compensation system. The administrator shall do all of the 884
following:
(1) Utilize the collected data to measure and perform 886
comparison analyses of costs, quality, appropriateness of medical 887
care, and effectiveness of medical care delivered by all 889
components of the workers' compensation system.
(2) Compile data to support activities of the selected 891
vendor or vendors and to measure the outcomes and savings of the 892
health partnership program. 893
(3) Publish and report compiled data to the governor, the 895
speaker of the house of representatives, and the president of the 896
senate on the first day of each January and July, the measures of 898
outcomes and savings of the health partnership program and the 899
22
qualified health plan system. The administrator shall protect 900
the confidentiality of all proprietary pricing data. 901
(G) Any rehabilitation facility the bureau operates is 903
eligible for inclusion in the Ohio workers' compensation 904
qualified health plan system or the health partnership program 905
under the same terms as other providers within health care plans 906
or the program. 907
(H) In areas outside the state or within the state where 909
no qualified health plan or an inadequate number of providers 910
within the health partnership program exist, the administrator 911
shall permit employees to use a nonplan or nonprogram health care 912
provider and shall pay the provider for the services or supplies 913
provided to or on behalf of an employee for an injury or 914
occupational disease that is compensable under this chapter or 915
Chapter 4123., 4127., or 4131. of the Revised Code on a fee 916
schedule the administrator adopts. 917
(I) No certified health care provider shall charge, 919
assess, or otherwise attempt to collect from an employee, 920
employer, a managed care organization, or the bureau any amount 921
for covered services or supplies that is in excess of the allowed 922
amount paid by a managed care organization, the bureau, or a 923
qualified health plan. 924
(J) The administrator shall permit any employer or group 926
of employers who agree to abide by the rules adopted under this 927
section and sections 4121.441 and 4121.442 of the Revised Code to 928
provide services or supplies to or on behalf of an employee for 929
an injury or occupational disease that is compensable under this 930
chapter or Chapter 4123., 4127., or 4131. of the Revised Code 931
through qualified health plans of the Ohio workers' compensation 932
qualified health plan system pursuant to section 4121.442 of the 933
Revised Code or through the health partnership program pursuant 934
to section 4121.441 of the Revised Code. No amount paid under 935
the qualified health plan system pursuant to section 4121.442 of 936
the Revised Code by an employer who is a state fund employer 937
23
shall be charged to the employer's experience or otherwise be 938
used in merit-rating or determining the risk of that employer for 939
the purpose of the payment of premiums under this chapter, and if 940
the employer is a self-insuring employer, the employer shall not 941
include that amount in the paid compensation the employer reports 943
under section 4123.35 of the Revised Code.
Sec. 4121.63. Claimants who the administrator of workers' 952
compensation determines could probably be rehabilitated to 953
achieve the goals established by section 4121.61 of the Revised 954
Code and who agree to undergo rehabilitation shall be paid living 955
maintenance payments for a period or periods which do not exceed 956
six months in the aggregate, unless review by the administrator 957
or his THE ADMINISTRATOR'S designee reveals that the claimant 958
will be benefited by an extension of such payments. 959
Living maintenance payments shall be paid in weekly 961
amounts, not to exceed the amount the claimant would receive if 962
the claimant were being compensated for temporary total 963
disability, but not less than fifty per cent of the current state 964
average weekly wage. LIVING MAINTENANCE PAYMENTS SHALL COMMENCE 965
AT THE TIME THE CLAIMANT BEGINS TO PARTICIPATE IN AN APPROVED 966
REHABILITATION PROGRAM.
A claimant receiving living maintenance payments shall be 968
deemed to be temporarily totally disabled and shall receive no 969
payment of any type of compensation except as provided by 970
division (B) of section 4123.57 of the Revised Code for the 971
periods during which the claimant is receiving living maintenance 972
payments. 973
Sec. 4123.343. This section shall be construed liberally 982
to the end that employers shall be encouraged to employ and 983
retain in their employment handicapped employees as defined in 984
this section. 985
(A) As used in this section, "handicapped employee" means 987
an employee who is afflicted with or subject to any physical or 988
mental impairment, or both, whether congenital or due to an 989
24
injury or disease of such character that the impairment 990
constitutes a handicap in obtaining employment or would 991
constitute a handicap in obtaining reemployment if the employee 992
should become unemployed and whose handicap is due to any of the 993
following diseases or conditions: 994
(1) Epilepsy; 996
(2) Diabetes; 998
(3) Cardiac disease; 1,000
(4) Arthritis; 1,002
(5) Amputated foot, leg, arm, or hand; 1,004
(6) Loss of sight of one or both eyes or a partial loss of 1,006
uncorrected vision of more than seventy-five per cent 1,007
bilaterally; 1,008
(7) Residual disability from poliomyelitis; 1,010
(8) Cerebral palsy; 1,012
(9) Multiple sclerosis; 1,014
(10) Parkinson's disease; 1,016
(11) Cerebral vascular accident; 1,018
(12) Tuberculosis; 1,020
(13) Silicosis; 1,022
(14) Psycho-neurotic disability following treatment in a 1,024
recognized medical or mental institution; 1,025
(15) Hemophilia; 1,027
(16) Chronic osteomyelitis; 1,029
(17) Ankylosis of joints; 1,031
(18) Hyper insulinism; 1,033
(19) Muscular dystrophies; 1,035
(20) Arterio-sclerosis; 1,037
(21) Thrombo-phlebitis; 1,039
(22) Varicose veins; 1,041
(23) Cardiovascular, pulmonary, or respiratory diseases of 1,043
a fire fighter FIREFIGHTER or police officer employed by a 1,044
municipal corporation or township as a regular member of a 1,045
lawfully constituted police department or fire department; 1,046
25
(24) Coal miners' pneumoconiosis, commonly referred to as 1,048
"black lung disease"; 1,049
(25) Disability with respect to which an individual has 1,051
completed a rehabilitation program conducted pursuant to sections 1,052
4121.61 to 4121.69 of the Revised Code. 1,053
(B) Under the circumstances set forth in this section all 1,055
or such portion as the administrator determines of the 1,056
compensation and benefits paid in any claim arising hereafter 1,057
shall be charged to and paid from the statutory surplus fund 1,058
created under section 4123.34 of the Revised Code and only the 1,059
portion remaining shall be merit-rated or otherwise treated as 1,060
part of the accident or occupational disease experience of the 1,061
employer. If the employer is a self-insuring employer, the 1,062
proportion of such costs whether charged to the statutory surplus 1,063
fund in whole or in part shall be by way of direct payment to 1,064
such employee or his THE EMPLOYEE'S dependents or by way of 1,065
reimbursement to the self-insuring employer as the circumstances 1,066
indicate. The provisions of this section apply only in cases of 1,067
death, total disability, whether temporary or permanent, and all 1,068
disabilities compensated under division (B) of section 4123.57 of 1,069
the Revised Code. The administrator shall adopt rules specifying 1,070
the grounds upon which charges to the statutory surplus fund are 1,071
to be made. The rules shall prohibit as a grounds any agreement 1,072
between employer and claimant as to the merits of a claim and the 1,073
amount of the charge. 1,074
(C) Any employer who advises the bureau of workers' 1,076
compensation prior to the occurrence of an injury or occupational 1,077
disease that it has in its employ a handicapped employee is 1,078
entitled, in the event the person is injured, to a determination 1,079
under this section. Any employer who fails to notify the bureau 1,080
