As Reported by House Finance and Appropriations Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 180 5
1999-2000 6
REPRESENTATIVES CORBIN-THOMAS-VESPER 8
_________________________________________________________________
A B I L L
To amend sections 121.03, 3304.23, 3304.231, 10
4121.12, 4121.121, 4121.37, 4121.44, 4121.63, 11
4123.343, 4123.511, 4123.512, 4123.76, 4123.83, 12
5703.21, and 5747.18 and to enact section 13
4123.591 of the Revised Code to make
appropriations for the Bureau of Workers' 14
Compensation for the biennium beginning July 1,
1999, and ending June 30, 2001, to provide 15
authorization and conditions for the operation of 16
Bureau of Workers' Compensation programs, to
rename the Head Injury Program the Brain Injury 17
Program, and to designate the Administrator of
Workers' Compensation as a member of the Brain 18
Injury Advisory Committee in place of the 19
Industrial Commission Chairperson.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That sections 121.03, 3304.23, 3304.231, 23
4121.12, 4121.121, 4121.37, 4121.44, 4121.63, 4123.343, 4123.511, 25
4123.512, 4123.76, 4123.83, 5703.21, and 5747.18 be amended and 26
section 4123.591 of the Revised Code be enacted to read as
follows: 27
Sec. 121.03. The following administrative department heads 36
shall be appointed by the governor, with the advice and consent 37
of the senate, and shall hold their offices during the term of 38
the appointing governor, except as provided in division (W) of 40
this section, and are subject to removal at the pleasure of the 41
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governor.
(A) The director of budget and management; 43
(B) The director of commerce; 45
(C) The director of transportation; 47
(D) The director of agriculture; 49
(E) The director of human services; 52
(F) Until July 1, 1997, the director of liquor control; 54
(G) The director of public safety; 56
(H) The superintendent of insurance; 58
(I) The director of development; 60
(J) The tax commissioner; 62
(K) The director of administrative services; 64
(L) The administrator of the bureau of employment 66
services; 67
(M) The director of natural resources; 69
(N) The director of mental health; 71
(O) The director of mental retardation and developmental 73
disabilities; 74
(P) The director of health; 76
(Q) The director of youth services; 78
(R) The director of rehabilitation and correction; 80
(S) The director of environmental protection; 82
(T) The director of aging; 84
(U) The director of alcohol and drug addiction services; 86
(W)(V) The administrator of workers' compensation who 88
meets the qualifications required under division (A) of section 89
4121.121 of the Revised Code, who shall serve as administrator, 90
subject to removal at the pleasure of the governor, until the 91
date the workers' compensation oversight commission appoints the 93
administrator as provided in division (F)(10) of section 4121.12 95
of the Revised Code.
Sec. 3304.23. (A) There is hereby created in the 104
rehabilitation services commission a head BRAIN injury program 105
consisting of a program director and at least one support staff 106
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person. 107
(B) To the extent that funds are available, the head BRAIN 109
injury program may do the following: 110
(1) Identify existing services in this state to assist 112
survivors and families of survivors of head BRAIN injury; 113
(2) Promote the coordination of services for survivors and 115
families of survivors of head BRAIN injury; 116
(3) Explore options for delivery of services to survivors 118
and families of survivors of head BRAIN injury; 119
(4) Explore the establishment of a traumatic brain injury 121
incidence reporting system to collect information on the 122
incidence and character of traumatic brain injury in this state; 123
(5) Promote practices that will reduce the incidence of 125
head BRAIN injury; 126
(6) Develop training programs on dealing with head BRAIN 128
injury and the special needs of survivors of head BRAIN injury; 129
(7) Identify sources of available funds for services for 131
survivors and families of survivors of head BRAIN injury; 132
(8) Explore options for the delivery of case management 134
services to residents of this state who are survivors of head 135
BRAIN injury; 136
(9) Provide assistance to assure that services for 138
survivors and families of survivors of head BRAIN injury are all 139
of the following: 140
(a) Designed to enhance the survivor's ability to lead an 142
independent and productive life; 143
(b) Available within close proximity of the survivor's 145
home; 146
(c) Provided in the least restrictive environment; 148
(d) Appropriate to the unique needs of the survivor. 150
(C) The staff of the head BRAIN injury program shall 152
prepare a biennial report on the incidence of head BRAIN injury 153
in this state that shall be submitted to the administrator of the 155
rehabilitation services commission on or before December 15, 156
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1992, and every two years thereafter. A copy of the report shall 157
be submitted to the head BRAIN injury advisory committee created 158
under section 3304.231 of the Revised Code. 159
Sec. 3304.231. There is hereby created a head BRAIN injury 168
advisory committee, which shall advise the administrator of the 170
rehabilitation services commission and the head BRAIN injury 171
program with regard to unmet needs of survivors of head BRAIN 173
injury, development of programs for survivors and their families, 174
establishment of training programs for health care professionals, 175
and any other matter within the province of the head BRAIN injury 177
program. The committee shall consist of not less than eighteen 179
and not more than twenty-one members as follows: 180
(A) Not less than ten and not more than twelve members 182
appointed by the administrator of the rehabilitation services 183
commission, including all of the following: a survivor of head 184
BRAIN injury, a relative of a survivor of head BRAIN injury, a 186
licensed physician recommended by the Ohio chapter of the 188
American college of emergency physicians, a licensed physician 189
recommended by the Ohio state medical association, one other 190
health care professional, a rehabilitation professional, an 191
individual who represents the national head BRAIN injury 192
foundation/Ohio, inc. ASSOCIATION OF OHIO, and not less than 194
three nor more than five individuals who shall represent the 195
public;
(B) The directors of the departments of health, alcohol 197
and drug addiction services, mental retardation and developmental 198
disabilities, mental health, human services, and highway safety; 199
the chairperson of the industrial commission ADMINISTRATOR OF 200
WORKERS' COMPENSATION; the superintendent of public instruction; 203
and the administrator of the rehabilitation services commission. 204
Any of the officials specified in this division may designate an 205
individual to serve in the official's place as a member of the 207
committee.
The director of health shall make initial appointments to 209
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the committee by November 1, 1990. Appointments made after July 211
26, 1991, shall be made by the administrator of the 213
rehabilitation services commission. Terms of office shall be two 214
years. Members may be reappointed. Vacancies shall be filled in 215
the manner provided for original appointments. Any member 216
appointed to fill a vacancy occurring prior to the expiration 217
date of the term for which the member's predecessor was appointed 218
shall hold office as a member for the remainder of that term. 219
Members of the committee shall serve without compensation, 222
but shall be reimbursed for actual and necessary expenses
incurred in the performance of their duties. 223
Sec. 4121.12. (A) There is hereby created the workers' 232
compensation oversight commission consisting of nine members, of 233
which members the governor shall appoint five with the advice and 234
consent of the senate. Of the five members the governor 235
appoints, two shall be individuals who, on account of their 237
previous vocation, employment, or affiliations, can be classed as 238
representative of employees, at least one of whom is
representative of employees who are members of an employee 239
organization; two shall be individuals who, on account of their 240
previous vocation, employment, or affiliations, can be classed as 241
representative of employers, one of whom represents self-insuring 242
employers and one of whom has experience as an employer in 243
compliance with section 4123.35 of the Revised Code other than a 244
self-insuring employer, and one of those two representatives also
shall represent employers whose employees are not members of an 245
employee organization; and one shall represent the public and 246
also be an individual who, on account of the individual's 247
previous vocation, employment, or affiliations, cannot be classed 248
as either predominantly representative of employees or of 249
employers. The governor shall select the chairperson of the 250
commission who shall serve as chairperson at the pleasure of the 251
governor. No more than three members appointed by the governor 253
shall belong to or be affiliated with the same political party. 254
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Each of these five members shall have at least three years' 256
experience in the field of insurance, finance, workers' 257
compensation, law, accounting, actuarial, personnel, investments, 258
or data processing, or in the management of an organization whose 259
size is commensurate with that of the bureau of workers' 260
compensation. At least one of these five members shall be an 261
attorney licensed under Chapter 4705. of the Revised Code to 262
practice law in this state. 263
(B) Of the initial appointments made to the commission, 266
the governor shall appoint one member who represents employees to 267
a term ending one year after September 1, 1995, one member who 268
represents employers to a term ending two years after September 270
1, 1995, the member who represents the public to a term ending 272
three years after September 1, 1995, one member who represents
employees to a term ending four years after September 1, 1995, 274
and one member who represents employers to a term ending five 275
years after September 1, 1995. Thereafter, terms of office shall
be for five years, with each term ending on the same day of the 276
same month as did the term that it succeeds. Each member shall 277
hold office from the date of the member's appointment until the 278
end of the term for which the member was appointed. 280
The governor shall not appoint any person to more than two 282
full terms of office on the commission. This restriction does 283
not prevent the governor from appointing a person to fill a 284
vacancy caused by the death, resignation, or removal of a 285
commission member and also appointing that person twice to full 286
terms on the commission, or from appointing a person previously 287
appointed to fill less than a full term twice to full terms on 288
the commission. Any member appointed to fill a vacancy occurring 289
prior to the expiration date of the term for which the member's 291
predecessor was appointed shall hold office as a member for the
remainder of that term. A member shall continue in office 292
subsequent to the expiration date of the member's term until a 293
successor takes office or until a period of sixty days has 294
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elapsed, whichever occurs first. 295
(C) In making appointments to the commission, the governor 297
shall select the members from the list of names submitted by the 299
workers' compensation oversight commission nominating committee 300
pursuant to this division. Within fourteen days after the 301
governor calls the initial meeting of the nominating committee
pursuant to division (C) of section 4121.123 of the Revised Code, 302
the nominating committee shall submit to the governor, for the 303
initial appointments, a list containing four separate names for 304
each of the members on the commission. Within fourteen days 306
after the submission of the list, the governor shall appoint 307
individuals from the list.
For the appointment of the member who is representative of 309
employees who are members of an employee organization, both for 310
initial appointments and for the filling of vacancies, the list 311
of four names submitted by the nominating committee shall be 312
comprised of four individuals who are members of the executive 313
committee of the largest statewide labor federation.
Thereafter, within sixty days after a vacancy occurring as 316
a result of the expiration of a term and within thirty days after 317
other vacancies occurring on the commission, the nominating
committee shall submit a list containing four names for each 318
vacancy. Within fourteen days after the submission of the list, 319
the governor shall appoint individuals from the list. With 320
respect to the filling of vacancies, the nominating committee 321
shall provide the governor with a list of four individuals who 322
are, in the judgment of the nominating committee, the most fully 323
qualified to accede to membership on the commission. The 324
nominating committee shall not include the name of an individual 325
upon the list for the filling of vacancies if the appointment of
that individual by the governor would result in more than three 326
members of the commission belonging to or being affiliated with 327
the same political party. The committee shall include on the 328
list for the filling of vacancies only the names of attorneys 329
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admitted to practice law in this state if, to fulfill the
requirement of division (A) of section 4121.12 of the Revised 330
Code, the vacancy must be filled by an attorney. 331
In order for the name of an individual to be submitted to 333
the governor under this division, the nominating committee shall 334
approve the individual by an affirmative vote of a majority of 335
its members.
(D) The remaining four members of the commission shall be 338
the chairperson and ranking minority member of the standing 339
committees of the house of representatives and of the senate to
which legislation concerning this chapter and Chapters 4123., 340
4127., and 4131. of the Revised Code normally are referred, or a 342
designee of the chairperson or ranking minority member, provided 343
that the designee is a member of the standing committee. 344
Legislative members shall serve during the session of the general 345
assembly to which they are elected and for as long as they are 346
members of the general assembly. Legislative members shall serve 347
in an advisory capacity to the commission and shall have no 348
voting rights on matters coming before the commission. 349
Membership on the commission by legislative members shall not be
deemed as holding a public office. 350
(E) All members of the commission shall receive their 353
reasonable and necessary expenses pursuant to section 126.31 of 354
the Revised Code while engaged in the performance of their duties 356
as members. Legislative members also shall receive fifty dollars 357
per meeting that they attend. Members appointed by the governor 358
also shall receive an annual salary as follows:
(1) On and before August 31, 1998, not to exceed six 361
thousand dollars payable at the rate of five hundred dollars per 362
month. A member shall receive the monthly five hundred dollar 363
salary only if the member has attended at least one meeting of 365
the commission during that month. A member may receive no more
than the monthly five hundred dollar salary regardless of the 366
number of meetings held by the commission during a month or the 367
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number of meetings in excess of one within a month that the 368
member attends.
