As Passed by the House 1
123rd General Assembly 4
Regular Session Am. Sub. H. B. No. 180 5
1999-2000 6
REPRESENTATIVES CORBIN-THOMAS-VESPER-CATES-HOOPS-BUEHRER- 8
CORE-HARRIS-BRITTON-BARRETT-PATTON-OPFER-JONES 9
_________________________________________________________________
A B I L L
To amend sections 121.03, 3304.23, 3304.231, 11
4121.12, 4121.121, 4121.37, 4121.44, 4121.63, 12
4123.343, 4123.511, 4123.512, 4123.76, 4123.83, 13
5703.21, and 5747.18 and to enact section 14
4123.591 of the Revised Code to make
appropriations for the Bureau of Workers' 15
Compensation for the biennium beginning July 1,
1999, and ending June 30, 2001, to provide 16
authorization and conditions for the operation of 17
Bureau of Workers' Compensation programs, to
rename the Head Injury Program the Brain Injury 18
Program, and to designate the Administrator of
Workers' Compensation as a member of the Brain 19
Injury Advisory Committee in place of the 20
Industrial Commission Chairperson.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That sections 121.03, 3304.23, 3304.231, 24
4121.12, 4121.121, 4121.37, 4121.44, 4121.63, 4123.343, 4123.511, 26
4123.512, 4123.76, 4123.83, 5703.21, and 5747.18 be amended and 27
section 4123.591 of the Revised Code be enacted to read as
follows: 28
Sec. 121.03. The following administrative department heads 37
shall be appointed by the governor, with the advice and consent 38
of the senate, and shall hold their offices during the term of 39
the appointing governor, except as provided in division (W) of 41
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this section, and are subject to removal at the pleasure of the 42
governor.
(A) The director of budget and management; 44
(B) The director of commerce; 46
(C) The director of transportation; 48
(D) The director of agriculture; 50
(E) The director of human services; 53
(F) Until July 1, 1997, the director of liquor control; 55
(G) The director of public safety; 57
(H) The superintendent of insurance; 59
(I) The director of development; 61
(J) The tax commissioner; 63
(K) The director of administrative services; 65
(L) The administrator of the bureau of employment 67
services; 68
(M) The director of natural resources; 70
(N) The director of mental health; 72
(O) The director of mental retardation and developmental 74
disabilities; 75
(P) The director of health; 77
(Q) The director of youth services; 79
(R) The director of rehabilitation and correction; 81
(S) The director of environmental protection; 83
(T) The director of aging; 85
(U) The director of alcohol and drug addiction services; 87
(W)(V) The administrator of workers' compensation who 89
meets the qualifications required under division (A) of section 90
4121.121 of the Revised Code, who shall serve as administrator, 91
subject to removal at the pleasure of the governor, until the 92
date the workers' compensation oversight commission appoints the 94
administrator as provided in division (F)(10) of section 4121.12 96
of the Revised Code.
Sec. 3304.23. (A) There is hereby created in the 105
rehabilitation services commission a head BRAIN injury program 106
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consisting of a program director and at least one support staff 107
person. 108
(B) To the extent that funds are available, the head BRAIN 110
injury program may do the following: 111
(1) Identify existing services in this state to assist 113
survivors and families of survivors of head BRAIN injury; 114
(2) Promote the coordination of services for survivors and 116
families of survivors of head BRAIN injury; 117
(3) Explore options for delivery of services to survivors 119
and families of survivors of head BRAIN injury; 120
(4) Explore the establishment of a traumatic brain injury 122
incidence reporting system to collect information on the 123
incidence and character of traumatic brain injury in this state; 124
(5) Promote practices that will reduce the incidence of 126
head BRAIN injury; 127
(6) Develop training programs on dealing with head BRAIN 129
injury and the special needs of survivors of head BRAIN injury; 130
(7) Identify sources of available funds for services for 132
survivors and families of survivors of head BRAIN injury; 133
(8) Explore options for the delivery of case management 135
services to residents of this state who are survivors of head 136
BRAIN injury; 137
(9) Provide assistance to assure that services for 139
survivors and families of survivors of head BRAIN injury are all 140
of the following: 141
(a) Designed to enhance the survivor's ability to lead an 143
independent and productive life; 144
(b) Available within close proximity of the survivor's 146
home; 147
(c) Provided in the least restrictive environment; 149
(d) Appropriate to the unique needs of the survivor. 151
(C) The staff of the head BRAIN injury program shall 153
prepare a biennial report on the incidence of head BRAIN injury 154
in this state that shall be submitted to the administrator of the 156
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rehabilitation services commission on or before December 15, 157
1992, and every two years thereafter. A copy of the report shall 158
be submitted to the head BRAIN injury advisory committee created 159
under section 3304.231 of the Revised Code. 160
Sec. 3304.231. There is hereby created a head BRAIN injury 169
advisory committee, which shall advise the administrator of the 171
rehabilitation services commission and the head BRAIN injury 172
program with regard to unmet needs of survivors of head BRAIN 174
injury, development of programs for survivors and their families, 175
establishment of training programs for health care professionals, 176
and any other matter within the province of the head BRAIN injury 178
program. The committee shall consist of not less than eighteen 180
and not more than twenty-one members as follows: 181
(A) Not less than ten and not more than twelve members 183
appointed by the administrator of the rehabilitation services 184
commission, including all of the following: a survivor of head 185
BRAIN injury, a relative of a survivor of head BRAIN injury, a 187
licensed physician recommended by the Ohio chapter of the 189
American college of emergency physicians, a licensed physician 190
recommended by the Ohio state medical association, one other 191
health care professional, a rehabilitation professional, an 192
individual who represents the national head BRAIN injury 193
foundation/Ohio, inc. ASSOCIATION OF OHIO, and not less than 195
three nor more than five individuals who shall represent the 196
public;
(B) The directors of the departments of health, alcohol 198
and drug addiction services, mental retardation and developmental 199
disabilities, mental health, human services, and highway safety; 200
the chairperson of the industrial commission ADMINISTRATOR OF 201
WORKERS' COMPENSATION; the superintendent of public instruction; 204
and the administrator of the rehabilitation services commission. 205
Any of the officials specified in this division may designate an 206
individual to serve in the official's place as a member of the 208
committee.