but applies for a determination under this section is entitled to 1,081
a determination if the bureau finds that there was good cause for 1,082
the failure to give notice of the employment of the handicapped 1,083
employee. The bureau annually shall require employers to file an 1,084
26
inventory of current handicapped employees. 1,085
An employer shall file an application UNDER THIS SECTION 1,087
for a determination with the bureau or commission in the same 1,089
manner as other claims. An application only may be made in cases 1,090
where a handicapped employee or his A HANDICAPPED EMPLOYEE'S 1,091
dependents claim or is receiving an award of compensation as a 1,092
result of an injury or occupational disease occurring or 1,093
contracted on or after the date on which division (A) of this 1,094
section first included the handicap of such employee. 1,095
(D) The circumstances under and the manner in which an 1,097
apportionment under this section shall be made are: 1,098
(1) Whenever a handicapped employee is injured or disabled 1,100
or dies as the result of an injury or occupational disease 1,101
sustained in the course of and arising out of his A HANDICAPPED 1,102
EMPLOYEE'S employment in this state and the administrator awards 1,103
compensation therefor and when it appears to the satisfaction of 1,105
the administrator that the injury or occupational disease or the 1,106
death resulting therefrom would not have occurred but for the 1,107
pre-existing physical or mental impairment of the handicapped 1,108
employee, all compensation and benefits payable on account of the 1,109
disability or death shall be paid from the surplus fund. 1,110
(2) Whenever a handicapped employee is injured or disabled 1,112
or dies as a result of an injury or occupational disease and the 1,113
administrator finds that the injury or occupational disease would 1,114
have been sustained or suffered without regard to the employee's 1,115
pre-existing impairment but that the resulting disability or 1,116
death was caused at least in part through aggravation of the 1,117
employee's pre-existing disability, the administrator shall 1,118
determine in a manner that is equitable and reasonable and based 1,119
upon medical evidence the amount of disability or proportion of 1,120
the cost of the death award that is attributable to the 1,121
employee's pre-existing disability and the amount found shall be 1,123
charged to the statutory surplus fund.
(E) The benefits and provisions of this section apply only 1,125
27
to employers who have complied with this chapter either through 1,126
insurance with the state fund or as a self-insuring employer. 1,127
(F) No employer shall in any year receive credit under 1,129
this section in an amount greater than the premium he THE 1,130
EMPLOYER paid if a state fund employer or greater than his THE 1,131
EMPLOYER'S assessments if a self-insuring employer. 1,132
(G) Self-insuring employers may, for all claims made after 1,134
January 1, 1987, for compensation and benefits under this 1,135
section, pay the compensation and benefits directly to the 1,136
employee or the employee's dependents. If such an employer 1,137
chooses to pay compensation and benefits directly, he THE 1,138
EMPLOYER shall receive no money or credit from the surplus fund 1,139
for the payment under this section, nor shall he THE EMPLOYER be 1,140
required to pay any amounts into the surplus fund that otherwise 1,141
would be assessed for handicapped reimbursements for claims made 1,142
after January 1, 1987. Where a self-insuring employer elects to 1,143
pay for compensation and benefits pursuant to this section, he 1,144
THE EMPLOYER shall assume responsibility for compensation and 1,145
benefits arising out of claims made prior to January 1, 1987, and 1,146
shall not be required to pay any amounts into the surplus fund 1,147
and may not receive any money or credit from that fund on account 1,148
of this section. The election made under this division is 1,149
irrevocable.
(H) An order issued by the administrator pursuant to this 1,151
section is appealable under section 4123.511 of the Revised Code 1,152
but is not appealable to court under section 4123.512 of the 1,153
Revised Code. 1,154
Sec. 4123.511. (A) Within seven days after receipt of any 1,165
claim under this chapter, the bureau of workers' compensation
shall notify the claimant and the employer of the claimant of the 1,166
receipt of the claim and of the facts alleged therein. If the 1,167
bureau receives from a person other than the claimant written or 1,168
telecommunicated information indicating that an injury or 1,169
occupational disease has occurred or been contracted with may be 1,170
28
compensable under this chapter, the bureau shall notify the 1,171
employee and the employer of the information. If the information 1,172
is provided by any method of telecommunication, the person 1,173
providing the information shall provide written verification of 1,174
the information to the bureau according to division (E) of 1,175
section 4123.84 of the Revised Code. The receipt of the 1,176
information in writing, or if by a method of telecommunications, 1,177
the written verification, and the notice by the bureau shall be 1,178
considered an application for compensation under section 4123.84 1,179
or 4123.85 of the Revised Code provided that the conditions of 1,180
division (E) of section 4123.84 of the Revised Code apply to 1,181
information provided by a method of telecommunication. Upon 1,182
receipt of a claim, the bureau shall advise the claimant of the 1,183
claim number assigned and the claimant's right to representation 1,184
in the processing of a claim or to elect no representation. If 1,185
the bureau determines that a claim is determined to be a 1,186
compensable lost-time claim, the bureau shall notify the claimant 1,187
and the employer of the availability of rehabilitation services. 1,188
No bureau or industrial commission employee shall directly or 1,189
indirectly convey any information in derogation of this right. 1,190
This section shall in no way abrogate the bureau's responsibility 1,191
to aid and assist a claimant in the filing of a claim and to 1,192
advise the claimant of the claimant's rights under the law. 1,193
The administrator of workers' compensation shall assign all 1,195
claims and investigations to the bureau service office from which 1,196
investigation and determination may be made most expeditiously. 1,197
The bureau shall investigate the facts concerning an injury 1,199
or occupational disease and ascertain such facts in whatever 1,200
manner is most appropriate and may obtain statements of the 1,201
employee, employer, attending physician, and witnesses in 1,202
whatever manner is most appropriate. 1,203
(B)(1) Except as provided in division (B)(2) of this 1,205
section, in claims other than those in which the employer is a 1,206
self-insuring employer, if the administrator determines under 1,207
29
division (A) of this section that a claimant is or is not 1,208
entitled to an award of compensation or benefits, the 1,209
administrator shall issue an order, no sooner than twenty-one 1,210
days but no later than twenty-eight days after the sending of the 1,213
notice under division (A) of this section, granting or denying 1,214
the payment of the compensation or benefits, or both as is 1,215
appropriate to the claimant. Notwithstanding the time limitation 1,216
specified in this division for the issuance of an order, if a 1,217
medical examination of the claimant is required by statute, the 1,218
administrator promptly shall schedule the claimant for that
examination and shall issue an order no later than twenty-eight 1,219
days after receipt of the report of the examination. The 1,220
administrator shall notify the claimant and the employer of the 1,222
claimant and their respective representatives in writing of the 1,223
nature of the order and the amounts of compensation and benefit 1,224
payments involved. The employer or claimant may appeal the order 1,225
pursuant to division (C) of this section within fourteen days 1,226
after the date of the receipt of the order. The employer and 1,227
claimant may waive, in writing, their rights to an appeal under 1,228
this division.