(2) After August 31, 1998, not to exceed eighteen thousand 371
dollars payable on the following basis:
(a) Except as provided in division (E)(2)(b) of this 374
section, a member shall receive two thousand dollars during a 376
month in which the member attends one or more meetings of the 378
commission and shall receive no payment during a month in which 379
the member attends no meeting of the commission. 380
(b) A member may receive no more than the annual eighteen 382
thousand dollar salary regardless of the number of meetings held 384
by the commission during a year or the number of meetings in 386
excess of nine within a year that the member attends. 388
The chairperson of the commission shall set the meeting 390
dates of the commission as necessary to perform the duties of the 391
commission under this chapter and Chapters 4123., 4127., and 392
4131. of the Revised Code. The commission shall meet at least 393
nine times during the period commencing on the first day of 395
September and ending on the thirty-first day of August of the 396
following year. The administrator of workers' compensation shall 397
provide professional and clerical assistance to the commission, 399
as the commission considers appropriate. 400
(F) The commission shall: 402
(1) Review progress of the bureau in meeting its cost and 405
quality objectives and in complying with this chapter and 406
Chapters 4123., 4127., and 4131. of the Revised Code; 407
(2) Issue an annual report on the cost and quality 409
objectives of the bureau to the president of the senate, the 411
speaker of the house of representatives, and the governor; 412
(3) Review all independent financial audits of the bureau. 414
The administrator shall provide access to records of the bureau 415
to facilitate the review required under this division. 416
(4) Study issues as requested by the administrator or the 418
governor;
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(5) Contract with an independent actuarial firm to assist 420
the commission in making recommendations to the administrator 421
regarding premium rates;
(6) Establish objectives, policies, and criteria for the 424
administration of the investment program that include asset 426
allocation targets and ranges, risk factors, asset class
benchmarks, time horizons, total return objectives, and 427
performance evaluation guidelines, and monitor the 429
administrator's progress in implementing the objectives, 430
policies, and criteria on a quarterly basis. The commission
shall publish the objectives, policies, and criteria no less than 432
annually and shall make copies available to interested parties. 433
The commission shall prohibit, on a prospective basis, specific 435
investment activity it finds to be contrary to its investment
objectives, policies, and criteria. 436
The investment policy in existence on March 7, 1997, shall 439
continue until the commission approves objectives, policies, and
criteria for the administration of the investment program 440
pursuant to this section. 441
(7) Advise and consent on all of the following: 443
(a) Administrative rules the administrator submits to it 446
pursuant to division (B)(5) of section 4121.121 of the Revised
Code for the classification of occupations or industries, for 448
premium rates and contributions, for the amount to be credited to 449
the surplus fund, for rules and systems of rating, rate 450
revisions, and merit rating;
(b) The overall policy of the bureau of workers' 453
compensation as set by the administrator;
(c) The duties and authority conferred upon the 455
administrator pursuant to section 4121.37 of the Revised Code; 456
(d) Rules the administrator adopts for the health 458
partnership program and the qualified health plan system, as 459
provided in sections 4121.44, 4121.441, and 4121.442 of the 460
Revised Code.
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(8) Perform all duties required under section 4121.125 of 462
the Revised Code; 463
(9) After August 31, 2000, appoint an administrator who 465
meets the qualifications required under section 4121.121 of the 467
Revised Code and fix the salary of the administrator, the amount 469
of which the commission shall base upon the experience of the 471
administrator and the responsibilities and duties of the
administrator pursuant to this chapter and Chapters 4123., 4127., 472
and 4131. of the Revised Code. 473
(G) The commission may enter into an employment contract 475
with an administrator it appoints, provided that the contract 476
does not exceed two years in length. 477
(H) As used in this section, "employee organization" means 479
any labor or bona fide organization in which employees 481
participate and which exists for the purpose, in whole or in 483
part, of dealing with employers concerning grievances, labor 484
disputes, wages, hours, terms and other conditions of employment. 485
Sec. 4121.121. (A) There is hereby created the bureau of 494
workers' compensation, which shall be administered by the 495
administrator of workers' compensation. A person appointed to 496
the position of administrator shall possess significant 497
management experience in effectively managing an organization or 498
organizations of substantial size and complexity. The governor 499
shall appoint the administrator as provided in section 121.03 of
the Revised Code, and the administrator shall serve at the 501
pleasure of the governor. The governor shall fix the
administrator's salary on the basis of the administrator's 503
experience and the administrator's responsibilities and duties 504
under this chapter and Chapter 4123., 4127., and 4131. of the 506
Revised Code. The governor shall not appoint to the position of
administrator any person who has, or whose spouse has, given a 508
contribution to the campaign committee of the governor in an 509
amount greater than one thousand dollars during the two-year
period immediately preceding the date of the appointment of the 510
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administrator. After August 31, 2000, the workers' compensation 511
oversight commission shall appoint the administrator as provided 512
in division (F)(9) of section 4121.12 of the Revised Code, and 513
the administrator shall serve at the pleasure of the oversight 515
commission. The oversight commission shall fix the 516
administrator's salary on the basis of the administrator's
experience and the administrator's responsibilities and duties 517
under this chapter and Chapters 4123., 4127., and 4131. of the 519
Revised Code.
The administrator shall hold no other public office and 521
shall devote full time to the duties of administrator. Before 523
entering upon the duties of the office, the administrator shall 524
take an oath of office as required by sections 3.22 and 3.23 of 525
the Revised Code, and shall file in the office of the secretary 526
of state, a bond signed by the administrator and by surety
approved by the governor, for the sum of fifty thousand dollars 527
payable to the state, conditioned upon the faithful performance 528
of the administrator's duties. 529
(B) The administrator is responsible for the management of 532
the bureau of workers' compensation and for the discharge of all 533
administrative duties imposed upon the administrator in this 534
chapter and Chapters 4123., 4127., and 4131. of the Revised Code, 535
and in the discharge thereof shall do all of the following: 536
(1) Establish the overall administrative policy of the 539
bureau for the purposes of this chapter and Chapters 4123.,
4127., and 4131. of the Revised Code, and perform all acts and 540
exercise all authorities and powers, discretionary and otherwise 542
that are required of or vested in the bureau or any of its 543
employees in this chapter and Chapters 4123., 4127., and 4131. of 544
the Revised Code, except the acts and the exercise of authority 545
and power that is required of and vested in the oversight 546
commission or the industrial commission pursuant to those 547
chapters. The treasurer of state shall honor all warrants signed 548
by the administrator, or by one or more of the administrator's 549
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employees, authorized by the administrator in writing, or bearing 551
the facsimile signature of the administrator or such employee 552
under sections 4123.42 and 4123.44 of the Revised Code. 553
(2) Employ, direct, and supervise all employees required 555
in connection with the performance of the duties assigned to the 556
bureau by this chapter and Chapters 4123., 4127., and 4131. of 557
the Revised Code, and may establish job classification plans and 558
compensation for all employees of the bureau provided that this 559
grant of authority shall not be construed as affecting any 560
employee for whom the state employment relations board has 561
established an appropriate bargaining unit under section 4117.06 562
of the Revised Code. All positions of employment in the bureau 563
are in the classified civil service except those employees the 564
administrator may appoint to serve at the administrator's 565
pleasure in the unclassified civil service pursuant to section 566
124.11 of the Revised Code. The administrator shall fix the 567
salaries of employees the administrator appoints to serve at the 569
administrator's pleasure, including the chief operating officer, 570
staff physicians, and other senior management personnel of the
bureau and shall establish the compensation of staff attorneys of 571
the bureau's legal section and their immediate supervisors, and 572
take whatever steps are necessary to provide adequate 573
compensation for other staff attorneys. 574
The administrator may appoint a person holding a certified 576
position in the classified service to any state position in the 577
unclassified service of the bureau of workers' compensation. A 578
person so appointed shall retain the right to resume the position 580
and status held by the person in the classified service
immediately prior to the person's appointment in the unclassified 582
service. If the position the person previously held has been 583
filled or placed in the unclassified service, or is otherwise 584
unavailable, the person shall be appointed to a position in the 585
classified service within the bureau that the department of 586
administrative services certifies is comparable in compensation
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to the position the person previously held. Reinstatement to a 587
position in the classified service shall be to a position 588
substantially equal to that held previously, as certified by the 589
department of administrative services. Service in the position 590
in the unclassified service shall be counted as service in the 592
position in the classified service held by the person immediately 593
prior to the person's appointment in the unclassified service. 594
when a person is reinstated to a position in the classified 595
service as provided in this section, the person is entitled to 596
all rights, status, and benefits accruing to the position during 597
the person's time of service in the position in the unclassified 598
service. 599
(3) Reorganize the work of the bureau, its sections, 601
departments, and offices to the extent necessary to achieve the 602
most efficient performance of its functions and to that end may 603
establish, change, or abolish positions and assign and reassign 604
duties and responsibilities of every employee of the bureau. All 605
persons employed by the commission in positions that, after 606
November 3, 1989, are supervised and directed by the 607
administrator under this section are transferred to the bureau in 608
their respective classifications but subject to reassignment and 609
reclassification of position and compensation as the 610
administrator determines to be in the interest of efficient 611
administration. The civil service status of any person employed 612
by the commission is not affected by this section. Personnel 613
employed by the bureau or the commission who are subject to 614
Chapter 4117. of the Revised Code shall retain all of their 615
rights and benefits conferred pursuant to that chapter as it 616
presently exists or is hereafter amended and nothing in this 617
chapter or Chapter 4123. of the Revised Code shall be construed 618
as eliminating or interfering with Chapter 4117. of the Revised 619
Code or the rights and benefits conferred under that chapter to 620
public employees or to any bargaining unit. 621
(4) Provide offices, equipment, supplies, and other 623
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facilities for the bureau. The administrator also shall provide 625
suitable office space in the service offices for the district 626
hearing officers, the staff hearing officers, and commission 627
employees as requested by the commission.
(5) Prepare and submit to the oversight commission 629
information the administrator considers pertinent or the 630
oversight commission requires, together with the administrator's 632
recommendations, in the form of administrative rules, for the 633
advice and consent of the oversight commission, for 634
classifications of occupations or industries, for premium rates 635
and contributions, for the amount to be credited to the surplus 636
fund, for rules and systems of rating, rate revisions, and merit 637
rating. The administrator shall obtain, prepare, and submit any 638
other information the oversight commission requires for the 640
prompt and efficient discharge of its duties.