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The director of health shall make initial appointments to 210
the committee by November 1, 1990. Appointments made after July 212
26, 1991, shall be made by the administrator of the 214
rehabilitation services commission. Terms of office shall be two 215
years. Members may be reappointed. Vacancies shall be filled in 216
the manner provided for original appointments. Any member 217
appointed to fill a vacancy occurring prior to the expiration 218
date of the term for which the member's predecessor was appointed 219
shall hold office as a member for the remainder of that term. 220
Members of the committee shall serve without compensation, 223
but shall be reimbursed for actual and necessary expenses
incurred in the performance of their duties. 224
Sec. 4121.12. (A) There is hereby created the workers' 233
compensation oversight commission consisting of nine members, of 234
which members the governor shall appoint five with the advice and 235
consent of the senate. Of the five members the governor 236
appoints, two shall be individuals who, on account of their 238
previous vocation, employment, or affiliations, can be classed as 239
representative of employees, at least one of whom is
representative of employees who are members of an employee 240
organization; two shall be individuals who, on account of their 241
previous vocation, employment, or affiliations, can be classed as 242
representative of employers, one of whom represents self-insuring 243
employers and one of whom has experience as an employer in 244
compliance with section 4123.35 of the Revised Code other than a 245
self-insuring employer, and one of those two representatives also
shall represent employers whose employees are not members of an 246
employee organization; and one shall represent the public and 247
also be an individual who, on account of the individual's 248
previous vocation, employment, or affiliations, cannot be classed 249
as either predominantly representative of employees or of 250
employers. The governor shall select the chairperson of the 251
commission who shall serve as chairperson at the pleasure of the 252
governor. No more than three members appointed by the governor 254
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shall belong to or be affiliated with the same political party. 255
Each of these five members shall have at least three years' 257
experience in the field of insurance, finance, workers' 258
compensation, law, accounting, actuarial, personnel, investments, 259
or data processing, or in the management of an organization whose 260
size is commensurate with that of the bureau of workers' 261
compensation. At least one of these five members shall be an 262
attorney licensed under Chapter 4705. of the Revised Code to 263
practice law in this state. 264
(B) Of the initial appointments made to the commission, 267
the governor shall appoint one member who represents employees to 268
a term ending one year after September 1, 1995, one member who 269
represents employers to a term ending two years after September 271
1, 1995, the member who represents the public to a term ending 273
three years after September 1, 1995, one member who represents
employees to a term ending four years after September 1, 1995, 275
and one member who represents employers to a term ending five 276
years after September 1, 1995. Thereafter, terms of office shall
be for five years, with each term ending on the same day of the 277
same month as did the term that it succeeds. Each member shall 278
hold office from the date of the member's appointment until the 279
end of the term for which the member was appointed. 281
The governor shall not appoint any person to more than two 283
full terms of office on the commission. This restriction does 284
not prevent the governor from appointing a person to fill a 285
vacancy caused by the death, resignation, or removal of a 286
commission member and also appointing that person twice to full 287
terms on the commission, or from appointing a person previously 288
appointed to fill less than a full term twice to full terms on 289
the commission. Any member appointed to fill a vacancy occurring 290
prior to the expiration date of the term for which the member's 292
predecessor was appointed shall hold office as a member for the
remainder of that term. A member shall continue in office 293
subsequent to the expiration date of the member's term until a 294
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successor takes office or until a period of sixty days has 295
elapsed, whichever occurs first. 296
(C) In making appointments to the commission, the governor 298
shall select the members from the list of names submitted by the 300
workers' compensation oversight commission nominating committee 301
pursuant to this division. Within fourteen days after the 302
governor calls the initial meeting of the nominating committee
pursuant to division (C) of section 4121.123 of the Revised Code, 303
the nominating committee shall submit to the governor, for the 304
initial appointments, a list containing four separate names for 305
each of the members on the commission. Within fourteen days 307
after the submission of the list, the governor shall appoint 308
individuals from the list.
For the appointment of the member who is representative of 310
employees who are members of an employee organization, both for 311
initial appointments and for the filling of vacancies, the list 312
of four names submitted by the nominating committee shall be 313
comprised of four individuals who are members of the executive 314
committee of the largest statewide labor federation.
Thereafter, within sixty days after a vacancy occurring as 317
a result of the expiration of a term and within thirty days after 318
other vacancies occurring on the commission, the nominating
committee shall submit a list containing four names for each 319
vacancy. Within fourteen days after the submission of the list, 320
the governor shall appoint individuals from the list. With 321
respect to the filling of vacancies, the nominating committee 322
shall provide the governor with a list of four individuals who 323
are, in the judgment of the nominating committee, the most fully 324
qualified to accede to membership on the commission. The 325
nominating committee shall not include the name of an individual 326
upon the list for the filling of vacancies if the appointment of
that individual by the governor would result in more than three 327
members of the commission belonging to or being affiliated with 328
the same political party. The committee shall include on the 329
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list for the filling of vacancies only the names of attorneys 330
admitted to practice law in this state if, to fulfill the
requirement of division (A) of section 4121.12 of the Revised 331
Code, the vacancy must be filled by an attorney. 332
In order for the name of an individual to be submitted to 334
the governor under this division, the nominating committee shall 335
approve the individual by an affirmative vote of a majority of 336
its members.