(2) Notwithstanding the time limitation specified in 1,230
division (B)(1) of this section for the issuance of an order, if 1,231
the employer certifies a claim for payment of compensation or 1,232
benefits, or both, to a claimant, and the administrator has 1,233
completed the investigation of the claim, the payment of benefits 1,235
or compensation, or both, as is appropriate, shall commence upon 1,236
the later of the date of the certification or completion of the 1,237
investigation and issuance of the order by the administrator, 1,238
provided that the administrator shall issue the order no later 1,239
than the time limitation specified in division (B)(1) of this 1,240
section. 1,241
(3) If an appeal is made under division (B)(1) or (2) of 1,243
this section, the administrator shall forward the claim file to 1,244
the appropriate district hearing officer within seven days of the 1,245
30
appeal. In contested claims other than state fund claims, the 1,246
administrator shall forward the claim within seven days of the 1,247
administrator's receipt of the claim to the commission, which 1,249
shall refer the claim to an appropriate district hearing officer 1,250
for a hearing in accordance with division (C) of this section. 1,251
(C) If an employer or claimant timely appeals the order of 1,253
the administrator issued under division (B) of this section or in 1,254
the case of other contested claims other than state fund claims, 1,255
the commission shall refer the claim to an appropriate district 1,256
hearing officer according to rules the commission adopts under 1,257
section 4121.36 of the Revised Code. The district hearing 1,258
officer shall notify the parties and their respective 1,259
representatives of the time and place of the hearing. 1,260
The district hearing officer shall hold a hearing on a 1,262
disputed issue or claim within forty-five days after the filing 1,264
of the appeal under this division and issue a decision within 1,265
seven days after holding the hearing. The district hearing 1,266
officer shall notify the parties and their respective
representatives in writing of the order. Any party may appeal an 1,268
order issued under this division pursuant to division (D) of this 1,269
section within fourteen days after receipt of the order under 1,270
this division. 1,271
(D) Upon the timely filing of an appeal of the order of 1,273
the district hearing officer issued under division (C) of this 1,274
section, the commission shall refer the claim file to an 1,275
appropriate staff hearing officer according to its rules adopted 1,276
under section 4121.36 of the Revised Code. The staff hearing 1,277
officer shall hold a hearing within forty-five days after the 1,278
filing of an appeal under this division and issue a decision 1,279
within seven days after holding the hearing under this division. 1,282
The staff hearing officer shall notify the parties and their 1,283
respective representatives in writing his OF THE STAFF HEARING
OFFICER'S order. Any party may appeal an order issued under this 1,285
division pursuant to division (E) of this section within fourteen 1,286
31
days after receipt of the order under this division. 1,287
(E) Upon the filing of a timely appeal of the order of the 1,289
staff hearing officer issued under division (D) of this section, 1,290
the commission or a designated staff hearing officer, on behalf 1,291
of the commission, shall determine whether the commission will 1,293
hear the appeal. If the commission or the designated staff
hearing officer decides to hear the appeal, the commission or the 1,295
designated staff hearing officer shall notify the parties and 1,296
their respective representatives in writing of the time and place 1,297
of the hearing. The commission shall hold the hearing within 1,298
forty-five days after the filing of the notice of appeal and, 1,299
within seven days after the conclusion of the hearing, the 1,300
commission shall issue its order affirming, modifying, or 1,301
reversing the order issued under division (D) of this section. 1,302
The commission shall notify the parties and their respective 1,303
representatives in writing of the order. If the commission or 1,304
the designated staff hearing officer determines not to hear the 1,305
appeal, within fourteen days after the filing of the notice of 1,306
appeal, the commission or the designated staff hearing officer 1,307
shall issue an order to that effect and notify the parties and
their respective representatives in writing of that order. 1,308
Except as otherwise provided in this chapter and Chapters 1,310
4121., 4127., and 4131. of the Revised Code, any party may appeal 1,311
an order issued under this division to the court pursuant to 1,312
section 4123.512 of the Revised Code within sixty days after 1,313
receipt of the order, subject to the limitations contained in 1,314
that section. 1,315
(F) Every notice of an appeal from an order issued under 1,317
divisions (B), (C), (D), and (E) of this section shall state the 1,318
names of the claimant and employer, the number of the claim, the 1,319
date of the decision appealed from, and the fact that the 1,320
appellant appeals therefrom. 1,321
(G) All of the following apply to the proceedings under 1,323
divisions (C), (D), and (E) of this section: 1,324
32
(1) The parties shall proceed promptly and without 1,326
continuances except for good cause; 1,327
(2) The parties, in good faith, shall engage in the free 1,329
exchange of information relevant to the claim prior to the 1,330
conduct of a hearing according to the rules the commission adopts 1,331
under section 4121.36 of the Revised Code; 1,332
(3) The administrator is a party and may appear and 1,334
participate at all administrative proceedings on behalf of the 1,335
state insurance fund. However, in cases in which the employer is 1,336
represented, the administrator shall neither present arguments 1,337
nor introduce testimony that is cumulative to that presented or 1,338
introduced by the employer or the employer's representative. The 1,339
administrator may file an appeal under this section on behalf of
the state insurance fund; however, except in cases arising under 1,340
section 4123.343 of the Revised Code, the administrator only may 1,341
appeal questions of law or issues of fraud when the employer 1,342
appears in person or by representative.
(H) Except as provided in SECTION 4121.63 OF THE REVISED 1,344
CODE AND division (J) of this section, payments of compensation 1,345
to a claimant or on behalf of a claimant as a result of any order 1,346
issued under this chapter shall commence upon the earlier of the 1,347
following:
(1) Fourteen days after the date the administrator issues 1,349
an order under division (B) of this section, unless that order is 1,350
appealed; 1,351
(2) Twenty-one days after the date when the employer has 1,353
waived the right to appeal a decision issued under division (B) 1,354
of this section;
(3) If no appeal of an order has been filed under this 1,356
section or to a court under section 4123.512 of the Revised Code, 1,357
the expiration of the time limitations for the filing of an 1,358
appeal of an order; 1,359
(4) The date of receipt by the employer of an order of a 1,361
district hearing officer, a staff hearing officer, or the 1,363
33
industrial commission issued under division (C), (D), or (E) of 1,364
this section.