(6) Keep the accounts required by division (A) of section 642
4123.34 of the Revised Code and all other accounts and records 643
necessary to the collection, administration, and distribution of 644
the workers' compensation funds and shall obtain the statistical 645
and other information required by section 4123.19 of the Revised 646
Code. 647
(7) Exercise the investment powers vested in the 649
administrator by section 4123.44 of the Revised Code in 650
accordance with the investment objectives, policies, and criteria 652
established by the oversight commission pursuant to section 653
4121.12 of the Revised Code. The administrator shall not engage 654
in any prohibited investment activity specified by the oversight 655
commission pursuant to division (F)(6) of section 4121.12 of the 656
Revised Code. All business shall be transacted, all funds 657
invested, all warrants for money drawn and payments made, and all 658
cash and securities and other property held, in the name of the 659
bureau, or in the name of its nominee, provided that nominees are
authorized by the administrator solely for the purpose of 661
facilitating the transfer of securities, and restricted to the 662
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administrator and designated employees. 663
(8) Make contracts for and supervise the construction of 666
any project or improvement or the construction or repair of 667
buildings under the control of the bureau. 668
(9) Purchase supplies, materials, equipment, and services; 670
make contracts for, operate, and superintend the telephone, other 671
telecommunication, and computer services for the use of the 672
bureau; and make contracts in connection with office 673
reproduction, forms management, printing, and other services. 674
Notwithstanding sections 125.12 to 125.14 of the Revised Code, 675
the administrator may transfer surplus computers and computer
equipment directly to an accredited public school within the 676
state. The computers and computer equipment may be repaired or 677
refurbished prior to the transfer. 678
(10) Separately from the budget the industrial commission 681
submits, prepare and submit to the director of budget and 682
management a budget for each biennium. The budget submitted 683
shall include estimates of the costs and necessary expenditures 684
of the bureau in the discharge of any duty imposed by law as well 685
as the costs of furnishing office space to the district hearing 686
officers, staff hearing officers, and commission employees under 687
division (D) of this section. 688
(11) As promptly as possible in the course of efficient 690
administration, decentralize and relocate such of the personnel 691
and activities of the bureau as is appropriate to the end that 692
the receipt, investigation, determination, and payment of claims 693
may be undertaken at or near the place of injury or the residence 694
of the claimant and for that purpose establish regional offices, 695
in such places as the administrator considers proper, capable of 697
discharging as many of the functions of the bureau as is 698
practicable so as to promote prompt and efficient administration 699
in the processing of claims. All active and inactive lost-time 700
claims files shall be held at the service office responsible for 701
the claim. A claimant, at the claimant's request, shall be 702
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provided with information by telephone as to the location of the 704
file pertaining to claim. The administrator shall ensure that 705
all service office employees report directly to the director for 706
their service office.
(12) Provide a written binder on new coverage where the 708
administrator considers it to be in the best interest of the 709
risk. The administrator, or any other person authorized by the 710
administrator, shall grant the binder upon submission of a 712
request for coverage by the employer. A binder is effective for 713
a period of thirty days from date of issuance and is 714
nonrenewable. Payroll reports and premium charges shall coincide 715
with the effective date of the binder. 716
(13) Set standards for the reasonable and maximum handling 718
time of claims payment functions, ensure, by rules, the impartial 719
and prompt treatment of all claims and employer risk accounts, 720
and establish a secure, accurate method of time stamping all 721
incoming mail and documents hand delivered to bureau employees. 722
(14) Ensure that all employees of the bureau follow the 724
orders and rules of the commission as such orders and rules 725
relate to the commission's overall adjudicatory policy-making and 726
management duties under this chapter and Chapters 4123., 4127., 727
and 4131. of the Revised Code. 728
(15) Manage and operate a data processing system with a 730
common data base for the use of both the bureau and the 731
commission and, in consultation with the commission, using 732
electronic data processing equipment, shall develop a claims 733
tracking system that is sufficient to monitor the status of a 734
claim at any time and that lists appeals that have been filed and 735
orders or determinations that have been issued pursuant to 736
section 4123.511 or 4123.512 of the Revised Code, including the 737
dates of such filings and issuances. 738
(16) Establish and maintain a medical section within the 740
bureau. The medical section shall do all of the following: 741
(a) Assist the administrator in establishing standard 743
18
medical fees, approving medical procedures, and determining 744
eligibility and reasonableness of the compensation payments for 745
medical, hospital, and nursing services, and in establishing 746
guidelines for payment policies which recognize usual, customary, 747
and reasonable methods of payment for covered services; 748
(b) Provide a resource to respond to questions from claims 750
examiners for employees of the bureau; 751
(c) Audit fee bill payments; 753
(d) Implement a program to utilize, to the maximum extent 755
possible, electronic data processing equipment for storage of 756
information to facilitate authorizations of compensation payments 757
for medical, hospital, drug, and nursing services; 758
(e) Perform other duties assigned to it by the 760
administrator. 761
(17) Appoint, as the administrator determines necessary, 763
panels to review and advise the administrator on disputes arising 765
over a determination that a health care service or supply 766
provided to a claimant is not covered under this chapter or 767
Chapter 4123. of the Revised Code or is medically unnecessary. 768
If an individual health care provider is involved in the dispute, 769
the panel shall consist of individuals licensed pursuant to the 770
same section of the Revised Code as such health care provider. 771
(18) Pursuant to section 4123.65 of the Revised Code, 773
approve applications for the final settlement of claims for 774
compensation or benefits under this chapter and Chapters 4123., 775
4127., and 4131. of the Revised Code as the administrator 776
determines appropriate, except in regard to the applications of 778
self-insuring employers and their employees. 779
(19) Comply with section 3517.13 of the Revised Code, and 781
except in regard to contracts entered into pursuant to the 783
authority contained in section 4121.44 of the Revised Code,
comply with the competitive bidding procedures set forth in the 785
Revised Code for all contracts into which the administrator 786
enters provided that those contracts fall within the type of 787
19
contracts and dollar amounts specified in the Revised Code for 788
competitive bidding and further provided that those contracts are
not otherwise specifically exempt from the competitive bidding 789
procedures contained in the Revised Code. 790
(20) Adopt, with the advice and consent of the oversight 792
commission, rules for the operation of the bureau. 793
(21) Prepare and submit to the oversight commission 795
information the administrator considers pertinent or the 796
oversight commission requires, together with the administrator's 797
recommendations, in the form of administrative rules, for the 798
advice and consent of the oversight commission, for the health 799
partnership program and the qualified health plan system, as
provided in sections 4121.44, 4121.441, and 4121.442 of the 800
Revised Code.
(C) The administrator, with the advice and consent of the 802
senate, shall appoint a chief operating officer who has 804
significant experience in the field of workers' compensation 805
insurance or other similar insurance industry experience if the
administrator does not possess such experience. The chief 806
operating officer shall not commence the chief operating 807
officer's duties until after the senate consents to the chief 808
operating officer's appointment. The chief operating officer 809
shall serve in the unclassified civil service of the state. 810
Sec. 4121.37. The administrator of workers' compensation 819
having, by virtue of Section 35 of Article II, Ohio Constitution, 820
the expenditure of the fund therein created for the investigation 821
and prevention of industrial accidents and diseases, shall, with 822
the advice and consent of the workers' compensation oversight 823
commission, in the exercise of the administrator's authority and 824
in the performance of the administrator's duty, employ a 825
superintendent and the necessary experts, engineers,
investigators, clerks, and stenographers for the efficient 826
operation of a division of safety and hygiene of the bureau of 827
workers' compensation, which is hereby created. 828
20
The general assembly hereby declares that in furtherance of 830
the authority granted to the administrator pursuant to Section 35 831
of Article II, Ohio Constitution, and to encourage public 832
employers to operate and maintain safe places of employment for 833
public employees of this state, the administrator, with the 835
advice and consent of the oversight commission, may transfer 836
funds, certified as provided in section 126.07 of the Revised 838
Code, from the safety and hygiene fund to the occupational safety 840
loan fund created in section 4121.48 of the Revised Code, for the 841
purposes of that section. 842
The administrator of workers' compensation, with the advice 845
and consent of the oversight commission, shall pay into the
safety and hygiene fund, which is hereby created in the state 847
treasury, the portion of the contributions paid by employers, 848
calculated as though all employers paid premiums based upon 849
payroll, not to exceed three-fourths of one ONE per cent thereof 850
in any year, as is necessary for the payment of the salary of the 851
superintendent of the division of safety and hygiene and the 852
compensation of the other employees of the division of safety and 853
hygiene, and the expenses of investigations and researches for 854
the prevention of industrial accidents and diseases. All 855
investment earning of the fund shall be credited to the fund. 856
The administrator has the same powers to invest any of the funds 857
belonging to the fund as are delegated to the administrator under 858
section 4123.44 of the Revised Code with respect to the state 859
insurance fund. The superintendent, under the direction of the 861
administrator, with the advice and consent of the oversight 862
commission, shall conduct investigations and researches for the
prevention of industrial accidents and diseases, conduct loss 863
prevention programs and courses for employers, establish and 864
administrate cooperative programs with employers for the purchase 865
of individual safety equipment for employees, and print and 866
distribute information as may be of benefit to employers and 867
employees. The administrator shall pay from the safety and 868
21
hygiene fund the salary of the superintendent of the division of 869
safety and hygiene, the compensation of the other employees of 871
the division of safety and hygiene, the expenses necessary or 872
incidental to investigations and researches for the prevention of 873
industrial accidents and diseases, and the cost of printing and 875
distributing such information.
The superintendent, under the direction of the 877
administrator, shall prepare an annual report, addressed to the 878
governor, on the amount of the expenditures and the purposes for 879
which they have been made, and the results of the investigations 880
and researches. The administrator shall include the 881
administrative costs, salaries, and other expenses of the 882
division of safety and hygiene as a part of the budget of the 883
bureau of workers' compensation that is submitted to the director 885
of budget and management and shall identify those expenditures
separately from other bureau expenditures. 886
The superintendent shall be a competent person with at 888
least five years' experience in industrial accident or disease 889
prevention work. The superintendent and up to six positions in 890
the division of safety and hygiene as the administrator, with the 891
advice and consent of the oversight commission, designates are in 892
the unclassified civil service of the state as long as the 893
administrator, with the advice and consent of the oversight 894
commission, determines the positions subordinate to the 895
superintendent are primarily and distinctively administrative, 896
managerial, or professional in character. All other full-time 897
employees of the division of safety and hygiene are in the 898
classified civil service of the state. 899
Sec. 4121.44. (A) The administrator of workers' 908
compensation shall oversee the implementation of the Ohio 909
workers' compensation qualified health plan system as established 910
under section 4121.442 of the Revised Code. 911
(B) The administrator shall direct the implementation of 914
the health partnership program administered by the bureau as set 915
22
forth in section 4121.441 of the Revised Code. To implement the 916
health partnership program, the bureau:
(1) Shall certify one or more external vendors to provide 918
medical management and cost containment services in the health 919
partnership program for a period of two years beginning on the 921
date of certification, consistent with the standards established 922
under this section;
(2) May recertify external vendors for an additional 925
period PERIODS of two years upon the expiration of the 926
certification set forth in division (B)(1) of this section; and 928
(3) May integrate the certified vendors with bureau staff 931
and existing bureau services for purposes of operation and
training to allow the bureau to assume operation of the health 932
partnership program at the conclusion of the certification 934
periods set forth in division (B)(1) or (2) of this section. 935
(C) Any vendor selected shall demonstrate all of the 937
following: 938
(1) Arrangements and reimbursement agreements with a 940
substantial number of the medical, professional and pharmacy 941
providers currently being utilized by claimants. 942
(2) Ability to accept a common format of medical bill data 944
in an electronic fashion from any provider who wishes to submit 945
medical bill data in that form. 946
(3) A computer system able to handle the volume of medical 948
bills and willingness to customize that system to the bureau's 950
needs and to be operated by the vendor's staff, bureau staff, or 951
some combination of both staffs.
(4) A prescription drug system where pharmacies on a 953
statewide basis have access to the eligibility and pricing, at a 954
discounted rate, of all prescription drugs. 955
(5) A tracking system to record all telephone calls from 957
claimants and providers regarding the status of submitted medical 959
bills so as to be able to track each inquiry.
(6) Data processing capacity to absorb all of the bureau's 961
23
medical bill processing or at least that part of the processing 962
which the bureau arranges to delegate. 963
(7) Capacity to store, retrieve, array, simulate, and 965
model in a relational mode all of the detailed medical bill data 966
so that analysis can be performed in a variety of ways and so 967
that the bureau and its governing authority can make informed 968
decisions. 969
(8) Wide variety of software programs which translate 971
medical terminology into standard codes, and which reveal if a 972
provider is manipulating the procedures codes, commonly called 974
"unbundling."