(D) The remaining four members of the commission shall be 339
the chairperson and ranking minority member of the standing 340
committees of the house of representatives and of the senate to
which legislation concerning this chapter and Chapters 4123., 341
4127., and 4131. of the Revised Code normally are referred, or a 343
designee of the chairperson or ranking minority member, provided 344
that the designee is a member of the standing committee. 345
Legislative members shall serve during the session of the general 346
assembly to which they are elected and for as long as they are 347
members of the general assembly. Legislative members shall serve 348
in an advisory capacity to the commission and shall have no 349
voting rights on matters coming before the commission. 350
Membership on the commission by legislative members shall not be
deemed as holding a public office. 351
(E) All members of the commission shall receive their 354
reasonable and necessary expenses pursuant to section 126.31 of 355
the Revised Code while engaged in the performance of their duties 357
as members. Legislative members also shall receive fifty dollars 358
per meeting that they attend. Members appointed by the governor 359
also shall receive an annual salary as follows:
(1) On and before August 31, 1998, not to exceed six 362
thousand dollars payable at the rate of five hundred dollars per 363
month. A member shall receive the monthly five hundred dollar 364
salary only if the member has attended at least one meeting of 366
the commission during that month. A member may receive no more
than the monthly five hundred dollar salary regardless of the 367
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number of meetings held by the commission during a month or the 368
number of meetings in excess of one within a month that the 369
member attends.
(2) After August 31, 1998, not to exceed eighteen thousand 372
dollars payable on the following basis:
(a) Except as provided in division (E)(2)(b) of this 375
section, a member shall receive two thousand dollars during a 377
month in which the member attends one or more meetings of the 379
commission and shall receive no payment during a month in which 380
the member attends no meeting of the commission. 381
(b) A member may receive no more than the annual eighteen 383
thousand dollar salary regardless of the number of meetings held 385
by the commission during a year or the number of meetings in 387
excess of nine within a year that the member attends. 389
The chairperson of the commission shall set the meeting 391
dates of the commission as necessary to perform the duties of the 392
commission under this chapter and Chapters 4123., 4127., and 393
4131. of the Revised Code. The commission shall meet at least 394
nine times during the period commencing on the first day of 396
September and ending on the thirty-first day of August of the 397
following year. The administrator of workers' compensation shall 398
provide professional and clerical assistance to the commission, 400
as the commission considers appropriate. 401
(F) The commission shall: 403
(1) Review progress of the bureau in meeting its cost and 406
quality objectives and in complying with this chapter and 407
Chapters 4123., 4127., and 4131. of the Revised Code; 408
(2) Issue an annual report on the cost and quality 410
objectives of the bureau to the president of the senate, the 412
speaker of the house of representatives, and the governor; 413
(3) Review all independent financial audits of the bureau. 415
The administrator shall provide access to records of the bureau 416
to facilitate the review required under this division. 417
(4) Study issues as requested by the administrator or the 419
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governor;
(5) Contract with an independent actuarial firm to assist 421
the commission in making recommendations to the administrator 422
regarding premium rates;
(6) Establish objectives, policies, and criteria for the 425
administration of the investment program that include asset 427
allocation targets and ranges, risk factors, asset class
benchmarks, time horizons, total return objectives, and 428
performance evaluation guidelines, and monitor the 430
administrator's progress in implementing the objectives, 431
policies, and criteria on a quarterly basis. The commission
shall publish the objectives, policies, and criteria no less than 433
annually and shall make copies available to interested parties. 434
The commission shall prohibit, on a prospective basis, specific 436
investment activity it finds to be contrary to its investment
objectives, policies, and criteria. 437
The investment policy in existence on March 7, 1997, shall 440
continue until the commission approves objectives, policies, and
criteria for the administration of the investment program 441
pursuant to this section. 442
(7) Advise and consent on all of the following: 444
(a) Administrative rules the administrator submits to it 447
pursuant to division (B)(5) of section 4121.121 of the Revised
Code for the classification of occupations or industries, for 449
premium rates and contributions, for the amount to be credited to 450
the surplus fund, for rules and systems of rating, rate 451
revisions, and merit rating;
(b) The overall policy of the bureau of workers' 454
compensation as set by the administrator;
(c) The duties and authority conferred upon the 456
administrator pursuant to section 4121.37 of the Revised Code; 457
(d) Rules the administrator adopts for the health 459
partnership program and the qualified health plan system, as 460
provided in sections 4121.44, 4121.441, and 4121.442 of the 461
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Revised Code.
(8) Perform all duties required under section 4121.125 of 463
the Revised Code; 464
(9) After August 31, 2000, appoint an administrator who 466
meets the qualifications required under section 4121.121 of the 468
Revised Code and fix the salary of the administrator, the amount 470
of which the commission shall base upon the experience of the 472
administrator and the responsibilities and duties of the
administrator pursuant to this chapter and Chapters 4123., 4127., 473
and 4131. of the Revised Code. 474
(G) The commission may enter into an employment contract 476
with an administrator it appoints, provided that the contract 477
does not exceed two years in length. 478
(H) As used in this section, "employee organization" means 480
any labor or bona fide organization in which employees 482
participate and which exists for the purpose, in whole or in 484
part, of dealing with employers concerning grievances, labor 485
disputes, wages, hours, terms and other conditions of employment. 486
Sec. 4121.121. (A) There is hereby created the bureau of 495
workers' compensation, which shall be administered by the 496
administrator of workers' compensation. A person appointed to 497
the position of administrator shall possess significant 498
management experience in effectively managing an organization or 499
organizations of substantial size and complexity. The governor 500
shall appoint the administrator as provided in section 121.03 of
the Revised Code, and the administrator shall serve at the 502
pleasure of the governor. The governor shall fix the
administrator's salary on the basis of the administrator's 504
experience and the administrator's responsibilities and duties 505
under this chapter and Chapter CHAPTERS 4123., 4127., and 4131. 506
of the Revised Code. The governor shall not appoint to the 507
position of administrator any person who has, or whose spouse 508
has, given a contribution to the campaign committee of the 509
governor in an amount greater than one thousand dollars during 510