(I) No medical benefits payable under this chapter or 1,366
Chapter 4121., 4127., or 4131. of the Revised Code are payable 1,367
until the earlier of the following: 1,368
(1) The date of the issuance of the staff hearing 1,370
officer's order under division (D) of this section; 1,371
(2) The date of the final administrative or judicial 1,373
determination. 1,374
(J) Upon the final administrative or judicial 1,376
determination under this section or section 4123.512 of the 1,377
Revised Code of an appeal of an order to pay compensation, if a 1,378
claimant is found to have received compensation pursuant to a 1,379
prior order which is reversed upon subsequent appeal, the 1,380
claimant's employer, if a self-insuring employer, or the bureau, 1,382
shall withhold from any amount to which the claimant becomes 1,383
entitled pursuant to any claim, past, present, or future, under 1,384
Chapter 4121., 4123., 4127., or 4131. of the Revised Code, the 1,385
amount of previously paid compensation to the claimant which, due 1,386
to reversal upon appeal, the claimant is not entitled, pursuant 1,387
to the following criteria: 1,388
(1) No withholding for the first twelve weeks of temporary 1,390
total disability compensation pursuant to section 4123.56 of the 1,391
Revised Code shall be made; 1,392
(2) Forty per cent of all awards of compensation paid 1,394
pursuant to sections 4123.56 and 4123.57 of the Revised Code, 1,395
until the amount overpaid is refunded; 1,396
(3) Twenty-five per cent of any compensation paid pursuant 1,398
to section 4123.58 of the Revised Code until the amount overpaid 1,399
is refunded; 1,400
(4) If, pursuant to an appeal under section 4123.512 of 1,402
the Revised Code, the court of appeals or the supreme court 1,403
reverses the allowance of the claim, then no amount of any 1,404
compensation will be withheld. 1,405
34
The administrator and self-insuring employers, as 1,407
appropriate, are subject to the repayment schedule of this 1,408
division only with respect to an order to pay compensation that 1,409
was properly paid under a previous order, but which is
subsequently reversed upon an administrative or judicial appeal. 1,410
The administrator and self-insuring employers are not subject to, 1,411
but may utilize, the repayment schedule of this division, or any 1,412
other lawful means, to collect payment of compensation made to a 1,413
person who was not entitled to the compensation due to fraud as 1,414
determined by the administrator or the industrial commission. 1,415
(K) If a staff hearing officer or the commission fails to 1,417
issue a decision or the commission fails to refuse to hear an 1,418
appeal within the time periods required by this section, payments 1,419
to a claimant shall cease until the staff hearing officer or 1,420
commission issues a decision or hears the appeal, unless the 1,421
failure was due to the fault or neglect of the employer or the 1,422
employer agrees that the payments should continue for a longer 1,423
period of time. 1,424
(L) Except as otherwise provided in this section or 1,426
section 4123.522 of the Revised Code, no appeal is timely filed 1,427
under this section unless the appeal is filed with the time 1,428
limits set forth in this section.
(M) No person who is not an employee of the bureau or 1,430
commission or who is not by law given access to the contents of a 1,431
claims file shall have a file in the person's possession. 1,432
(N) Upon application of a party who resides in an area in 1,435
which an emergency or disaster is declared, the industrial 1,436
commission and hearing officers of the commission may waive the 1,437
time frame within which claims and appeals of claims set forth in 1,438
this section must be filed upon a finding that the applicant was 1,439
unable to comply with a filing deadline due to an emergency or a 1,440
disaster.
As used in this division: 1,442
(1) "Emergency" means any occasion or instance for which 1,444
35
the governor of Ohio or the president of the United States 1,446
publicly declares an emergency and orders state or federal 1,447
assistance to save lives and protect property, the public health 1,448
and safety, or to lessen or avert the threat of a catastrophe. 1,449
(2) "Disaster" means any natural catastrophe or fire, 1,451
flood, or explosion, regardless of the cause, that causes damage 1,452
of sufficient magnitude that the governor of Ohio or the 1,453
President of the United States, through a public declaration, 1,455
orders state or federal assistance to alleviate damage, loss, 1,456
hardship, or suffering that results from the occurrence. 1,457
Sec. 4123.512. (A) The claimant or the employer may 1,466
appeal an order of the industrial commission made under division 1,467
(E) of section 4123.511 of the Revised Code in any injury or 1,468
occupational disease case, other than a decision as to the extent 1,469
of disability to the court of common pleas of the county in which 1,471
the injury was inflicted or in which the contract of employment 1,472
was made if the injury occurred outside the state, or in which 1,473
the contract of employment was made if the exposure occurred 1,474
outside the state. If no common pleas court has jurisdiction for 1,475
the purposes of an appeal by the use of the jurisdictional 1,476
requirements described in this division, the appellant may use 1,477
the venue provisions in the Rules of Civil Procedure to vest 1,478
jurisdiction in a court. If the claim is for an occupational 1,479
disease the appeal shall be to the court of common pleas of the 1,480
county in which the exposure which caused the disease occurred. 1,481
Like appeal may be taken from an order of a staff hearing officer 1,482
made under division (D) of section 4123.511 of the Revised Code 1,483
from which the commission has refused to hear an appeal. The 1,484
appellant shall file the notice of appeal with a court of common 1,485
pleas within sixty days after the date of the receipt of the 1,486
order appealed from or the date of receipt of the order of the 1,487
commission refusing to hear an appeal of a staff hearing 1,488
officer's decision under division (D) of section 4123.511 of the 1,489
Revised Code. The filing of the notice of the appeal with the 1,490
36
court is the only act required to perfect the appeal.
If an action has been commenced in a court of a county 1,492
other than a court of a county having jurisdiction over the 1,493
action, the court, upon notice by any party or upon its own 1,494
motion, shall transfer the action to a court of a county having 1,495
jurisdiction. 1,496
Notwithstanding anything to the contrary in this section, 1,498
if the commission determines under section 4123.522 of the 1,499
Revised Code that an employee, employer, or their respective 1,500
representatives have not received written notice of an order or 1,501
decision which is appealable to a court under this section and 1,502
which grants relief pursuant to section 4123.522 of the Revised 1,503
Code, the party granted the relief has sixty days from receipt of 1,504
the order under section 4123.522 of the Revised Code to file a 1,505
notice of appeal under this section. 1,506
(B) The notice of appeal shall state the names of the 1,508
claimant and the employer, the number of the claim, the date of 1,509
the order appealed from, and the fact that the appellant appeals 1,510
therefrom. 1,511
The administrator, the claimant, and the employer shall be 1,513
parties to the appeal and the court, upon the application of the 1,514
commission, shall make the commission a party. THE PARTY FILING 1,515
THE APPEAL SHALL SERVE A COPY OF THE NOTICE OF APPEAL ON THE 1,516
ADMNISTRATOR OF WORKERS' COMPENSATION AT THE CENTRAL OFFICE OF 1,517
THE BUREAU OF WORKERS' COMPENSATION IN COLUMBUS. The 1,518
administrator shall notify the employer that if the employer 1,519
fails to become an active party to the appeal, then the 1,521
administrator may act on behalf of the employer and the results 1,522
of the appeal could have an adverse effect upon the employer's 1,523
premium rates.
(C) The attorney general or one or more of the attorney 1,525
general's assistants or special counsel designated by the 1,527
attorney general shall represent the administrator and the 1,528
commission. In the event the attorney general or the attorney 1,529
37
general's designated assistants or special counsel are absent, 1,531
the administrator or the commission shall select one or more of 1,532
the attorneys in the employ of the administrator or the
commission as the administrator's attorney or the commission's 1,534
attorney in the appeal. Any attorney so employed shall continue 1,535
the representation during the entire period of the appeal and in 1,536
all hearings thereof except where the continued representation 1,537
becomes impractical.