(9) Necessary professional staff to conduct, at a minimum, 976
authorizations for treatment, medical necessity, utilization 977
review, concurrent review, post-utilization review, and have the 978
attendant computer system which supports such activity and 979
measures the outcomes and the savings. 980
(10) Management experience and flexibility to be able to 982
react quickly to the needs of the bureau in the case of required 983
change in federal or state requirements. 984
(D) The administrator may limit freedom of choice of 988
health care provider or supplier by requiring, beginning with the 989
period set forth in division (B)(1) or (2) of this section, that 990
claimants shall pay an appropriate out-of-plan co-pay COPAYMENT 992
for selecting a medical provider not within the health 994
partnership program as provided for in this section.
(E) The administrator, six months prior to the expiration 997
of the bureau's certification or recertification of the vendor or 998
vendors as set forth in division (B)(1) or (2) of this section, 1,000
may certify and provide evidence to the governor, the speaker of 1,001
the house of representatives, and the president of the senate 1,002
that the existing bureau staff is able to match or exceed the 1,003
performance and outcomes of the external vendor or vendors and 1,004
that the bureau should be permitted to internally administer the 1,005
health partnership program upon the expiration of the 1,006
24
certification or recertification as set forth in division (B)(1) 1,007
or (2) of this section.
(F) The administrator shall establish and operate a bureau 1,009
of workers' compensation health care data program. The 1,011
administrator may contract with the Ohio health care data center 1,012
for such purposes. The administrator shall develop reporting 1,013
requirements from all employees, employers and medical providers, 1,014
medical vendors, and plans that participate in the workers' 1,015
compensation system. The administrator shall do all of the 1,016
following:
(1) Utilize the collected data to measure and perform 1,018
comparison analyses of costs, quality, appropriateness of medical 1,019
care, and effectiveness of medical care delivered by all 1,021
components of the workers' compensation system.
(2) Compile data to support activities of the selected 1,023
vendor or vendors and to measure the outcomes and savings of the 1,024
health partnership program. 1,025
(3) Publish and report compiled data to the governor, the 1,027
speaker of the house of representatives, and the president of the 1,028
senate on the first day of each January and July, the measures of 1,030
outcomes and savings of the health partnership program and the 1,031
qualified health plan system. The administrator shall protect 1,032
the confidentiality of all proprietary pricing data. 1,033
(G) Any rehabilitation facility the bureau operates is 1,035
eligible for inclusion in the Ohio workers' compensation 1,036
qualified health plan system or the health partnership program 1,037
under the same terms as other providers within health care plans 1,038
or the program. 1,039
(H) In areas outside the state or within the state where 1,041
no qualified health plan or an inadequate number of providers 1,042
within the health partnership program exist, the administrator 1,043
shall permit employees to use a nonplan or nonprogram health care 1,044
provider and shall pay the provider for the services or supplies 1,045
provided to or on behalf of an employee for an injury or 1,046
25
occupational disease that is compensable under this chapter or 1,047
Chapter 4123., 4127., or 4131. of the Revised Code on a fee 1,048
schedule the administrator adopts. 1,049
(I) No certified health care provider shall charge, 1,051
assess, or otherwise attempt to collect from an employee, 1,052
employer, a managed care organization, or the bureau any amount 1,053
for covered services or supplies that is in excess of the allowed 1,054
amount paid by a managed care organization, the bureau, or a 1,055
qualified health plan. 1,056
(J) The administrator shall permit any employer or group 1,058
of employers who agree to abide by the rules adopted under this 1,059
section and sections 4121.441 and 4121.442 of the Revised Code to 1,060
provide services or supplies to or on behalf of an employee for 1,061
an injury or occupational disease that is compensable under this 1,062
chapter or Chapter 4123., 4127., or 4131. of the Revised Code 1,063
through qualified health plans of the Ohio workers' compensation 1,064
qualified health plan system pursuant to section 4121.442 of the 1,065
Revised Code or through the health partnership program pursuant 1,066
to section 4121.441 of the Revised Code. No amount paid under 1,067
the qualified health plan system pursuant to section 4121.442 of 1,068
the Revised Code by an employer who is a state fund employer 1,069
shall be charged to the employer's experience or otherwise be 1,070
used in merit-rating or determining the risk of that employer for 1,071
the purpose of the payment of premiums under this chapter, and if 1,072
the employer is a self-insuring employer, the employer shall not 1,073
include that amount in the paid compensation the employer reports 1,075
under section 4123.35 of the Revised Code.
Sec. 4121.63. Claimants who the administrator of workers' 1,084
compensation determines could probably be rehabilitated to 1,085
achieve the goals established by section 4121.61 of the Revised 1,086
Code and who agree to undergo rehabilitation shall be paid living 1,087
maintenance payments for a period or periods which do not exceed 1,088
six months in the aggregate, unless review by the administrator 1,089
or his THE ADMINISTRATOR'S designee reveals that the claimant 1,090
26
will be benefited by an extension of such payments. 1,091
Living maintenance payments shall be paid in weekly 1,093
amounts, not to exceed the amount the claimant would receive if 1,094
the claimant were being compensated for temporary total 1,095
disability, but not less than fifty per cent of the current state 1,096
average weekly wage. LIVING MAINTENANCE PAYMENTS SHALL COMMENCE 1,097
AT THE TIME THE CLAIMANT BEGINS TO PARTICIPATE IN AN APPROVED 1,098
REHABILITATION PROGRAM.
A claimant receiving living maintenance payments shall be 1,100
deemed to be temporarily totally disabled and shall receive no 1,101
payment of any type of compensation except as provided by 1,102
division (B) of section 4123.57 of the Revised Code for the 1,103
periods during which the claimant is receiving living maintenance 1,104
payments. 1,105
Sec. 4123.343. This section shall be construed liberally 1,114
to the end that employers shall be encouraged to employ and 1,115
retain in their employment handicapped employees as defined in 1,116
this section. 1,117
(A) As used in this section, "handicapped employee" means 1,119
an employee who is afflicted with or subject to any physical or 1,120
mental impairment, or both, whether congenital or due to an 1,121
injury or disease of such character that the impairment 1,122
constitutes a handicap in obtaining employment or would 1,123
constitute a handicap in obtaining reemployment if the employee 1,124
should become unemployed and whose handicap is due to any of the 1,125
following diseases or conditions: 1,126
(1) Epilepsy; 1,128
(2) Diabetes; 1,130
(3) Cardiac disease; 1,132
(4) Arthritis; 1,134
(5) Amputated foot, leg, arm, or hand; 1,136
(6) Loss of sight of one or both eyes or a partial loss of 1,138
uncorrected vision of more than seventy-five per cent 1,139
bilaterally; 1,140
27
(7) Residual disability from poliomyelitis; 1,142
(8) Cerebral palsy; 1,144
(9) Multiple sclerosis; 1,146
(10) Parkinson's disease; 1,148
(11) Cerebral vascular accident; 1,150
(12) Tuberculosis; 1,152
(13) Silicosis; 1,154
(14) Psycho-neurotic disability following treatment in a 1,156
recognized medical or mental institution; 1,157
(15) Hemophilia; 1,159
(16) Chronic osteomyelitis; 1,161
(17) Ankylosis of joints; 1,163
(18) Hyper insulinism; 1,165
(19) Muscular dystrophies; 1,167
(20) Arterio-sclerosis; 1,169
(21) Thrombo-phlebitis; 1,171
(22) Varicose veins; 1,173
(23) Cardiovascular, pulmonary, or respiratory diseases of 1,175
a fire fighter FIREFIGHTER or police officer employed by a 1,176
municipal corporation or township as a regular member of a 1,177
lawfully constituted police department or fire department; 1,178
(24) Coal miners' pneumoconiosis, commonly referred to as 1,180
"black lung disease"; 1,181
(25) Disability with respect to which an individual has 1,183
completed a rehabilitation program conducted pursuant to sections 1,184
4121.61 to 4121.69 of the Revised Code. 1,185
(B) Under the circumstances set forth in this section all 1,187
or such portion as the administrator determines of the 1,188
compensation and benefits paid in any claim arising hereafter 1,189
shall be charged to and paid from the statutory surplus fund 1,190
created under section 4123.34 of the Revised Code and only the 1,191
portion remaining shall be merit-rated or otherwise treated as 1,192
part of the accident or occupational disease experience of the 1,193
employer. If the employer is a self-insuring employer, the 1,194
28
proportion of such costs whether charged to the statutory surplus 1,195
fund in whole or in part shall be by way of direct payment to 1,196
such employee or his THE EMPLOYEE'S dependents or by way of 1,197
reimbursement to the self-insuring employer as the circumstances 1,198
indicate. The provisions of this section apply only in cases of 1,199
death, total disability, whether temporary or permanent, and all 1,200
disabilities compensated under division (B) of section 4123.57 of 1,201
the Revised Code. The administrator shall adopt rules specifying 1,202
the grounds upon which charges to the statutory surplus fund are 1,203
to be made. The rules shall prohibit as a grounds any agreement 1,204
between employer and claimant as to the merits of a claim and the 1,205
amount of the charge. 1,206
(C) Any employer who advises the bureau of workers' 1,208
compensation prior to the occurrence of an injury or occupational 1,209
disease that it has in its employ a handicapped employee is 1,210
entitled, in the event the person is injured, to a determination 1,211
under this section. Any employer who fails to notify the bureau 1,212
but applies for a determination under this section is entitled to 1,213
a determination if the bureau finds that there was good cause for 1,214
the failure to give notice of the employment of the handicapped 1,215
employee. The bureau annually shall require employers to file an 1,216
inventory of current handicapped employees. 1,217
An employer shall file an application UNDER THIS SECTION 1,219
for a determination with the bureau or commission in the same 1,221
manner as other claims. An application only may be made in cases 1,222
where a handicapped employee or his A HANDICAPPED EMPLOYEE'S 1,223
dependents claim or is receiving an award of compensation as a 1,224
result of an injury or occupational disease occurring or 1,225
contracted on or after the date on which division (A) of this 1,226
section first included the handicap of such employee. 1,227
(D) The circumstances under and the manner in which an 1,229
apportionment under this section shall be made are: 1,230
(1) Whenever a handicapped employee is injured or disabled 1,232
or dies as the result of an injury or occupational disease 1,233
29
sustained in the course of and arising out of his A HANDICAPPED 1,234
EMPLOYEE'S employment in this state and the administrator awards 1,235
compensation therefor and when it appears to the satisfaction of 1,237
the administrator that the injury or occupational disease or the 1,238
death resulting therefrom would not have occurred but for the 1,239
pre-existing physical or mental impairment of the handicapped 1,240
employee, all compensation and benefits payable on account of the 1,241
disability or death shall be paid from the surplus fund. 1,242
(2) Whenever a handicapped employee is injured or disabled 1,244
or dies as a result of an injury or occupational disease and the 1,245
administrator finds that the injury or occupational disease would 1,246
have been sustained or suffered without regard to the employee's 1,247
pre-existing impairment but that the resulting disability or 1,248
death was caused at least in part through aggravation of the 1,249
employee's pre-existing disability, the administrator shall 1,250
determine in a manner that is equitable and reasonable and based 1,251
upon medical evidence the amount of disability or proportion of 1,252
the cost of the death award that is attributable to the 1,253
employee's pre-existing disability and the amount found shall be 1,255
charged to the statutory surplus fund.