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the two-year period immediately preceding the date of the 511
appointment of the administrator. After August 31, 2000, the 512
workers' compensation oversight commission shall appoint the 513
administrator as provided in division (F)(9) of section 4121.12 514
of the Revised Code, and the administrator shall serve at the 515
pleasure of the oversight commission. The oversight commission 516
shall fix the administrator's salary on the basis of the 517
administrator's experience and the administrator's 518
responsibilities and duties under this chapter and Chapters 519
4123., 4127., and 4131. of the Revised Code. 520
The administrator shall hold no other public office and 522
shall devote full time to the duties of administrator. Before 524
entering upon the duties of the office, the administrator shall 525
take an oath of office as required by sections 3.22 and 3.23 of 526
the Revised Code, and shall file in the office of the secretary 527
of state, a bond signed by the administrator and by surety
approved by the governor, for the sum of fifty thousand dollars 528
payable to the state, conditioned upon the faithful performance 529
of the administrator's duties. 530
(B) The administrator is responsible for the management of 533
the bureau of workers' compensation and for the discharge of all 534
administrative duties imposed upon the administrator in this 535
chapter and Chapters 4123., 4127., and 4131. of the Revised Code, 536
and in the discharge thereof shall do all of the following: 537
(1) Establish the overall administrative policy of the 540
bureau for the purposes of this chapter and Chapters 4123.,
4127., and 4131. of the Revised Code, and perform all acts and 541
exercise all authorities and powers, discretionary and otherwise 543
that are required of or vested in the bureau or any of its 544
employees in this chapter and Chapters 4123., 4127., and 4131. of 545
the Revised Code, except the acts and the exercise of authority 546
and power that is required of and vested in the oversight 547
commission or the industrial commission pursuant to those 548
chapters. The treasurer of state shall honor all warrants signed 549
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by the administrator, or by one or more of the administrator's 550
employees, authorized by the administrator in writing, or bearing 552
the facsimile signature of the administrator or such employee 553
under sections 4123.42 and 4123.44 of the Revised Code. 554
(2) Employ, direct, and supervise all employees required 556
in connection with the performance of the duties assigned to the 557
bureau by this chapter and Chapters 4123., 4127., and 4131. of 558
the Revised Code, and may establish job classification plans and 559
compensation for all employees of the bureau provided that this 560
grant of authority shall not be construed as affecting any 561
employee for whom the state employment relations board has 562
established an appropriate bargaining unit under section 4117.06 563
of the Revised Code. All positions of employment in the bureau 564
are in the classified civil service except those employees the 565
administrator may appoint to serve at the administrator's 566
pleasure in the unclassified civil service pursuant to section 567
124.11 of the Revised Code. The administrator shall fix the 568
salaries of employees the administrator appoints to serve at the 570
administrator's pleasure, including the chief operating officer, 571
staff physicians, and other senior management personnel of the
bureau and shall establish the compensation of staff attorneys of 572
the bureau's legal section and their immediate supervisors, and 573
take whatever steps are necessary to provide adequate 574
compensation for other staff attorneys. 575
The administrator may appoint a person holding a certified 577
position in the classified service to any state position in the 578
unclassified service of the bureau of workers' compensation. A 579
person so appointed shall retain the right to resume the position 581
and status held by the person in the classified service
immediately prior to the person's appointment in the unclassified 583
service. If the position the person previously held has been 584
filled or placed in the unclassified service, or is otherwise 585
unavailable, the person shall be appointed to a position in the 586
classified service within the bureau that the department of 587
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administrative services certifies is comparable in compensation
to the position the person previously held. Reinstatement to a 588
position in the classified service shall be to a position 589
substantially equal to that held previously, as certified by the 590
department of administrative services. Service in the position 591
in the unclassified service shall be counted as service in the 593
position in the classified service held by the person immediately 594
prior to the person's appointment in the unclassified service. 595
when WHEN a person is reinstated to a position in the classified 597
service as provided in this section, the person is entitled to 598
all rights, status, and benefits accruing to the position during 599
the person's time of service in the position in the unclassified 600
service. 601
(3) Reorganize the work of the bureau, its sections, 603
departments, and offices to the extent necessary to achieve the 604
most efficient performance of its functions and to that end may 605
establish, change, or abolish positions and assign and reassign 606
duties and responsibilities of every employee of the bureau. All 607
persons employed by the commission in positions that, after 608
November 3, 1989, are supervised and directed by the 609
administrator under this section are transferred to the bureau in 610
their respective classifications but subject to reassignment and 611
reclassification of position and compensation as the 612
administrator determines to be in the interest of efficient 613
administration. The civil service status of any person employed 614
by the commission is not affected by this section. Personnel 615
employed by the bureau or the commission who are subject to 616
Chapter 4117. of the Revised Code shall retain all of their 617
rights and benefits conferred pursuant to that chapter as it 618
presently exists or is hereafter amended and nothing in this 619
chapter or Chapter 4123. of the Revised Code shall be construed 620
as eliminating or interfering with Chapter 4117. of the Revised 621
Code or the rights and benefits conferred under that chapter to 622
public employees or to any bargaining unit. 623
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(4) Provide offices, equipment, supplies, and other 625
facilities for the bureau. The administrator also shall provide 627
suitable office space in the service offices for the district 628
hearing officers, the staff hearing officers, and commission 629
employees as requested by the commission.
(5) Prepare and submit to the oversight commission 631
information the administrator considers pertinent or the 632
oversight commission requires, together with the administrator's 634
recommendations, in the form of administrative rules, for the 635
advice and consent of the oversight commission, for 636
classifications of occupations or industries, for premium rates 637
and contributions, for the amount to be credited to the surplus 638
fund, for rules and systems of rating, rate revisions, and merit 639
rating. The administrator shall obtain, prepare, and submit any 640
other information the oversight commission requires for the 642
prompt and efficient discharge of its duties.