(D) Upon receipt of notice of appeal the clerk of courts 1,539
shall provide notice to all parties who are appellees and to the 1,540
commission. 1,541
The claimant shall, within thirty days after the filing of 1,543
the notice of appeal, file a petition containing a statement of 1,544
facts in ordinary and concise language showing a cause of action 1,545
to participate or to continue to participate in the fund and 1,546
setting forth the basis for the jurisdiction of the court over 1,547
the action. Further pleadings shall be had in accordance with 1,548
the Rules of Civil Procedure, provided that service of summons on 1,549
such petition shall not be required. The clerk of the court 1,550
shall, upon receipt thereof, transmit by certified mail a copy 1,551
thereof to each party named in the notice of appeal other than 1,552
the claimant. Any party may file with the clerk prior to the 1,553
trial of the action a deposition of any physician taken in 1,554
accordance with the provisions of the Revised Code, which 1,555
deposition may be read in the trial of the action even though the 1,556
physician is a resident of or subject to service in the county in 1,557
which the trial is had. The bureau of workers' compensation 1,558
shall pay the cost of the stenographic deposition filed in court 1,559
and of copies of the stenographic deposition for each party from 1,561
the surplus fund and charge the costs thereof against the 1,563
unsuccessful party if the claimant's right to participate or 1,564
continue to participate is finally sustained or established in 1,565
the appeal. In the event the deposition is taken and filed, the 1,566
physician whose deposition is taken is not required to respond to 1,567
38
any subpoena issued in the trial of the action. The court, or 1,568
the jury under the instructions of the court, if a jury is 1,569
demanded, shall determine the right of the claimant to 1,570
participate or to continue to participate in the fund upon the 1,571
evidence adduced at the hearing of the action. 1,572
(E) The court shall certify its decision to the commission 1,574
and the certificate shall be entered in the records of the court. 1,575
Appeals from the judgment are governed by the law applicable to 1,576
the appeal of civil actions. 1,577
(F) The cost of any legal proceedings authorized by this 1,579
section, including an attorney's fee to the claimant's attorney 1,580
to be fixed by the trial judge, based upon the effort expended, 1,581
in the event the claimant's right to participate or to continue 1,582
to participate in the fund is established upon the final 1,583
determination of an appeal, shall be taxed against the employer 1,584
or the commission if the commission or the administrator rather 1,585
than the employer contested the right of the claimant to 1,586
participate in the fund. The attorney's fee shall not exceed 1,587
twenty-five hundred dollars. 1,588
(G) If the finding of the court or the verdict of the jury 1,590
is in favor of the claimant's right to participate in the fund, 1,591
the commission and the administrator shall thereafter proceed in 1,592
the matter of the claim as if the judgment were the decision of 1,593
the commission, subject to the power of modification provided by 1,594
section 4123.52 of the Revised Code. 1,595
(H) An appeal from an order issued under division (E) of 1,597
section 4123.511 of the Revised Code or any action filed in court 1,598
in a case in which an award of compensation has been made shall 1,599
not stay the payment of compensation under the award or payment 1,600
of compensation for subsequent periods of total disability during 1,601
the pendency of the appeal. If, in a final administrative or 1,602
judicial action, it is determined that payments of compensation 1,603
or benefits, or both, made to or on behalf of a claimant should 1,604
not have been made, the amount thereof shall be charged to the 1,605
39
surplus fund under division (B) of section 4123.34 of the Revised 1,606
Code. In the event the employer is a state risk, the amount 1,607
shall not be charged to the employer's experience. In the event 1,608
the employer is a self-insuring employer, the self-insuring 1,609
employer shall deduct the amount from the paid compensation the 1,610
self-insuring employer reports to the administrator under 1,612
division (L) of section 4123.35 of the Revised Code. All actions 1,613
and proceedings under this section which are the subject of an 1,614
appeal to the court of common pleas or the court of appeals shall 1,615
be preferred over all other civil actions except election causes, 1,616
irrespective of position on the calendar. 1,617
This section applies to all decisions of the commission or 1,619
the administrator on November 2, 1959, and all claims filed 1,620
thereafter are governed by sections 4123.511 and 4123.512 of the 1,621
Revised Code. 1,622
Any action pending in common pleas court or any other court 1,624
on January 1, 1986, under this section is governed by former 1,625
sections 4123.514, 4123.515, 4123.516, and 4123.519 and section 1,626
4123.522 of the Revised Code. 1,627
Sec. 4123.591. THE ADMINISTRATOR OF WORKERS' COMPENSATION 1,629
MAY FURNISH QUARTERLY THE NAME AND SOCIAL SECURITY NUMBER OF ANY 1,630
PERSON RECEIVING SPOUSAL DEATH BENEFITS TO THE TAX COMMISSIONER. 1,631
THE COMMISSIONER SHALL RETURN TO THE ADMINISTRATOR, IN A FORMAT 1,632
DESIGNED BY THE COMMISSIONER, INFORMATION ABOUT THE FILING 1,633
STATUS, SEPARATE OR JOINT, AS REPORTED ON THE MOST RECENT RETURN
FILED BY THAT PERSON UNDER SECTION 5747.08 OF THE REVISED CODE. 1,634
Sec. 4123.76. When an application for compensation or 1,643
benefits or an application for further compensation or benefits 1,644
is filed with the industrial commission or the bureau of workers' 1,645
compensation under section 4123.75 of the Revised Code against an 1,646
employer who has not complied with section 4123.35 of the Revised 1,647
Code, the bureau shall make and file for record in the office of 1,648
the county recorder in the counties where the employer's property 1,649
is located, an affidavit showing the date on which the 1,650
40
application was filed with the commission or the bureau, the name 1,651
and address of the employer against whom it was filed, and the 1,652
fact that the employer had not complied with section 4123.35 of 1,653
the Revised Code. The recorder shall accept and file the 1,654
affidavit and record the same as a mortgage on real estate and 1,655
shall file the same as a chattel mortgage and he THE RECORDER 1,656
shall index the same as a mortgage on real estate and as a 1,657
chattel mortgage. A copy of the application OR OTHER BUREAU 1,658
RECORD DOCUMENTING THE CLAIM shall be filed with the affidavit. 1,659
A copy of the affidavit shall be served upon the employer by the 1,660
bureau. The affidavit constitutes a valid lien from the time of 1,661
filing, in favor of the bureau, upon the real property and 1,662
tangible personal property of the employer located within the 1,663
county. The administrator of workers' compensation shall have 1,664
the lien canceled of record after the employer has paid to the 1,665
claimant or to the bureau the amount of the compensation or 1,666
benefits which has been ordered paid to the claimant, or when the 1,667
application has finally been denied after the claimant has 1,668
exhausted the remedies provided by law in such cases, or when the 1,669
employer has filed a bond in the amount and with surety as the 1,670
administrator approves conditioned on the payment of all sums 1,671
ordered paid to the claimant. The recorder shall make no charge 1,672
for the services provided by this section to be performed by him 1,673
THE RECORDER. 1,674
Sec. 4123.83. Each employer paying premiums into the state 1,683
insurance fund or electing directly to pay compensation to his 1,684
THE EMPLOYER'S injured employees or the dependents of his THE 1,685
EMPLOYER'S killed employees as provided in section 4123.35 of the 1,687
Revised Code, shall post conspicuously in his THE EMPLOYER'S 1,688
place or places of employment notices, which shall be furnished 1,690
in adequate number by the bureau of workers' compensation at the 1,691
time of the payment of the premium, stating the fact that he THE 1,692
EMPLOYER has made the payment, the date thereof, and period for 1,694
which the payment is made, or that he THE EMPLOYER has complied 1,695
41
with section 4123.35 of the Revised Code, and has been authorized
by the administrator of workers' compensation directly to 1,696
compensate employees or dependents, and the date of the 1,697
authorization. The notice, when posted, constitutes sufficient 1,698
notice to his THE EMPLOYER'S employees of the fact that he THE 1,700
EMPLOYER has made payment or that he THE EMPLOYER has complied 1,701
with the elective provisions of section 4123.35 of the Revised 1,702
Code. The bureau shall prepare, semiannually, a list of all
employers who have complied with this chapter, classified by 1,704
counties, and shall send to the newspapers published in the 1,705
county seat of each county a list of the employers in the county, 1,706
with a request for its gratuitous publication as a matter of news 1,707
and protection to the working men and women. 1,708
Sec. 5703.21. (A) Except as provided in divisions (B), 1,717
(C), (D), and (E), AND (F) of this section, no agent of the 1,720
department of taxation, except in the agent's report to the 1,721
department or when called on to testify in any court or 1,722
proceeding, shall divulge any information acquired by the agent 1,723
as to the transactions, property, or business of any person while 1,724
acting or claiming to act under orders of the department. 1,725
Whoever violates this provision shall thereafter be disqualified 1,726
from acting as an officer or employee or in any other capacity 1,727
under appointment or employment of the department.