(E) The benefits and provisions of this section apply only 1,257
to employers who have complied with this chapter either through 1,258
insurance with the state fund or as a self-insuring employer. 1,259
(F) No employer shall in any year receive credit under 1,261
this section in an amount greater than the premium he THE 1,262
EMPLOYER paid if a state fund employer or greater than his THE 1,263
EMPLOYER'S assessments if a self-insuring employer. 1,264
(G) Self-insuring employers may, for all claims made after 1,266
January 1, 1987, for compensation and benefits under this 1,267
section, pay the compensation and benefits directly to the 1,268
employee or the employee's dependents. If such an employer 1,269
chooses to pay compensation and benefits directly, he THE 1,270
EMPLOYER shall receive no money or credit from the surplus fund 1,271
for the payment under this section, nor shall he THE EMPLOYER be 1,272
30
required to pay any amounts into the surplus fund that otherwise 1,273
would be assessed for handicapped reimbursements for claims made 1,274
after January 1, 1987. Where a self-insuring employer elects to 1,275
pay for compensation and benefits pursuant to this section, he 1,276
THE EMPLOYER shall assume responsibility for compensation and 1,277
benefits arising out of claims made prior to January 1, 1987, and 1,278
shall not be required to pay any amounts into the surplus fund 1,279
and may not receive any money or credit from that fund on account 1,280
of this section. The election made under this division is 1,281
irrevocable.
(H) An order issued by the administrator pursuant to this 1,283
section is appealable under section 4123.511 of the Revised Code 1,284
but is not appealable to court under section 4123.512 of the 1,285
Revised Code. 1,286
Sec. 4123.511. (A) Within seven days after receipt of any 1,297
claim under this chapter, the bureau of workers' compensation
shall notify the claimant and the employer of the claimant of the 1,298
receipt of the claim and of the facts alleged therein. If the 1,299
bureau receives from a person other than the claimant written or 1,300
telecommunicated information indicating that an injury or 1,301
occupational disease has occurred or been contracted with may be 1,302
compensable under this chapter, the bureau shall notify the 1,303
employee and the employer of the information. If the information 1,304
is provided by any method of telecommunication, the person 1,305
providing the information shall provide written verification of 1,306
the information to the bureau according to division (E) of 1,307
section 4123.84 of the Revised Code. The receipt of the 1,308
information in writing, or if by a method of telecommunications, 1,309
the written verification, and the notice by the bureau shall be 1,310
considered an application for compensation under section 4123.84 1,311
or 4123.85 of the Revised Code provided that the conditions of 1,312
division (E) of section 4123.84 of the Revised Code apply to 1,313
information provided by a method of telecommunication. Upon 1,314
receipt of a claim, the bureau shall advise the claimant of the 1,315
31
claim number assigned and the claimant's right to representation 1,316
in the processing of a claim or to elect no representation. If 1,317
the bureau determines that a claim is determined to be a 1,318
compensable lost-time claim, the bureau shall notify the claimant 1,319
and the employer of the availability of rehabilitation services. 1,320
No bureau or industrial commission employee shall directly or 1,321
indirectly convey any information in derogation of this right. 1,322
This section shall in no way abrogate the bureau's responsibility 1,323
to aid and assist a claimant in the filing of a claim and to 1,324
advise the claimant of the claimant's rights under the law. 1,325
The administrator of workers' compensation shall assign all 1,327
claims and investigations to the bureau service office from which 1,328
investigation and determination may be made most expeditiously. 1,329
The bureau shall investigate the facts concerning an injury 1,331
or occupational disease and ascertain such facts in whatever 1,332
manner is most appropriate and may obtain statements of the 1,333
employee, employer, attending physician, and witnesses in 1,334
whatever manner is most appropriate. 1,335
(B)(1) Except as provided in division (B)(2) of this 1,337
section, in claims other than those in which the employer is a 1,338
self-insuring employer, if the administrator determines under 1,339
division (A) of this section that a claimant is or is not 1,340
entitled to an award of compensation or benefits, the 1,341
administrator shall issue an order, no sooner than twenty-one 1,342
days but no later than twenty-eight days after the sending of the 1,345
notice under division (A) of this section, granting or denying 1,346
the payment of the compensation or benefits, or both as is 1,347
appropriate to the claimant. Notwithstanding the time limitation 1,348
specified in this division for the issuance of an order, if a 1,349
medical examination of the claimant is required by statute, the 1,350
administrator promptly shall schedule the claimant for that
examination and shall issue an order no later than twenty-eight 1,351
days after receipt of the report of the examination. The 1,352
administrator shall notify the claimant and the employer of the 1,354
32
claimant and their respective representatives in writing of the 1,355
nature of the order and the amounts of compensation and benefit 1,356
payments involved. The employer or claimant may appeal the order 1,357
pursuant to division (C) of this section within fourteen days 1,358
after the date of the receipt of the order. The employer and 1,359
claimant may waive, in writing, their rights to an appeal under 1,360
this division.
(2) Notwithstanding the time limitation specified in 1,362
division (B)(1) of this section for the issuance of an order, if 1,363
the employer certifies a claim for payment of compensation or 1,364
benefits, or both, to a claimant, and the administrator has 1,365
completed the investigation of the claim, the payment of benefits 1,367
or compensation, or both, as is appropriate, shall commence upon 1,368
the later of the date of the certification or completion of the 1,369
investigation and issuance of the order by the administrator, 1,370
provided that the administrator shall issue the order no later 1,371
than the time limitation specified in division (B)(1) of this 1,372
section. 1,373
(3) If an appeal is made under division (B)(1) or (2) of 1,375
this section, the administrator shall forward the claim file to 1,376
the appropriate district hearing officer within seven days of the 1,377
appeal. In contested claims other than state fund claims, the 1,378
administrator shall forward the claim within seven days of the 1,379
administrator's receipt of the claim to the commission, which 1,381
shall refer the claim to an appropriate district hearing officer 1,382
for a hearing in accordance with division (C) of this section. 1,383
(C) If an employer or claimant timely appeals the order of 1,385
the administrator issued under division (B) of this section or in 1,386
the case of other contested claims other than state fund claims, 1,387
the commission shall refer the claim to an appropriate district 1,388
hearing officer according to rules the commission adopts under 1,389
section 4121.36 of the Revised Code. The district hearing 1,390
officer shall notify the parties and their respective 1,391
representatives of the time and place of the hearing. 1,392
33
The district hearing officer shall hold a hearing on a 1,394
disputed issue or claim within forty-five days after the filing 1,396
of the appeal under this division and issue a decision within 1,397
seven days after holding the hearing. The district hearing 1,398
officer shall notify the parties and their respective
representatives in writing of the order. Any party may appeal an 1,400
order issued under this division pursuant to division (D) of this 1,401
section within fourteen days after receipt of the order under 1,402
this division. 1,403
(D) Upon the timely filing of an appeal of the order of 1,405
the district hearing officer issued under division (C) of this 1,406
section, the commission shall refer the claim file to an 1,407
appropriate staff hearing officer according to its rules adopted 1,408
under section 4121.36 of the Revised Code. The staff hearing 1,409
officer shall hold a hearing within forty-five days after the 1,410
filing of an appeal under this division and issue a decision 1,411
within seven days after holding the hearing under this division. 1,414
The staff hearing officer shall notify the parties and their 1,415
respective representatives in writing his OF THE STAFF HEARING
OFFICER'S order. Any party may appeal an order issued under this 1,417
division pursuant to division (E) of this section within fourteen 1,418
days after receipt of the order under this division. 1,419
(E) Upon the filing of a timely appeal of the order of the 1,421
staff hearing officer issued under division (D) of this section, 1,422
the commission or a designated staff hearing officer, on behalf 1,423
of the commission, shall determine whether the commission will 1,425
hear the appeal. If the commission or the designated staff
hearing officer decides to hear the appeal, the commission or the 1,427
designated staff hearing officer shall notify the parties and 1,428
their respective representatives in writing of the time and place 1,429
of the hearing. The commission shall hold the hearing within 1,430
forty-five days after the filing of the notice of appeal and, 1,431
within seven days after the conclusion of the hearing, the 1,432
commission shall issue its order affirming, modifying, or 1,433
34
reversing the order issued under division (D) of this section. 1,434
The commission shall notify the parties and their respective 1,435
representatives in writing of the order. If the commission or 1,436
the designated staff hearing officer determines not to hear the 1,437
appeal, within fourteen days after the filing of the notice of 1,438
appeal, the commission or the designated staff hearing officer 1,439
shall issue an order to that effect and notify the parties and
their respective representatives in writing of that order. 1,440
Except as otherwise provided in this chapter and Chapters 1,442
4121., 4127., and 4131. of the Revised Code, any party may appeal 1,443
an order issued under this division to the court pursuant to 1,444
section 4123.512 of the Revised Code within sixty days after 1,445
receipt of the order, subject to the limitations contained in 1,446
that section. 1,447
(F) Every notice of an appeal from an order issued under 1,449
divisions (B), (C), (D), and (E) of this section shall state the 1,450
names of the claimant and employer, the number of the claim, the 1,451
date of the decision appealed from, and the fact that the 1,452
appellant appeals therefrom. 1,453
(G) All of the following apply to the proceedings under 1,455
divisions (C), (D), and (E) of this section: 1,456
(1) The parties shall proceed promptly and without 1,458
continuances except for good cause; 1,459
(2) The parties, in good faith, shall engage in the free 1,461
exchange of information relevant to the claim prior to the 1,462
conduct of a hearing according to the rules the commission adopts 1,463
under section 4121.36 of the Revised Code; 1,464
(3) The administrator is a party and may appear and 1,466
participate at all administrative proceedings on behalf of the 1,467
state insurance fund. However, in cases in which the employer is 1,468
represented, the administrator shall neither present arguments 1,469
nor introduce testimony that is cumulative to that presented or 1,470
introduced by the employer or the employer's representative. The 1,471
administrator may file an appeal under this section on behalf of
35
the state insurance fund; however, except in cases arising under 1,472
section 4123.343 of the Revised Code, the administrator only may 1,473
appeal questions of law or issues of fraud when the employer 1,474
appears in person or by representative.
(H) Except as provided in SECTION 4121.63 OF THE REVISED 1,476
CODE AND division (J) of this section, payments of compensation 1,477
to a claimant or on behalf of a claimant as a result of any order 1,478
issued under this chapter shall commence upon the earlier of the 1,479
following:
(1) Fourteen days after the date the administrator issues 1,481
an order under division (B) of this section, unless that order is 1,482
appealed; 1,483
(2) Twenty-one days after the date when the employer has 1,485
waived the right to appeal a decision issued under division (B) 1,486
of this section;
(3) If no appeal of an order has been filed under this 1,488
section or to a court under section 4123.512 of the Revised Code, 1,489
the expiration of the time limitations for the filing of an 1,490
appeal of an order; 1,491
(4) The date of receipt by the employer of an order of a 1,493
district hearing officer, a staff hearing officer, or the 1,495
industrial commission issued under division (C), (D), or (E) of 1,496
this section.