(6) Keep the accounts required by division (A) of section 644
4123.34 of the Revised Code and all other accounts and records 645
necessary to the collection, administration, and distribution of 646
the workers' compensation funds and shall obtain the statistical 647
and other information required by section 4123.19 of the Revised 648
Code. 649
(7) Exercise the investment powers vested in the 651
administrator by section 4123.44 of the Revised Code in 652
accordance with the investment objectives, policies, and criteria 654
established by the oversight commission pursuant to section 655
4121.12 of the Revised Code. The administrator shall not engage 656
in any prohibited investment activity specified by the oversight 657
commission pursuant to division (F)(6) of section 4121.12 of the 658
Revised Code. All business shall be transacted, all funds 659
invested, all warrants for money drawn and payments made, and all 660
cash and securities and other property held, in the name of the 661
bureau, or in the name of its nominee, provided that nominees are
authorized by the administrator solely for the purpose of 663
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facilitating the transfer of securities, and restricted to the 664
administrator and designated employees. 665
(8) Make contracts for and supervise the construction of 668
any project or improvement or the construction or repair of 669
buildings under the control of the bureau. 670
(9) Purchase supplies, materials, equipment, and services; 672
make contracts for, operate, and superintend the telephone, other 673
telecommunication, and computer services for the use of the 674
bureau; and make contracts in connection with office 675
reproduction, forms management, printing, and other services. 676
Notwithstanding sections 125.12 to 125.14 of the Revised Code, 677
the administrator may transfer surplus computers and computer
equipment directly to an accredited public school within the 678
state. The computers and computer equipment may be repaired or 679
refurbished prior to the transfer. 680
(10) Separately from the budget the industrial commission 683
submits, prepare and submit to the director of budget and 684
management a budget for each biennium. The budget submitted 685
shall include estimates of the costs and necessary expenditures 686
of the bureau in the discharge of any duty imposed by law as well 687
as the costs of furnishing office space to the district hearing 688
officers, staff hearing officers, and commission employees under 689
division (D) of this section. 690
(11) As promptly as possible in the course of efficient 692
administration, decentralize and relocate such of the personnel 693
and activities of the bureau as is appropriate to the end that 694
the receipt, investigation, determination, and payment of claims 695
may be undertaken at or near the place of injury or the residence 696
of the claimant and for that purpose establish regional offices, 697
in such places as the administrator considers proper, capable of 699
discharging as many of the functions of the bureau as is 700
practicable so as to promote prompt and efficient administration 701
in the processing of claims. All active and inactive lost-time 702
claims files shall be held at the service office responsible for 703
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the claim. A claimant, at the claimant's request, shall be 704
provided with information by telephone as to the location of the 706
file pertaining to claim. The administrator shall ensure that 707
all service office employees report directly to the director for 708
their service office.
(12) Provide a written binder on new coverage where the 710
administrator considers it to be in the best interest of the 711
risk. The administrator, or any other person authorized by the 712
administrator, shall grant the binder upon submission of a 714
request for coverage by the employer. A binder is effective for 715
a period of thirty days from date of issuance and is 716
nonrenewable. Payroll reports and premium charges shall coincide 717
with the effective date of the binder. 718
(13) Set standards for the reasonable and maximum handling 720
time of claims payment functions, ensure, by rules, the impartial 721
and prompt treatment of all claims and employer risk accounts, 722
and establish a secure, accurate method of time stamping all 723
incoming mail and documents hand delivered to bureau employees. 724
(14) Ensure that all employees of the bureau follow the 726
orders and rules of the commission as such orders and rules 727
relate to the commission's overall adjudicatory policy-making and 728
management duties under this chapter and Chapters 4123., 4127., 729
and 4131. of the Revised Code. 730
(15) Manage and operate a data processing system with a 732
common data base for the use of both the bureau and the 733
commission and, in consultation with the commission, using 734
electronic data processing equipment, shall develop a claims 735
tracking system that is sufficient to monitor the status of a 736
claim at any time and that lists appeals that have been filed and 737
orders or determinations that have been issued pursuant to 738
section 4123.511 or 4123.512 of the Revised Code, including the 739
dates of such filings and issuances. 740
(16) Establish and maintain a medical section within the 742
bureau. The medical section shall do all of the following: 743
18
(a) Assist the administrator in establishing standard 745
medical fees, approving medical procedures, and determining 746
eligibility and reasonableness of the compensation payments for 747
medical, hospital, and nursing services, and in establishing 748
guidelines for payment policies which recognize usual, customary, 749
and reasonable methods of payment for covered services; 750
(b) Provide a resource to respond to questions from claims 752
examiners for employees of the bureau; 753
(c) Audit fee bill payments; 755
(d) Implement a program to utilize, to the maximum extent 757
possible, electronic data processing equipment for storage of 758
information to facilitate authorizations of compensation payments 759
for medical, hospital, drug, and nursing services; 760
(e) Perform other duties assigned to it by the 762
administrator. 763
(17) Appoint, as the administrator determines necessary, 765
panels to review and advise the administrator on disputes arising 767
over a determination that a health care service or supply 768
provided to a claimant is not covered under this chapter or 769
Chapter 4123. of the Revised Code or is medically unnecessary. 770
If an individual health care provider is involved in the dispute, 771
the panel shall consist of individuals licensed pursuant to the 772
same section of the Revised Code as such health care provider. 773
(18) Pursuant to section 4123.65 of the Revised Code, 775
approve applications for the final settlement of claims for 776
compensation or benefits under this chapter and Chapters 4123., 777
4127., and 4131. of the Revised Code as the administrator 778
determines appropriate, except in regard to the applications of 780
self-insuring employers and their employees. 781
(19) Comply with section 3517.13 of the Revised Code, and 783
except in regard to contracts entered into pursuant to the 785
authority contained in section 4121.44 of the Revised Code,
comply with the competitive bidding procedures set forth in the 787
Revised Code for all contracts into which the administrator 788
19
enters provided that those contracts fall within the type of 789
contracts and dollar amounts specified in the Revised Code for 790
competitive bidding and further provided that those contracts are
not otherwise specifically exempt from the competitive bidding 791
procedures contained in the Revised Code. 792
(20) Adopt, with the advice and consent of the oversight 794
commission, rules for the operation of the bureau. 795
(21) Prepare and submit to the oversight commission 797
information the administrator considers pertinent or the 798
oversight commission requires, together with the administrator's 799
recommendations, in the form of administrative rules, for the 800
advice and consent of the oversight commission, for the health 801
partnership program and the qualified health plan system, as
provided in sections 4121.44, 4121.441, and 4121.442 of the 802
Revised Code.