(B)(1) For purposes of an audit pursuant to section 117.15 1,729
of the Revised Code, or an audit of the department pursuant to 1,730
Chapter 117. of the Revised Code, or an audit, pursuant to such 1,731
chapter, the objective of which is to express an opinion on a 1,732
financial report or statement prepared or issued pursuant to 1,733
division (G) or (I) of section 126.21 of the Revised Code, the 1,734
officers and employees of the auditor of state charged with 1,735
conducting the audit shall have access to and the right to 1,736
examine any state tax returns and state tax return information in 1,737
the possession of the department to the extent that such access 1,738
and examination are necessary for purposes of the audit. Any 1,739
42
information acquired as the result of such access and examination 1,740
shall not be divulged for any purpose other than as required for 1,741
such audit or unless the officers and employees are required to 1,742
testify in a court or proceeding under compulsion of legal 1,743
process. Whoever violates this provision shall thereafter be 1,744
disqualified from acting as an officer or employee or in any 1,745
other capacity under appointment or employment of the auditor of 1,746
state. 1,747
(2) As provided by section 6103(d)(2) of the Internal 1,749
Revenue Code, any federal tax returns or federal tax information 1,750
which the department has acquired from the internal revenue 1,751
service, through federal and state statutory authority, may be 1,752
disclosed to the auditor of state solely for purposes of an audit 1,753
of the department. 1,754
(C) Division (A) of this section does not prohibit 1,756
divulging information contained in applications, complaints, and 1,757
related documents filed with the department under section 5715.27 1,758
of the Revised Code, or in applications filed with the department 1,759
under section 5715.39 of the Revised Code. 1,760
(D) Division (A) of this section does not prohibit the 1,762
department of taxation providing information to the division of 1,763
child support within the department of human services, or a child 1,764
support enforcement agency, pursuant to division (G)(2) of 1,765
section 5101.31 of the Revised Code.
(E) Division (A) of this section does not prohibit the 1,768
disclosure to the board of motor vehicle collision repair 1,769
registration of any information in the possession of the 1,770
department that is necessary for the board to verify the 1,772
existence of an applicant's valid vendor's license and current 1,773
state tax identification number under section 4775.07 of the
Revised Code. 1,774
(F) DIVISION (A) OF THIS SECTION DOES NOT PROHIBIT THE 1,776
DEPARTMENT FROM PROVIDING INFORMATION TO THE ADMINISTRATOR OF 1,777
WORKERS' COMPENSATION PURSUANT TO SECTION 4123.591 OF THE REVISED 1,778
43
CODE.
Sec. 5747.18. The tax commissioner shall enforce and 1,787
administer this chapter. In addition to any other powers 1,788
conferred upon the commissioner by law, the commissioner may: 1,789
(A) Prescribe all forms required to be filed pursuant to 1,791
this chapter; 1,792
(B) Adopt such rules as the commissioner finds necessary 1,794
to carry out this chapter; 1,795
(C) Appoint and employ such personnel as are necessary to 1,797
carry out the duties imposed upon the commissioner by this 1,798
chapter.
Any information gained as the result of returns, 1,800
investigations, hearings, or verifications required or authorized 1,801
by this chapter is confidential, and no person shall disclose 1,802
such information, except for official purposes, or as provided by 1,803
section 4123.591, 4507.023 or 5101.182, division (G)(2) of 1,804
section 5101.31 or division (B) of section 5703.21 of the Revised 1,806
Code, or in accordance with a proper judicial order. The tax 1,807
commissioner may furnish the internal revenue service with copies 1,808
of returns or reports filed and may furnish the officer of a 1,809
municipal corporation charged with the duty of enforcing a tax 1,810
subject to Chapter 718. of the Revised Code with the names, 1,811
addresses, and identification numbers of taxpayers who may be 1,812
subject to such tax. A municipal corporation shall use this 1,813
information for tax collection purposes only. This section does 1,814
not prohibit the publication of statistics in a form which does 1,815
not disclose information with respect to individual taxpayers. 1,816
Section 2. That existing sections 121.03, 4121.12, 1,818
4121.121, 4121.37, 4121.44, 4121.63, 4123.343, 4123.511, 1,820
4123.512, 4123.76, 4123.83, 5703.21, and 5747.18 of the Revised 1,821
Code are hereby repealed.
Section 3. The Administrator of Workers' Compensation 1,823
shall submit a series of reports to the Workers' Compensation 1,824
Oversight Commission, the Office of Budget and Management, the 1,825
44
Legislative Budget Office of the Legislative Service Commission, 1,826
and the General Assembly semiannually during the 1999-2001 1,828
biennium, beginning on or before October 1, 1999, containing
information relative to all of the following: 1,830
(A) The premium cost per worker, which reports the average 1,832
annual cost a state fund employer pays to provide workers' 1,833
compensation coverage for its employees. The premium cost per 1,834
worker is calculated by adding together an employer's total 1,835
amounts of premiums and assessments paid during a calendar year 1,836
and dividing that sum by the employer's average number of 1,837
workers. 1,838
(B) The claims cost per worker, which reports the average 1,840
annual benefit cost paid for each worker who is employed by a 1,841
state fund employer during the preceding twelve months. The 1,842
claims cost per worker is calculated by dividing an employer's 1,843
total claim expenses paid during the preceding twelve months by 1,844
the employer's average number of workers. 1,845
(C) The administrative cost per claim, which reports the 1,847
average annual administrative expense a state fund employer pays 1,848
to process a claim. The administrative cost per claim is 1,849
calculated by dividing an employer's total amount of 1,850
administrative expenses incurred during the preceding twelve 1,851
months by the total number of claims the employer processed. 1,852
(D) The direct loss ratio, which measures the relationship 1,854
between an employer's revenues and workers' compensation benefits 1,856
paid to an injured worker during the preceding twelve months; 1,857
(E) The rate of return generated by investments of the 1,859
Bureau of Workers' Compensation; 1,860
(F) The customer service index, which accounts for various 1,862
statistical measures reflecting the Bureau's customer service 1,863
levels; 1,864
(G) The Health Partnership Program performance index, 1,866
which measures the effectiveness of managed care organizations 1,867
working for the bureau and reflects the quality of care, customer 1,868
45
satisfaction, and cost of care provided by the managed care 1,869
organizations; 1,870
(H) The rate of injury in the state per 1,000 workers; 1,872
(I) The average and median number of days the bureau takes 1,874
to adjudicate an injured worker's medical bill fee; 1,875
(J) The return-to-work rate of state fund employers' 1,877
injured workers who do not receive workers' compensation benefits 1,878
for at least ninety days following their injury, which reports 1,879
the number of injured workers who returned to work as a 1,880
percentage of total injuries; 1,881
(K) The average number of days it takes for an employer or 1,883
injured worker to report an injury to the bureau, which is 1,884
calculated by taking the average number of days between the date 1,885
of injury and the date the claim was filed with the bureau; 1,886
(L) The percentage of indemnity claims adjudicated by the 1,888
bureau within fourteen days of the injury. 1,889
Section 4. All items in this section are hereby 1,891
appropriated out of any moneys in the state treasury to the 1,892
credit of the designated fund. For all appropriations made in 1,893
this act, those in the first column are for fiscal year 2000, and 1,894
those in the second column are for fiscal year 2001.