(I) No medical benefits payable under this chapter or 1,498
Chapter 4121., 4127., or 4131. of the Revised Code are payable 1,499
until the earlier of the following: 1,500
(1) The date of the issuance of the staff hearing 1,502
officer's order under division (D) of this section; 1,503
(2) The date of the final administrative or judicial 1,505
determination. 1,506
(J) Upon the final administrative or judicial 1,508
determination under this section or section 4123.512 of the 1,509
Revised Code of an appeal of an order to pay compensation, if a 1,510
claimant is found to have received compensation pursuant to a 1,511
36
prior order which is reversed upon subsequent appeal, the 1,512
claimant's employer, if a self-insuring employer, or the bureau, 1,514
shall withhold from any amount to which the claimant becomes 1,515
entitled pursuant to any claim, past, present, or future, under 1,516
Chapter 4121., 4123., 4127., or 4131. of the Revised Code, the 1,517
amount of previously paid compensation to the claimant which, due 1,518
to reversal upon appeal, the claimant is not entitled, pursuant 1,519
to the following criteria: 1,520
(1) No withholding for the first twelve weeks of temporary 1,522
total disability compensation pursuant to section 4123.56 of the 1,523
Revised Code shall be made; 1,524
(2) Forty per cent of all awards of compensation paid 1,526
pursuant to sections 4123.56 and 4123.57 of the Revised Code, 1,527
until the amount overpaid is refunded; 1,528
(3) Twenty-five per cent of any compensation paid pursuant 1,530
to section 4123.58 of the Revised Code until the amount overpaid 1,531
is refunded; 1,532
(4) If, pursuant to an appeal under section 4123.512 of 1,534
the Revised Code, the court of appeals or the supreme court 1,535
reverses the allowance of the claim, then no amount of any 1,536
compensation will be withheld. 1,537
The administrator and self-insuring employers, as 1,539
appropriate, are subject to the repayment schedule of this 1,540
division only with respect to an order to pay compensation that 1,541
was properly paid under a previous order, but which is
subsequently reversed upon an administrative or judicial appeal. 1,542
The administrator and self-insuring employers are not subject to, 1,543
but may utilize, the repayment schedule of this division, or any 1,544
other lawful means, to collect payment of compensation made to a 1,545
person who was not entitled to the compensation due to fraud as 1,546
determined by the administrator or the industrial commission. 1,547
(K) If a staff hearing officer or the commission fails to 1,549
issue a decision or the commission fails to refuse to hear an 1,550
appeal within the time periods required by this section, payments 1,551
37
to a claimant shall cease until the staff hearing officer or 1,552
commission issues a decision or hears the appeal, unless the 1,553
failure was due to the fault or neglect of the employer or the 1,554
employer agrees that the payments should continue for a longer 1,555
period of time. 1,556
(L) Except as otherwise provided in this section or 1,558
section 4123.522 of the Revised Code, no appeal is timely filed 1,559
under this section unless the appeal is filed with the time 1,560
limits set forth in this section.
(M) No person who is not an employee of the bureau or 1,562
commission or who is not by law given access to the contents of a 1,563
claims file shall have a file in the person's possession. 1,564
(N) Upon application of a party who resides in an area in 1,567
which an emergency or disaster is declared, the industrial 1,568
commission and hearing officers of the commission may waive the 1,569
time frame within which claims and appeals of claims set forth in 1,570
this section must be filed upon a finding that the applicant was 1,571
unable to comply with a filing deadline due to an emergency or a 1,572
disaster.
As used in this division: 1,574
(1) "Emergency" means any occasion or instance for which 1,576
the governor of Ohio or the president of the United States 1,578
publicly declares an emergency and orders state or federal 1,579
assistance to save lives and protect property, the public health 1,580
and safety, or to lessen or avert the threat of a catastrophe. 1,581
(2) "Disaster" means any natural catastrophe or fire, 1,583
flood, or explosion, regardless of the cause, that causes damage 1,584
of sufficient magnitude that the governor of Ohio or the 1,585
President of the United States, through a public declaration, 1,587
orders state or federal assistance to alleviate damage, loss, 1,588
hardship, or suffering that results from the occurrence. 1,589
Sec. 4123.512. (A) The claimant or the employer may 1,598
appeal an order of the industrial commission made under division 1,599
(E) of section 4123.511 of the Revised Code in any injury or 1,600
38
occupational disease case, other than a decision as to the extent 1,601
of disability to the court of common pleas of the county in which 1,603
the injury was inflicted or in which the contract of employment 1,604
was made if the injury occurred outside the state, or in which 1,605
the contract of employment was made if the exposure occurred 1,606
outside the state. If no common pleas court has jurisdiction for 1,607
the purposes of an appeal by the use of the jurisdictional 1,608
requirements described in this division, the appellant may use 1,609
the venue provisions in the Rules of Civil Procedure to vest 1,610
jurisdiction in a court. If the claim is for an occupational 1,611
disease the appeal shall be to the court of common pleas of the 1,612
county in which the exposure which caused the disease occurred. 1,613
Like appeal may be taken from an order of a staff hearing officer 1,614
made under division (D) of section 4123.511 of the Revised Code 1,615
from which the commission has refused to hear an appeal. The 1,616
appellant shall file the notice of appeal with a court of common 1,617
pleas within sixty days after the date of the receipt of the 1,618
order appealed from or the date of receipt of the order of the 1,619
commission refusing to hear an appeal of a staff hearing 1,620
officer's decision under division (D) of section 4123.511 of the 1,621
Revised Code. The filing of the notice of the appeal with the 1,622
court is the only act required to perfect the appeal.
If an action has been commenced in a court of a county 1,624
other than a court of a county having jurisdiction over the 1,625
action, the court, upon notice by any party or upon its own 1,626
motion, shall transfer the action to a court of a county having 1,627
jurisdiction. 1,628
Notwithstanding anything to the contrary in this section, 1,630
if the commission determines under section 4123.522 of the 1,631
Revised Code that an employee, employer, or their respective 1,632
representatives have not received written notice of an order or 1,633
decision which is appealable to a court under this section and 1,634
which grants relief pursuant to section 4123.522 of the Revised 1,635
Code, the party granted the relief has sixty days from receipt of 1,636
39
the order under section 4123.522 of the Revised Code to file a 1,637
notice of appeal under this section. 1,638
(B) The notice of appeal shall state the names of the 1,640
claimant and the employer, the number of the claim, the date of 1,641
the order appealed from, and the fact that the appellant appeals 1,642
therefrom. 1,643
The administrator, the claimant, and the employer shall be 1,645
parties to the appeal and the court, upon the application of the 1,646
commission, shall make the commission a party. THE PARTY FILING 1,647
THE APPEAL SHALL SERVE A COPY OF THE NOTICE OF APPEAL ON THE 1,648
ADMNISTRATOR OF WORKERS' COMPENSATION AT THE CENTRAL OFFICE OF 1,649
THE BUREAU OF WORKERS' COMPENSATION IN COLUMBUS. The 1,650
administrator shall notify the employer that if the employer 1,651
fails to become an active party to the appeal, then the 1,653
administrator may act on behalf of the employer and the results 1,654
of the appeal could have an adverse effect upon the employer's 1,655
premium rates.
(C) The attorney general or one or more of the attorney 1,657
general's assistants or special counsel designated by the 1,659
attorney general shall represent the administrator and the 1,660
commission. In the event the attorney general or the attorney 1,661
general's designated assistants or special counsel are absent, 1,663
the administrator or the commission shall select one or more of 1,664
the attorneys in the employ of the administrator or the
commission as the administrator's attorney or the commission's 1,666
attorney in the appeal. Any attorney so employed shall continue 1,667
the representation during the entire period of the appeal and in 1,668
all hearings thereof except where the continued representation 1,669
becomes impractical.
(D) Upon receipt of notice of appeal the clerk of courts 1,671
shall provide notice to all parties who are appellees and to the 1,672
commission. 1,673
The claimant shall, within thirty days after the filing of 1,675
the notice of appeal, file a petition containing a statement of 1,676
40
facts in ordinary and concise language showing a cause of action 1,677
to participate or to continue to participate in the fund and 1,678
setting forth the basis for the jurisdiction of the court over 1,679
the action. Further pleadings shall be had in accordance with 1,680
the Rules of Civil Procedure, provided that service of summons on 1,681
such petition shall not be required. The clerk of the court 1,682
shall, upon receipt thereof, transmit by certified mail a copy 1,683
thereof to each party named in the notice of appeal other than 1,684
the claimant. Any party may file with the clerk prior to the 1,685
trial of the action a deposition of any physician taken in 1,686
accordance with the provisions of the Revised Code, which 1,687
deposition may be read in the trial of the action even though the 1,688
physician is a resident of or subject to service in the county in 1,689
which the trial is had. The bureau of workers' compensation 1,690
shall pay the cost of the stenographic deposition filed in court 1,691
and of copies of the stenographic deposition for each party from 1,693
the surplus fund and charge the costs thereof against the 1,695
unsuccessful party if the claimant's right to participate or 1,696
continue to participate is finally sustained or established in 1,697
the appeal. In the event the deposition is taken and filed, the 1,698
physician whose deposition is taken is not required to respond to 1,699
any subpoena issued in the trial of the action. The court, or 1,700
the jury under the instructions of the court, if a jury is 1,701
demanded, shall determine the right of the claimant to 1,702
participate or to continue to participate in the fund upon the 1,703
evidence adduced at the hearing of the action. 1,704
(E) The court shall certify its decision to the commission 1,706
and the certificate shall be entered in the records of the court. 1,707
Appeals from the judgment are governed by the law applicable to 1,708
the appeal of civil actions. 1,709
(F) The cost of any legal proceedings authorized by this 1,711
section, including an attorney's fee to the claimant's attorney 1,712
to be fixed by the trial judge, based upon the effort expended, 1,713
in the event the claimant's right to participate or to continue 1,714
41
to participate in the fund is established upon the final 1,715
determination of an appeal, shall be taxed against the employer 1,716
or the commission if the commission or the administrator rather 1,717
than the employer contested the right of the claimant to 1,718
participate in the fund. The attorney's fee shall not exceed 1,719
twenty-five hundred dollars. 1,720
(G) If the finding of the court or the verdict of the jury 1,722
is in favor of the claimant's right to participate in the fund, 1,723
the commission and the administrator shall thereafter proceed in 1,724
the matter of the claim as if the judgment were the decision of 1,725
the commission, subject to the power of modification provided by 1,726
section 4123.52 of the Revised Code. 1,727
(H) An appeal from an order issued under division (E) of 1,729
section 4123.511 of the Revised Code or any action filed in court 1,730
in a case in which an award of compensation has been made shall 1,731
not stay the payment of compensation under the award or payment 1,732
of compensation for subsequent periods of total disability during 1,733
the pendency of the appeal. If, in a final administrative or 1,734
judicial action, it is determined that payments of compensation 1,735
or benefits, or both, made to or on behalf of a claimant should 1,736
not have been made, the amount thereof shall be charged to the 1,737
surplus fund under division (B) of section 4123.34 of the Revised 1,738
Code. In the event the employer is a state risk, the amount 1,739
shall not be charged to the employer's experience. In the event 1,740
the employer is a self-insuring employer, the self-insuring 1,741
employer shall deduct the amount from the paid compensation the 1,742
self-insuring employer reports to the administrator under 1,744
division (L) of section 4123.35 of the Revised Code. All actions 1,745
and proceedings under this section which are the subject of an 1,746
appeal to the court of common pleas or the court of appeals shall 1,747
be preferred over all other civil actions except election causes, 1,748
irrespective of position on the calendar. 1,749
This section applies to all decisions of the commission or 1,751
the administrator on November 2, 1959, and all claims filed 1,752
42
thereafter are governed by sections 4123.511 and 4123.512 of the 1,753
Revised Code. 1,754
Any action pending in common pleas court or any other court 1,756
on January 1, 1986, under this section is governed by former 1,757
sections 4123.514, 4123.515, 4123.516, and 4123.519 and section 1,758
4123.522 of the Revised Code. 1,759
Sec. 4123.591. THE ADMINISTRATOR OF WORKERS' COMPENSATION 1,761
MAY FURNISH QUARTERLY, TO THE TAX COMMISSIONER, IN A FORMAT 1,762
APPROVED BY THE TAX COMMISSIONER, A LIST CONTAINING THE NAME AND 1,763
SOCIAL SECURITY NUMBER OF ANY PERSON RECEIVING SPOUSAL DEATH 1,765
BENEFITS. UPON RECEIPT OF THIS LIST, THE COMMISSIONER SHALL
RETURN TO THE ADMINISTRATOR, IN A FORMAT DESIGNED BY THE 1,767
COMMISSIONER, INFORMATION IDENTIFYING ANY PERSON LISTED BY THE 1,768
ADMINISTRATOR WHO, AS REPORTED ON THE MOST RECENT RETURN FILED BY 1,770
THE PERSON UNDER SECTION 5747.08 OF THE REVISED CODE, FILED UNDER
THE STATUS "MARRIED FILING JOINT RETURN," OR "MARRIED FILING 1,771
SEPARATELY."