(C) The administrator, with the advice and consent of the 804
senate, shall appoint a chief operating officer who has 806
significant experience in the field of workers' compensation 807
insurance or other similar insurance industry experience if the
administrator does not possess such experience. The chief 808
operating officer shall not commence the chief operating 809
officer's duties until after the senate consents to the chief 810
operating officer's appointment. The chief operating officer 811
shall serve in the unclassified civil service of the state. 812
Sec. 4121.37. The administrator of workers' compensation 821
having, by virtue of Section 35 of Article II, Ohio Constitution, 822
the expenditure of the fund therein created for the investigation 823
and prevention of industrial accidents and diseases, shall, with 824
the advice and consent of the workers' compensation oversight 825
commission, in the exercise of the administrator's authority and 826
in the performance of the administrator's duty, employ a 827
superintendent and the necessary experts, engineers,
investigators, clerks, and stenographers for the efficient 828
operation of a division of safety and hygiene of the bureau of 829
20
workers' compensation, which is hereby created. 830
The general assembly hereby declares that in furtherance of 832
the authority granted to the administrator pursuant to Section 35 833
of Article II, Ohio Constitution, and to encourage public 834
employers to operate and maintain safe places of employment for 835
public employees of this state, the administrator, with the 837
advice and consent of the oversight commission, may transfer 838
funds, certified as provided in section 126.07 of the Revised 840
Code, from the safety and hygiene fund to the occupational safety 842
loan fund created in section 4121.48 of the Revised Code, for the 843
purposes of that section. 844
The administrator of workers' compensation, with the advice 847
and consent of the oversight commission, shall pay into the
safety and hygiene fund, which is hereby created in the state 849
treasury, the portion of the contributions paid by employers, 850
calculated as though all employers paid premiums based upon 851
payroll, not to exceed three-fourths of one ONE per cent thereof 852
in any year, as is necessary for the payment of the salary of the 853
superintendent of the division of safety and hygiene and the 854
compensation of the other employees of the division of safety and 855
hygiene, and the expenses of investigations and researches for 856
the prevention of industrial accidents and diseases. All 857
investment earning of the fund shall be credited to the fund. 858
The administrator has the same powers to invest any of the funds 859
belonging to the fund as are delegated to the administrator under 860
section 4123.44 of the Revised Code with respect to the state 861
insurance fund. The superintendent, under the direction of the 863
administrator, with the advice and consent of the oversight 864
commission, shall conduct investigations and researches for the
prevention of industrial accidents and diseases, conduct loss 865
prevention programs and courses for employers, establish and 866
administrate cooperative programs with employers for the purchase 867
of individual safety equipment for employees, and print and 868
distribute information as may be of benefit to employers and 869
21
employees. The administrator shall pay from the safety and 870
hygiene fund the salary of the superintendent of the division of 871
safety and hygiene, the compensation of the other employees of 873
the division of safety and hygiene, the expenses necessary or 874
incidental to investigations and researches for the prevention of 875
industrial accidents and diseases, and the cost of printing and 877
distributing such information.
The superintendent, under the direction of the 879
administrator, shall prepare an annual report, addressed to the 880
governor, on the amount of the expenditures and the purposes for 881
which they have been made, and the results of the investigations 882
and researches. The administrator shall include the 883
administrative costs, salaries, and other expenses of the 884
division of safety and hygiene as a part of the budget of the 885
bureau of workers' compensation that is submitted to the director 887
of budget and management and shall identify those expenditures
separately from other bureau expenditures. 888
The superintendent shall be a competent person with at 890
least five years' experience in industrial accident or disease 891
prevention work. The superintendent and up to six positions in 892
the division of safety and hygiene as the administrator, with the 893
advice and consent of the oversight commission, designates are in 894
the unclassified civil service of the state as long as the 895
administrator, with the advice and consent of the oversight 896
commission, determines the positions subordinate to the 897
superintendent are primarily and distinctively administrative, 898
managerial, or professional in character. All other full-time 899
employees of the division of safety and hygiene are in the 900
classified civil service of the state. 901
Sec. 4121.44. (A) The administrator of workers' 910
compensation shall oversee the implementation of the Ohio 911
workers' compensation qualified health plan system as established 912
under section 4121.442 of the Revised Code. 913
(B) The administrator shall direct the implementation of 916
22
the health partnership program administered by the bureau as set 917
forth in section 4121.441 of the Revised Code. To implement the 918
health partnership program, the bureau:
(1) Shall certify one or more external vendors to provide 920
medical management and cost containment services in the health 921
partnership program for a period of two years beginning on the 923
date of certification, consistent with the standards established 924
under this section;
(2) May recertify external vendors for an additional 927
period PERIODS of two years upon the expiration of the 928
certification set forth in division (B)(1) of this section; and 930
(3) May integrate the certified vendors with bureau staff 933
and existing bureau services for purposes of operation and
training to allow the bureau to assume operation of the health 934
partnership program at the conclusion of the certification 936
periods set forth in division (B)(1) or (2) of this section. 937
(C) Any vendor selected shall demonstrate all of the 939
following: 940
(1) Arrangements and reimbursement agreements with a 942
substantial number of the medical, professional and pharmacy 943
providers currently being utilized by claimants. 944
(2) Ability to accept a common format of medical bill data 946
in an electronic fashion from any provider who wishes to submit 947
medical bill data in that form. 948
(3) A computer system able to handle the volume of medical 950
bills and willingness to customize that system to the bureau's 952
needs and to be operated by the vendor's staff, bureau staff, or 953
some combination of both staffs.
(4) A prescription drug system where pharmacies on a 955
statewide basis have access to the eligibility and pricing, at a 956
discounted rate, of all prescription drugs. 957
(5) A tracking system to record all telephone calls from 959
claimants and providers regarding the status of submitted medical 961
bills so as to be able to track each inquiry.