BWC BUREAU OF WORKERS' COMPENSATION 1,895
FND ALI ALI TITLE FY 2000 FY 2001 1,898
Workers' Compensation Fund Group 1,900
4Y6 855-611 J.L. Camera Center 1,903
Rent $ 1,574,038 $ 1,658,233 1,905
4Y6 855-612 J.L. Camera Center 1,907
Operating $ 10,252,544 $ 10,277,047 1,909
023 855-401 William Green Lease 1,911
Payments to OBA $ 16,208,613 $ 16,914,613 1,913
023 855-407 Claims, Risk & 1,915
Medical Management $ 125,639,667 $ 123,976,161 1,917
023 855-408 Fraud Prevention $ 10,570,473 $ 9,733,674 1,921
46
023 855-409 Administrative 1,923
Services $ 111,478,353 $ 109,171,402 1,925
023 855-410 Attorney General 1,927
Payments $ 3,317,791 $ 3,410,688 1,929
825 855-605 Disabled Workers 1,931
Relief Fund $ 669,354 $ 689,059 1,933
822 855-606 Coal Workers' Fund $ 77,056 $ 78,597 1,937
823 855-608 Marine Industry $ 46,266 $ 47,654 1,941
826 855-609 Safety & Hygiene 1,943
Operating $ 18,358,104 $ 18,491,102 1,945
TOTAL WCF Workers' Compensation 1,946
Fund Group $ 298,192,259 $ 294,448,230 1,949
TOTAL ALL BUDGET FUND GROUPS $ 298,192,259 $ 294,448,230 1,952
Safety and Hygiene 1,955
Notwithstanding section 4121.37 of the Revised Code, the 1,957
Administrator of the Bureau of Workers' Compensation shall 1,958
transfer moneys from the State Insurance Fund so that 1,959
appropriation item 855-609, Safety and Hygiene Operating, is
provided $18,358,104 in fiscal year 2000 and $18,491,102 in 1,961
fiscal year 2001.
Workers' Compensation Fraud Unit 1,963
The Workers' Compensation Section Fund (Fund 195) shall 1,965
receive payments from the Bureau of Workers' Compensation at the 1,966
beginning of each quarter of each fiscal year to fund expenses of 1,967
the Workers' Compensation Fraud Unit of the Attorney General's 1,968
Office. Of the foregoing appropriation item 855-410, Attorney 1,969
General Payments, $694,930 in fiscal year 2000 and $714,388 in
fiscal year 2001 shall be used to provide such payments. 1,970
William Green Lease Payments 1,972
The foregoing appropriation item 855-401, William Green 1,974
Lease Payments to OBA, shall be used for lease payments to the 1,975
Ohio Building Authority, and these appropriations shall be used 1,976
to meet all payments at the times they are required to be made 1,977
during the period from July 1, 1999, to June 30, 2001, by the 1,978
47
Bureau of Workers' Compensation to the Ohio Building Authority
pursuant to leases and agreements made under Chapter 152. of the 1,979
Revised Code and Section 6 of Am. Sub. H.B. 743 of the 118th 1,980
General Assembly. Of the amounts received in Fund 023, 1,981
appropriation item 855-401, up to $33,123,226 shall be restricted 1,982
for lease rental payments to the Ohio Building Authority. If it
is determined that additional appropriations are necessary for 1,983
such purpose, such amounts are hereby appropriated. 1,984
Notwithstanding any other provision of law to the contrary, 1,986
all tenants of the William Green Building not funded by the 1,987
Workers' Compensation Fund (Fund 023) shall pay their fair share 1,988
of the costs of lease payments to the Workers' Compensation Fund 1,989
(Fund 023) by intrastate transfer voucher.
Camera Center 1,991
The Camera Center Fund (Fund 4Y6) created in division (F) 1,993
of section 4121.62 of the Revised Code shall receive revenues 1,995
raised by the fees Camera Center charges for its services and 1,996
rent paid by tenants of the Center's facilities. The foregoing 1,997
appropriation item 855-611, J.L. Camera Center Rent, shall be
used to pay rent, including building operating expenses, of the 1,998
J. Leonard Camera Rehabilitation Center in Columbus. The 1,999
foregoing appropriation item 855-612, J.L. Camera Center 2,000
Operating, shall be used for all other expenses for the Center. 2,001
The Bureau of Workers' Compensation shall not consider 2,003
appropriations made to the Camera Center Fund (Fund 4Y6) when 2,004
establishing administrative cost rates.
Balances 2,006
Notwithstanding any provision of law to the contrary, the 2,008
Director of Budget and Management shall make any transfers of 2,009
cash balances between funds made necessary by the creation of new 2,010
funds, or the consolidation of funds as authorized by the General 2,011
Assembly. Within the first five days after the effective date of 2,012
this section, the administering agency head shall certify to the 2,013
director an estimate of the amount of the cash balance to be
48
transferred to the receiving fund. The director may transfer the 2,014
estimated amount when needed to make payments. Within thirty 2,015
days after the effective date of this section, the administering 2,016
agency head shall certify the final amount to the director. The 2,017
director shall transfer the difference between any estimated
amount previously transferred and such certified final amount. 2,018
To implement such funding changes as described above 2,020
pertaining to prior year encumbrance balances and commensurate 2,021
appropriation authority, in fiscal year 2000 the Director of 2,022
Budget and Management may cancel encumbrances outstanding on June 2,023
30, 1999, and reestablish such prior year encumbrances or parts 2,024
of encumbrances as needed in fiscal year 2000 in the appropriate
fund or appropriation item as authorized in this act for the same 2,025
purpose and to the same vendor. As determined by the director, 2,026
the appropriation authority necessary to reestablish such prior 2,027
year encumbrances in fiscal year 2000 in a different fund or 2,028
appropriation item within an agency or between agencies is hereby 2,029
authorized. The director shall reduce each prior year's
appropriation authority by the amount of the encumbrances 2,030
canceled in their respective funds and appropriation items. 2,031
Vocational Rehabilitation 2,033
The Bureau of Workers' Compensation and the Rehabilitation 2,035
Services Commission shall enter into an interagency agreement for 2,036
the provision of vocational rehabilitation services and staff to 2,037
mutually eligible clients. The Bureau shall provide $523,245 in 2,038
fiscal year 2000 and $537,896 in fiscal year 2001 from the State 2,039
Insurance Fund to fund vocational rehabilitation services and 2,040
staff in accordance with the interagency agreement. 2,041
Fund Balance 2,043
Any unencumbered cash balance in excess of $45,000,000 in 2,045
the Workers' Compensation Fund (Fund 023) on the thirtieth day of 2,046
June of each fiscal year shall be used to reduce the 2,047
administrative cost rate charged to employers to cover 2,048
appropriations for Bureau of Workers' Compensation and Industrial 2,049
49
Commission operations. 2,050
Section 5. Accounting 2,052
Within the limits set forth in this act, the Director of 2,055
Budget and Management shall establish accounts indicating the 2,056
source and amount of funds for each appropriation made in this
act, and shall determine the form and manner in which 2,057
appropriation accounts shall be maintained. 2,058
The appropriations made in this act are subject to all 2,060
provisions of the main operating appropriations act of the 123rd 2,061
General Assembly that are generally applicable to such 2,062
appropriations.