Sec. 4123.76. When an application for compensation or 1,780
benefits or an application for further compensation or benefits 1,781
is filed with the industrial commission or the bureau of workers' 1,782
compensation under section 4123.75 of the Revised Code against an 1,783
employer who has not complied with section 4123.35 of the Revised 1,784
Code, the bureau shall make and file for record in the office of 1,785
the county recorder in the counties where the employer's property 1,786
is located, an affidavit showing the date on which the 1,787
application was filed with the commission or the bureau, the name 1,788
and address of the employer against whom it was filed, and the 1,789
fact that the employer had not complied with section 4123.35 of 1,790
the Revised Code. The recorder shall accept and file the 1,791
affidavit and record the same as a mortgage on real estate and 1,792
shall file the same as a chattel mortgage and he THE RECORDER 1,793
shall index the same as a mortgage on real estate and as a 1,794
chattel mortgage. A copy of the application OR OTHER BUREAU 1,795
RECORD DOCUMENTING THE CLAIM shall be filed with the affidavit. 1,796
43
A copy of the affidavit shall be served upon the employer by the 1,797
bureau. The affidavit constitutes a valid lien from the time of 1,798
filing, in favor of the bureau, upon the real property and 1,799
tangible personal property of the employer located within the 1,800
county. The administrator of workers' compensation shall have 1,801
the lien canceled of record after the employer has paid to the 1,802
claimant or to the bureau the amount of the compensation or 1,803
benefits which has been ordered paid to the claimant, or when the 1,804
application has finally been denied after the claimant has 1,805
exhausted the remedies provided by law in such cases, or when the 1,806
employer has filed a bond in the amount and with surety as the 1,807
administrator approves conditioned on the payment of all sums 1,808
ordered paid to the claimant. The recorder shall make no charge 1,809
for the services provided by this section to be performed by him 1,810
THE RECORDER. 1,811
Sec. 4123.83. Each employer paying premiums into the state 1,820
insurance fund or electing directly to pay compensation to his 1,821
THE EMPLOYER'S injured employees or the dependents of his THE 1,822
EMPLOYER'S killed employees as provided in section 4123.35 of the 1,824
Revised Code, shall post conspicuously in his THE EMPLOYER'S 1,825
place or places of employment notices, which shall be furnished 1,827
in adequate number by the bureau of workers' compensation at the 1,828
time of the payment of the premium, stating the fact that he THE 1,829
EMPLOYER has made the payment, the date thereof, and period for 1,831
which the payment is made, or that he THE EMPLOYER has complied 1,832
with section 4123.35 of the Revised Code, and has been authorized
by the administrator of workers' compensation directly to 1,833
compensate employees or dependents, and the date of the 1,834
authorization. The notice, when posted, constitutes sufficient 1,835
notice to his THE EMPLOYER'S employees of the fact that he THE 1,837
EMPLOYER has made payment or that he THE EMPLOYER has complied 1,838
with the elective provisions of section 4123.35 of the Revised 1,839
Code. The bureau shall prepare, semiannually, a list of all
employers who have complied with this chapter, classified by 1,841
44
counties, and shall send to the newspapers published in the 1,842
county seat of each county a list of the employers in the county, 1,843
with a request for its gratuitous publication as a matter of news 1,844
and protection to the working men and women. 1,845
Sec. 5703.21. (A) Except as provided in divisions (B), 1,854
(C), (D), and (E), AND (F) of this section, no agent of the 1,857
department of taxation, except in the agent's report to the 1,858
department or when called on to testify in any court or 1,859
proceeding, shall divulge any information acquired by the agent 1,860
as to the transactions, property, or business of any person while 1,861
acting or claiming to act under orders of the department. 1,862
Whoever violates this provision shall thereafter be disqualified 1,863
from acting as an officer or employee or in any other capacity 1,864
under appointment or employment of the department.
(B)(1) For purposes of an audit pursuant to section 117.15 1,866
of the Revised Code, or an audit of the department pursuant to 1,867
Chapter 117. of the Revised Code, or an audit, pursuant to such 1,868
chapter, the objective of which is to express an opinion on a 1,869
financial report or statement prepared or issued pursuant to 1,870
division (G) or (I) of section 126.21 of the Revised Code, the 1,871
officers and employees of the auditor of state charged with 1,872
conducting the audit shall have access to and the right to 1,873
examine any state tax returns and state tax return information in 1,874
the possession of the department to the extent that such access 1,875
and examination are necessary for purposes of the audit. Any 1,876
information acquired as the result of such access and examination 1,877
shall not be divulged for any purpose other than as required for 1,878
such audit or unless the officers and employees are required to 1,879
testify in a court or proceeding under compulsion of legal 1,880
process. Whoever violates this provision shall thereafter be 1,881
disqualified from acting as an officer or employee or in any 1,882
other capacity under appointment or employment of the auditor of 1,883
state. 1,884
(2) As provided by section 6103(d)(2) of the Internal 1,886
45
Revenue Code, any federal tax returns or federal tax information 1,887
which the department has acquired from the internal revenue 1,888
service, through federal and state statutory authority, may be 1,889
disclosed to the auditor of state solely for purposes of an audit 1,890
of the department. 1,891
(C) Division (A) of this section does not prohibit 1,893
divulging information contained in applications, complaints, and 1,894
related documents filed with the department under section 5715.27 1,895
of the Revised Code, or in applications filed with the department 1,896
under section 5715.39 of the Revised Code. 1,897
(D) Division (A) of this section does not prohibit the 1,899
department of taxation providing information to the division of 1,900
child support within the department of human services, or a child 1,901
support enforcement agency, pursuant to division (G)(2) of 1,902
section 5101.31 of the Revised Code.
(E) Division (A) of this section does not prohibit the 1,905
disclosure to the board of motor vehicle collision repair 1,906
registration of any information in the possession of the 1,907
department that is necessary for the board to verify the 1,909
existence of an applicant's valid vendor's license and current 1,910
state tax identification number under section 4775.07 of the
Revised Code. 1,911
(F) DIVISION (A) OF THIS SECTION DOES NOT PROHIBIT THE 1,913
DEPARTMENT FROM PROVIDING INFORMATION TO THE ADMINISTRATOR OF 1,914
WORKERS' COMPENSATION PURSUANT TO SECTION 4123.591 OF THE REVISED 1,915
CODE.
Sec. 5747.18. The tax commissioner shall enforce and 1,924
administer this chapter. In addition to any other powers 1,925
conferred upon the commissioner by law, the commissioner may: 1,926
(A) Prescribe all forms required to be filed pursuant to 1,928
this chapter; 1,929
(B) Adopt such rules as the commissioner finds necessary 1,931
to carry out this chapter; 1,932
(C) Appoint and employ such personnel as are necessary to 1,934
46
carry out the duties imposed upon the commissioner by this 1,935
chapter.
Any information gained as the result of returns, 1,937
investigations, hearings, or verifications required or authorized 1,938
by this chapter is confidential, and no person shall disclose 1,939
such information, except for official purposes, or as provided by 1,940
section 4123.591, 4507.023 or 5101.182, division (G)(2) of 1,941
section 5101.31 or division (B) of section 5703.21 of the Revised 1,943
Code, or in accordance with a proper judicial order. The tax 1,944
commissioner may furnish the internal revenue service with copies 1,945
of returns or reports filed and may furnish the officer of a 1,946
municipal corporation charged with the duty of enforcing a tax 1,947
subject to Chapter 718. of the Revised Code with the names, 1,948
addresses, and identification numbers of taxpayers who may be 1,949
subject to such tax. A municipal corporation shall use this 1,950
information for tax collection purposes only. This section does 1,951
not prohibit the publication of statistics in a form which does 1,952
not disclose information with respect to individual taxpayers. 1,953
Section 2. That existing sections 121.03, 3304.23, 1,955
3304.231, 4121.12, 4121.121, 4121.37, 4121.44, 4121.63, 4123.343, 1,958
4123.511, 4123.512, 4123.76, 4123.83, 5703.21, and 5747.18 of the
Revised Code are hereby repealed. 1,959
Section 3. The Administrator of Workers' Compensation 1,961
shall submit a series of reports to the Workers' Compensation 1,962
Oversight Commission, the Office of Budget and Management, the 1,963
Legislative Budget Office of the Legislative Service Commission, 1,964
and the General Assembly semiannually during the 1999-2001 1,966
biennium, beginning on or before October 1, 1999, containing
information relative to all of the following: 1,968
(A) The premium cost per worker, which reports the average 1,970
annual cost a state fund employer pays to provide workers' 1,971
compensation coverage for its employees. The premium cost per 1,972
worker is calculated by adding together an employer's total 1,973
amounts of premiums and assessments paid during a calendar year 1,974
47
and dividing that sum by the employer's average number of 1,975
workers. 1,976
(B) The claims cost per worker, which reports the average 1,978
annual benefit cost paid for each worker who is employed by a 1,979
state fund employer during the preceding twelve months. The 1,980
claims cost per worker is calculated by dividing an employer's 1,981
total claim expenses paid during the preceding twelve months by 1,982
the employer's average number of workers. 1,983
(C) The administrative cost per claim, which reports the 1,985
average annual administrative expense a state fund employer pays 1,986
to process a claim. The administrative cost per claim is 1,987
calculated by dividing an employer's total amount of 1,988
administrative expenses incurred during the preceding twelve 1,989
months by the total number of claims the employer processed. 1,990
(D) The direct loss ratio, which measures the relationship 1,992
between an employer's revenues and workers' compensation benefits 1,994
paid to an injured worker during the preceding twelve months; 1,995
(E) The rate of return generated by investments of the 1,997
Bureau of Workers' Compensation; 1,998
(F) The customer service index, which accounts for various 2,000
statistical measures reflecting the Bureau's customer service 2,001
levels; 2,002
(G) The Health Partnership Program performance index, 2,004
which measures the effectiveness of managed care organizations 2,005
working for the bureau and reflects the quality of care, customer 2,006
satisfaction, and cost of care provided by the managed care 2,007
organizations; 2,008
(H) The rate of injury in the state per 1,000 workers; 2,010
(I) The average and median number of days the bureau takes 2,012
to adjudicate an injured worker's medical bill fee; 2,013
(J) The return-to-work rate of state fund employers' 2,015
injured workers who do not receive workers' compensation benefits 2,016
for at least ninety days following their injury, which reports 2,017
the number of injured workers who returned to work as a 2,018
48
percentage of total injuries; 2,019
(K) The average number of days it takes for an employer or 2,021
injured worker to report an injury to the bureau, which is 2,022
calculated by taking the average number of days between the date 2,023
of injury and the date the claim was filed with the bureau; 2,024
(L) The percentage of indemnity claims adjudicated by the 2,026
bureau within fourteen days of the injury. 2,027
Section 4. All items in this section are hereby 2,029
appropriated out of any moneys in the state treasury to the 2,030
credit of the designated fund. For all appropriations made in 2,031
this act, those in the first column are for fiscal year 2000, and 2,032
those in the second column are for fiscal year 2001.