23
(6) Data processing capacity to absorb all of the bureau's 963
medical bill processing or at least that part of the processing 964
which the bureau arranges to delegate. 965
(7) Capacity to store, retrieve, array, simulate, and 967
model in a relational mode all of the detailed medical bill data 968
so that analysis can be performed in a variety of ways and so 969
that the bureau and its governing authority can make informed 970
decisions. 971
(8) Wide variety of software programs which translate 973
medical terminology into standard codes, and which reveal if a 974
provider is manipulating the procedures codes, commonly called 976
"unbundling."
(9) Necessary professional staff to conduct, at a minimum, 978
authorizations for treatment, medical necessity, utilization 979
review, concurrent review, post-utilization review, and have the 980
attendant computer system which supports such activity and 981
measures the outcomes and the savings. 982
(10) Management experience and flexibility to be able to 984
react quickly to the needs of the bureau in the case of required 985
change in federal or state requirements. 986
(D) The administrator may limit freedom of choice of 990
health care provider or supplier by requiring, beginning with the 991
period set forth in division (B)(1) or (2) of this section, that 992
claimants shall pay an appropriate out-of-plan co-pay COPAYMENT 994
for selecting a medical provider not within the health 996
partnership program as provided for in this section.
(E) The administrator, six months prior to the expiration 999
of the bureau's certification or recertification of the vendor or 1,000
vendors as set forth in division (B)(1) or (2) of this section, 1,002
may certify and provide evidence to the governor, the speaker of 1,003
the house of representatives, and the president of the senate 1,004
that the existing bureau staff is able to match or exceed the 1,005
performance and outcomes of the external vendor or vendors and 1,006
that the bureau should be permitted to internally administer the 1,007
24
health partnership program upon the expiration of the 1,008
certification or recertification as set forth in division (B)(1) 1,009
or (2) of this section.
(F) The administrator shall establish and operate a bureau 1,011
of workers' compensation health care data program. The 1,013
administrator may contract with the Ohio health care data center 1,014
for such purposes. The administrator shall develop reporting 1,015
requirements from all employees, employers and medical providers, 1,016
medical vendors, and plans that participate in the workers' 1,017
compensation system. The administrator shall do all of the 1,018
following:
(1) Utilize the collected data to measure and perform 1,020
comparison analyses of costs, quality, appropriateness of medical 1,021
care, and effectiveness of medical care delivered by all 1,023
components of the workers' compensation system.
(2) Compile data to support activities of the selected 1,025
vendor or vendors and to measure the outcomes and savings of the 1,026
health partnership program. 1,027
(3) Publish and report compiled data to the governor, the 1,029
speaker of the house of representatives, and the president of the 1,030
senate on the first day of each January and July, the measures of 1,032
outcomes and savings of the health partnership program and the 1,033
qualified health plan system. The administrator shall protect 1,034
the confidentiality of all proprietary pricing data. 1,035
(G) Any rehabilitation facility the bureau operates is 1,037
eligible for inclusion in the Ohio workers' compensation 1,038
qualified health plan system or the health partnership program 1,039
under the same terms as other providers within health care plans 1,040
or the program. 1,041
(H) In areas outside the state or within the state where 1,043
no qualified health plan or an inadequate number of providers 1,044
within the health partnership program exist, the administrator 1,045
shall permit employees to use a nonplan or nonprogram health care 1,046
provider and shall pay the provider for the services or supplies 1,047
25
provided to or on behalf of an employee for an injury or 1,048
occupational disease that is compensable under this chapter or 1,049
Chapter 4123., 4127., or 4131. of the Revised Code on a fee 1,050
schedule the administrator adopts. 1,051
(I) No certified health care provider shall charge, 1,053
assess, or otherwise attempt to collect from an employee, 1,054
employer, a managed care organization, or the bureau any amount 1,055
for covered services or supplies that is in excess of the allowed 1,056
amount paid by a managed care organization, the bureau, or a 1,057
qualified health plan. 1,058
(J) The administrator shall permit any employer or group 1,060
of employers who agree to abide by the rules adopted under this 1,061
section and sections 4121.441 and 4121.442 of the Revised Code to 1,062
provide services or supplies to or on behalf of an employee for 1,063
an injury or occupational disease that is compensable under this 1,064
chapter or Chapter 4123., 4127., or 4131. of the Revised Code 1,065
through qualified health plans of the Ohio workers' compensation 1,066
qualified health plan system pursuant to section 4121.442 of the 1,067
Revised Code or through the health partnership program pursuant 1,068
to section 4121.441 of the Revised Code. No amount paid under 1,069
the qualified health plan system pursuant to section 4121.442 of 1,070
the Revised Code by an employer who is a state fund employer 1,071
shall be charged to the employer's experience or otherwise be 1,072
used in merit-rating or determining the risk of that employer for 1,073
the purpose of the payment of premiums under this chapter, and if 1,074
the employer is a self-insuring employer, the employer shall not 1,075
include that amount in the paid compensation the employer reports 1,077
under section 4123.35 of the Revised Code.
Sec. 4121.63. Claimants who the administrator of workers' 1,086
compensation determines could probably be rehabilitated to 1,087
achieve the goals established by section 4121.61 of the Revised 1,088
Code and who agree to undergo rehabilitation shall be paid living 1,089
maintenance payments for a period or periods which do not exceed 1,090
six months in the aggregate, unless review by the administrator 1,091
26
or his THE ADMINISTRATOR'S designee reveals that the claimant 1,092
will be benefited by an extension of such payments. 1,093
Living maintenance payments shall be paid in weekly 1,095
amounts, not to exceed the amount the claimant would receive if 1,096
the claimant were being compensated for temporary total 1,097
disability, but not less than fifty per cent of the current state 1,098
average weekly wage. LIVING MAINTENANCE PAYMENTS SHALL COMMENCE 1,099
AT THE TIME THE CLAIMANT BEGINS TO PARTICIPATE IN AN APPROVED 1,100
REHABILITATION PROGRAM.