Section 6. Reissuance of Voided Warrants 2,064
In order to provide funds for the reissuance of voided 2,066
warrants pursuant to section 117.47 of the Revised Code, there is 2,067
hereby appropriated, out of moneys in the state treasury from the 2,068
fund credited as provided in section 117.47 of the Revised Code, 2,069
that amount sufficient to pay such warrants when approved by the 2,070
Office of Budget and Management. 2,071
Section 7. Judgments Against State 2,073
Any appropriations contained in this act, except those to 2,075
be applied to or used for payment of guarantees by or on behalf 2,076
of the state or for debt service on bonds, notes, or certificates 2,077
of participation, may be used for the purpose of satisfying 2,078
judgments, settlements, or administrative awards ordered or 2,079
approved by the Court of Claims or any other court of competent 2,080
jurisdiction in connection with civil actions against the state. 2,082
Section 8. Reappropriation of Unexpended Balances 2,084
Notwithstanding section 131.33 of the Revised Code, 2,086
unexpended balances of appropriations and reappropriations 2,087
against which encumbrances have been lawfully incurred by the 2,088
Bureau of Workers' Compensation are, at the close of fiscal years 2,089
1999 and 2000, to the extent of such encumbrances, hereby 2,090
reappropriated from the funds from which they were originally 2,091
appropriated and reappropriated and, except for encumbrances for 2,092
50
items of special order manufacture not available on term contract 2,093
or open market, made available for the purpose of discharging 2,094
such encumbrances for a period of five months from the end of the 2,095
fiscal year. Unexpended balances of appropriations and 2,096
reappropriations against which encumbrances for items of special 2,097
order manufacture not available on term contract or in the open 2,098
market have been lawfully incurred are, at the close of the 2,099
fiscal year, to the extent of such encumbrances, hereby 2,100
reappropriated and made available for the purpose of discharging 2,101
such encumbrances for a period of five months from the end of the 2,102
fiscal year or, if the Director of Budget and Management 2,103
approves, for a period of not more than twelve months from the 2,104
end of the fiscal year.
Any items for which unexpended balances are reappropriated 2,106
beyond a five-month period from the end of the fiscal year shall 2,107
be reported to the Controlling Board by the Director of Budget 2,108
and Management. The report on each such item shall include the 2,109
item, the cost of the item, the vendor involved, and the delivery 2,110
date. Such reports to the board shall be updated on a quarterly 2,111
basis while the encumbrance remains open. 2,112
After any such period, reappropriations made for the 2,114
purpose of discharging encumbrances for operating expenses, 2,115
defined as those encumbrances incurred for personal services, 2,116
maintenance, and equipment, are canceled. Reappropriations for 2,117
encumbrances other than operating expenses or items of special 2,118
manufacture not available on term contract or in the open market 2,119
may be extended by obtaining the approval of the Director of 2,120
Budget and Management.
Section 9. Independent and Severable Items 2,122
If any item of law that constitutes the whole or part of a 2,125
codified or uncodified section of law contained in this act, or 2,126
if any application of any item of law that constitutes the whole 2,127
or part of a codified or uncodified section of law contained in 2,128
this act, is held invalid, the invalidity does not affect other 2,129
51
items of law or applications of items of law that can be given 2,130
effect without the invalid item of law or application. To this 2,131
end, the items of law of which the codified and uncodified 2,132
sections contained in this act are composed, and their 2,133
applications, are independent and severable.
Section 10. Effective Dates-Codified Sections 2,135
The sections of the Revised Code contained in this act, and 2,137
the items of law of which such sections of the Revised Code are 2,138
composed, are subject to the referendum. Therefore, under Ohio 2,139
Constitution, Article II, Section 1c and section 1.471 of the 2,140
Revised Code, the sections of the Revised Code contained in this 2,141
act, and the items of law of which such sections of the Revised
Code are composed, take effect on the ninety-first day after this 2,142
act is filed with the Secretary of State. If, however, a 2,143
referendum petition is filed against any section of the Revised 2,144
Code contained in this act, or against any item of law of which 2,145
such a section of the Revised Code is composed, the section or 2,146
item of law, unless rejected at the referendum, takes effect at
the earliest time permitted by law. 2,147
Section 11. Effective Dates-Uncodified Sections 2,149
The uncodified sections of law contained in this act, and 2,152
the items of law of which the uncodified sections of law 2,153
contained in this act are composed, are not subject to the 2,154
referendum. Therefore, under Ohio Constitution, Article II, 2,155
Section 1d and section 1.471 of the Revised Code, the uncodified 2,156
sections of law contained in this act, and the items of law of 2,157
which the uncodified sections of law contained in this act are 2,159
composed go into immediate effect when this act becomes law.
Section 12. Section 121.03 of the Revised Code is 2,161
presented in this act as a composite of the section as amended by 2,162
both Am. Sub. H.B. 7 and Am. Sub. S.B. 162 of the 121st General 2,163
Assembly, with the new language of neither of the acts shown in 2,165
capital letters. This is in recognition of the principle stated 2,166
in division (B) of section 1.52 of the Revised Code that such 2,167
52
amendments are to be harmonized where not substantively 2,168
irreconcilable and constitutes a legislative finding that such is 2,169
the resulting version in effect prior to the effective date of 2,170
this act.
Section 13. Section 4123.511 of the Revised Code is 2,172
presented in this act as a composite of the section as amended by 2,173
both Am. Sub. H.B. 362 and Am. Sub. H.B. 363 of the 122nd General 2,174
Assembly, with the new language of neither of the acts shown in 2,176
capital letters. This is in recognition of the principle stated 2,177
in division (B) of section 1.52 of the Revised Code that such 2,178
amendments are to be harmonized where not substantively 2,179
irreconcilable and constitutes a legislative finding that such is 2,180
the resulting version in effect prior to the effective date of 2,181
this act.