BWC BUREAU OF WORKERS' COMPENSATION 2,033
FND ALI ALI TITLE FY 2000 FY 2001 2,036
Workers' Compensation Fund Group 2,038
4Y6 855-611 J.L. Camera Center 2,041
Rent $ 1,574,038 $ 1,658,233 2,043
4Y6 855-612 J.L. Camera Center 2,045
Operating $ 10,252,544 $ 10,277,047 2,047
023 855-401 William Green Lease 2,049
Payments to OBA $ 16,208,613 $ 16,914,613 2,051
023 855-407 Claims, Risk & 2,053
Medical Management $ 125,639,667 $ 123,976,161 2,055
023 855-408 Fraud Prevention $ 10,570,473 $ 9,733,674 2,059
023 855-409 Administrative 2,061
Services $ 111,478,353 $ 109,171,402 2,063
023 855-410 Attorney General 2,065
Payments $ 3,488,029 $ 3,575,068 2,067
825 855-605 Disabled Workers 2,069
Relief Fund $ 669,354 $ 689,059 2,071
822 855-606 Coal Workers' Fund $ 77,056 $ 78,597 2,075
823 855-608 Marine Industry $ 46,266 $ 47,654 2,079
826 855-609 Safety & Hygiene 2,081
Operating $ 18,358,104 $ 18,491,102 2,083
49
TOTAL WCF Workers' Compensation 2,084
Fund Group $ 298,362,497 $ 294,612,610 2,087
TOTAL ALL BUDGET FUND GROUPS $ 298,362,497 $ 294,612,610 2,090
Safety and Hygiene 2,093
Notwithstanding section 4121.37 of the Revised Code, the 2,095
Administrator of the Bureau of Workers' Compensation shall 2,096
transfer moneys from the State Insurance Fund so that 2,097
appropriation item 855-609, Safety and Hygiene Operating, is
provided $18,358,104 in fiscal year 2000 and $18,491,102 in 2,099
fiscal year 2001.
Workers' Compensation Fraud Unit 2,101
The Workers' Compensation Section Fund (Fund 195) shall 2,103
receive payments from the Bureau of Workers' Compensation at the 2,104
beginning of each quarter of each fiscal year to fund expenses of 2,105
the Workers' Compensation Fraud Unit of the Attorney General's 2,106
Office. Of the foregoing appropriation item 855-410, Attorney 2,107
General Payments, $694,930 in fiscal year 2000 and $714,388 in
fiscal year 2001 shall be used to provide such payments. 2,108
William Green Lease Payments 2,110
The foregoing appropriation item 855-401, William Green 2,112
Lease Payments to OBA, shall be used for lease payments to the 2,113
Ohio Building Authority, and these appropriations shall be used 2,114
to meet all payments at the times they are required to be made 2,115
during the period from July 1, 1999, to June 30, 2001, by the 2,116
Bureau of Workers' Compensation to the Ohio Building Authority
pursuant to leases and agreements made under Chapter 152. of the 2,117
Revised Code and Section 6 of Am. Sub. H.B. 743 of the 118th 2,118
General Assembly. Of the amounts received in Fund 023, 2,119
appropriation item 855-401, up to $33,123,226 shall be restricted 2,120
for lease rental payments to the Ohio Building Authority. If it
is determined that additional appropriations are necessary for 2,121
such purpose, such amounts are hereby appropriated. 2,122
Notwithstanding any other provision of law to the contrary, 2,124
all tenants of the William Green Building not funded by the 2,125
50
Workers' Compensation Fund (Fund 023) shall pay their fair share 2,126
of the costs of lease payments to the Workers' Compensation Fund 2,127
(Fund 023) by intrastate transfer voucher.
Camera Center 2,129
The Camera Center Fund (Fund 4Y6) created in division (F) 2,131
of section 4121.62 of the Revised Code shall receive revenues 2,133
raised by the fees Camera Center charges for its services and 2,134
rent paid by tenants of the Center's facilities. The foregoing 2,135
appropriation item 855-611, J.L. Camera Center Rent, shall be
used to pay rent, including building operating expenses, of the 2,136
J. Leonard Camera Rehabilitation Center in Columbus. The 2,137
foregoing appropriation item 855-612, J.L. Camera Center 2,138
Operating, shall be used for all other expenses for the Center. 2,139
The Bureau of Workers' Compensation shall not consider 2,141
appropriations made to the Camera Center Fund (Fund 4Y6) when 2,142
establishing administrative cost rates.
Balances 2,144
Notwithstanding any provision of law to the contrary, the 2,146
Director of Budget and Management shall make any transfers of 2,147
cash balances between funds made necessary by the creation of new 2,148
funds, or the consolidation of funds as authorized by the General 2,149
Assembly. Within the first five days after the effective date of 2,150
this section, the administering agency head shall certify to the 2,151
director an estimate of the amount of the cash balance to be
transferred to the receiving fund. The director may transfer the 2,152
estimated amount when needed to make payments. Within thirty 2,153
days after the effective date of this section, the administering 2,154
agency head shall certify the final amount to the director. The 2,155
director shall transfer the difference between any estimated
amount previously transferred and such certified final amount. 2,156
To implement such funding changes as described above 2,158
pertaining to prior year encumbrance balances and commensurate 2,159
appropriation authority, in fiscal year 2000 the Director of 2,160
Budget and Management may cancel encumbrances outstanding on June 2,161
51
30, 1999, and reestablish such prior year encumbrances or parts 2,162
of encumbrances as needed in fiscal year 2000 in the appropriate
fund or appropriation item as authorized in this act for the same 2,163
purpose and to the same vendor. As determined by the director, 2,164
the appropriation authority necessary to reestablish such prior 2,165
year encumbrances in fiscal year 2000 in a different fund or 2,166
appropriation item within an agency or between agencies is hereby 2,167
authorized. The director shall reduce each prior year's
appropriation authority by the amount of the encumbrances 2,168
canceled in their respective funds and appropriation items. 2,169
Vocational Rehabilitation 2,171
The Bureau of Workers' Compensation and the Rehabilitation 2,173
Services Commission shall enter into an interagency agreement for 2,174
the provision of vocational rehabilitation services and staff to 2,175
mutually eligible clients. The Bureau shall provide $523,245 in 2,176
fiscal year 2000 and $537,896 in fiscal year 2001 from the State 2,177
Insurance Fund to fund vocational rehabilitation services and 2,178
staff in accordance with the interagency agreement. 2,179
Fund Balance 2,181
Any unencumbered cash balance in excess of $45,000,000 in 2,183
the Workers' Compensation Fund (Fund 023) on the thirtieth day of 2,184
June of each fiscal year shall be used to reduce the 2,185
administrative cost rate charged to employers to cover 2,186
appropriations for Bureau of Workers' Compensation and Industrial 2,187
Commission operations. 2,188
Section 5. Accounting 2,190
Within the limits set forth in this act, the Director of 2,193
Budget and Management shall establish accounts indicating the 2,194
source and amount of funds for each appropriation made in this
act, and shall determine the form and manner in which 2,195
appropriation accounts shall be maintained. 2,196
The appropriations made in this act are subject to all 2,198
provisions of the main operating appropriations act of the 123rd 2,199
General Assembly that are generally applicable to such 2,200
52
appropriations.
Section 6. Reissuance of Voided Warrants 2,202
In order to provide funds for the reissuance of voided 2,204
warrants pursuant to section 117.47 of the Revised Code, there is 2,205
hereby appropriated, out of moneys in the state treasury from the 2,206
fund credited as provided in section 117.47 of the Revised Code, 2,207
that amount sufficient to pay such warrants when approved by the 2,208
Office of Budget and Management. 2,209
Section 7. Judgments Against State 2,211
Any appropriations contained in this act, except those to 2,213
be applied to or used for payment of guarantees by or on behalf 2,214
of the state or for debt service on bonds, notes, or certificates 2,215
of participation, may be used for the purpose of satisfying 2,216
judgments, settlements, or administrative awards ordered or 2,217
approved by the Court of Claims or any other court of competent 2,218
jurisdiction in connection with civil actions against the state. 2,220
Section 8. Reappropriation of Unexpended Balances 2,222
Notwithstanding section 131.33 of the Revised Code, 2,224
unexpended balances of appropriations and reappropriations 2,225
against which encumbrances have been lawfully incurred by the 2,226
Bureau of Workers' Compensation are, at the close of fiscal years 2,227
1999 and 2000, to the extent of such encumbrances, hereby 2,228
reappropriated from the funds from which they were originally 2,229
appropriated and reappropriated and, except for encumbrances for 2,230
items of special order manufacture not available on term contract 2,231
or open market, made available for the purpose of discharging 2,232
such encumbrances for a period of five months from the end of the 2,233
fiscal year. Unexpended balances of appropriations and 2,234
reappropriations against which encumbrances for items of special 2,235
order manufacture not available on term contract or in the open 2,236
market have been lawfully incurred are, at the close of the 2,237
fiscal year, to the extent of such encumbrances, hereby 2,238
reappropriated and made available for the purpose of discharging 2,239
such encumbrances for a period of five months from the end of the 2,240
53
fiscal year or, if the Director of Budget and Management 2,241
approves, for a period of not more than twelve months from the 2,242
end of the fiscal year.
Any items for which unexpended balances are reappropriated 2,244
beyond a five-month period from the end of the fiscal year shall 2,245
be reported to the Controlling Board by the Director of Budget 2,246
and Management. The report on each such item shall include the 2,247
item, the cost of the item, the vendor involved, and the delivery 2,248
date. Such reports to the board shall be updated on a quarterly 2,249
basis while the encumbrance remains open. 2,250
After any such period, reappropriations made for the 2,252
purpose of discharging encumbrances for operating expenses, 2,253
defined as those encumbrances incurred for personal services, 2,254
maintenance, and equipment, are canceled. Reappropriations for 2,255
encumbrances other than operating expenses or items of special 2,256
manufacture not available on term contract or in the open market 2,257
may be extended by obtaining the approval of the Director of 2,258
Budget and Management.
Section 9. Independent and Severable Items 2,260
If any item of law that constitutes the whole or part of a 2,263
codified or uncodified section of law contained in this act, or 2,264
if any application of any item of law that constitutes the whole 2,265
or part of a codified or uncodified section of law contained in 2,266
this act, is held invalid, the invalidity does not affect other 2,267
items of law or applications of items of law that can be given 2,268
effect without the invalid item of law or application. To this 2,269
end, the items of law of which the codified and uncodified 2,270
sections contained in this act are composed, and their 2,271
applications, are independent and severable.
Section 10. Effective Dates-Codified Sections 2,273
The sections of the Revised Code contained in this act, and 2,275
the items of law of which such sections of the Revised Code are 2,276
composed, are subject to the referendum. Therefore, under Ohio 2,277
Constitution, Article II, Section 1c and section 1.471 of the 2,278
54
Revised Code, the sections of the Revised Code contained in this 2,279
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 2,280
act is filed with the Secretary of State. If, however, a 2,281
referendum petition is filed against any section of the Revised 2,282
Code contained in this act, or against any item of law of which 2,283
such a section of the Revised Code is composed, the section or 2,284
item of law, unless rejected at the referendum, takes effect at
the earliest time permitted by law. 2,285
Section 11. Effective Dates-Uncodified Sections 2,287
The uncodified sections of law contained in this act, and 2,290
the items of law of which the uncodified sections of law 2,291
contained in this act are composed, are not subject to the 2,292
referendum. Therefore, under Ohio Constitution, Article II, 2,293
Section 1d and section 1.471 of the Revised Code, the uncodified 2,294
sections of law contained in this act, and the items of law of 2,295
which the uncodified sections of law contained in this act are 2,297
composed go into immediate effect when this act becomes law.
Section 12. Section 121.03 of the Revised Code is 2,299
presented in this act as a composite of the section as amended by 2,300
both Am. Sub. H.B. 7 and Am. Sub. S.B. 162 of the 121st General 2,301
Assembly, with the new language of neither of the acts shown in 2,303
capital letters. This is in recognition of the principle stated 2,304
in division (B) of section 1.52 of the Revised Code that such 2,305
amendments are to be harmonized where not substantively 2,306
irreconcilable and constitutes a legislative finding that such is 2,307
the resulting version in effect prior to the effective date of 2,308
this act.
Section 13. Section 4123.511 of the Revised Code is 2,310
presented in this act as a composite of the section as amended by 2,311
both Am. Sub. H.B. 362 and Am. Sub. H.B. 363 of the 122nd General 2,312
Assembly, with the new language of neither of the acts shown in 2,314
capital letters. This is in recognition of the principle stated 2,315
in division (B) of section 1.52 of the Revised Code that such 2,316
55
amendments are to be harmonized where not substantively 2,317
irreconcilable and constitutes a legislative finding that such is 2,318
the resulting version in effect prior to the effective date of 2,319
this act.