A claimant receiving living maintenance payments shall be 1,102
deemed to be temporarily totally disabled and shall receive no 1,103
payment of any type of compensation except as provided by 1,104
division (B) of section 4123.57 of the Revised Code for the 1,105
periods during which the claimant is receiving living maintenance 1,106
payments. 1,107
Sec. 4123.343. This section shall be construed liberally 1,116
to the end that employers shall be encouraged to employ and 1,117
retain in their employment handicapped employees as defined in 1,118
this section. 1,119
(A) As used in this section, "handicapped employee" means 1,121
an employee who is afflicted with or subject to any physical or 1,122
mental impairment, or both, whether congenital or due to an 1,123
injury or disease of such character that the impairment 1,124
constitutes a handicap in obtaining employment or would 1,125
constitute a handicap in obtaining reemployment if the employee 1,126
should become unemployed and whose handicap is due to any of the 1,127
following diseases or conditions: 1,128
(1) Epilepsy; 1,130
(2) Diabetes; 1,132
(3) Cardiac disease; 1,134
(4) Arthritis; 1,136
(5) Amputated foot, leg, arm, or hand; 1,138
(6) Loss of sight of one or both eyes or a partial loss of 1,140
uncorrected vision of more than seventy-five per cent 1,141
27
bilaterally; 1,142
(7) Residual disability from poliomyelitis; 1,144
(8) Cerebral palsy; 1,146
(9) Multiple sclerosis; 1,148
(10) Parkinson's disease; 1,150
(11) Cerebral vascular accident; 1,152
(12) Tuberculosis; 1,154
(13) Silicosis; 1,156
(14) Psycho-neurotic disability following treatment in a 1,158
recognized medical or mental institution; 1,159
(15) Hemophilia; 1,161
(16) Chronic osteomyelitis; 1,163
(17) Ankylosis of joints; 1,165
(18) Hyper insulinism; 1,167
(19) Muscular dystrophies; 1,169
(20) Arterio-sclerosis; 1,171
(21) Thrombo-phlebitis; 1,173
(22) Varicose veins; 1,175
(23) Cardiovascular, pulmonary, or respiratory diseases of 1,177
a fire fighter FIREFIGHTER or police officer employed by a 1,178
municipal corporation or township as a regular member of a 1,179
lawfully constituted police department or fire department; 1,180
(24) Coal miners' pneumoconiosis, commonly referred to as 1,182
"black lung disease"; 1,183
(25) Disability with respect to which an individual has 1,185
completed a rehabilitation program conducted pursuant to sections 1,186
4121.61 to 4121.69 of the Revised Code. 1,187
(B) Under the circumstances set forth in this section all 1,189
or such portion as the administrator determines of the 1,190
compensation and benefits paid in any claim arising hereafter 1,191
shall be charged to and paid from the statutory surplus fund 1,192
created under section 4123.34 of the Revised Code and only the 1,193
portion remaining shall be merit-rated or otherwise treated as 1,194
part of the accident or occupational disease experience of the 1,195
28
employer. If the employer is a self-insuring employer, the 1,196
proportion of such costs whether charged to the statutory surplus 1,197
fund in whole or in part shall be by way of direct payment to 1,198
such employee or his THE EMPLOYEE'S dependents or by way of 1,199
reimbursement to the self-insuring employer as the circumstances 1,200
indicate. The provisions of this section apply only in cases of 1,201
death, total disability, whether temporary or permanent, and all 1,202
disabilities compensated under division (B) of section 4123.57 of 1,203
the Revised Code. The administrator shall adopt rules specifying 1,204
the grounds upon which charges to the statutory surplus fund are 1,205
to be made. The rules shall prohibit as a grounds any agreement 1,206
between employer and claimant as to the merits of a claim and the 1,207
amount of the charge. 1,208
(C) Any employer who advises the bureau of workers' 1,210
compensation prior to the occurrence of an injury or occupational 1,211
disease that it has in its employ a handicapped employee is 1,212
entitled, in the event the person is injured, to a determination 1,213
under this section. Any employer who fails to notify the bureau 1,214
but applies for a determination under this section is entitled to 1,215
a determination if the bureau finds that there was good cause for 1,216
the failure to give notice of the employment of the handicapped 1,217
employee. The bureau annually shall require employers to file an 1,218
inventory of current handicapped employees. 1,219
An employer shall file an application UNDER THIS SECTION 1,221
for a determination with the bureau or commission in the same 1,223
manner as other claims. An application only may be made in cases 1,224
where a handicapped employee or his A HANDICAPPED EMPLOYEE'S 1,225
dependents claim or is receiving an award of compensation as a 1,226
result of an injury or occupational disease occurring or 1,227
contracted on or after the date on which division (A) of this 1,228
section first included the handicap of such employee. 1,229
(D) The circumstances under and the manner in which an 1,231
apportionment under this section shall be made are: 1,232
(1) Whenever a handicapped employee is injured or disabled 1,234
29
or dies as the result of an injury or occupational disease 1,235
sustained in the course of and arising out of his A HANDICAPPED 1,236
EMPLOYEE'S employment in this state and the administrator awards 1,237
compensation therefor and when it appears to the satisfaction of 1,239
the administrator that the injury or occupational disease or the 1,240
death resulting therefrom would not have occurred but for the 1,241
pre-existing physical or mental impairment of the handicapped 1,242
employee, all compensation and benefits payable on account of the 1,243
disability or death shall be paid from the surplus fund. 1,244
(2) Whenever a handicapped employee is injured or disabled 1,246
or dies as a result of an injury or occupational disease and the 1,247
administrator finds that the injury or occupational disease would 1,248
have been sustained or suffered without regard to the employee's 1,249
pre-existing impairment but that the resulting disability or 1,250
death was caused at least in part through aggravation of the 1,251
employee's pre-existing disability, the administrator shall 1,252
determine in a manner that is equitable and reasonable and based 1,253
upon medical evidence the amount of disability or proportion of 1,254
the cost of the death award that is attributable to the 1,255
employee's pre-existing disability and the amount found shall be 1,257
charged to the statutory surplus fund.
(E) The benefits and provisions of this section apply only 1,259
to employers who have complied with this chapter either through 1,260
insurance with the state fund or as a self-insuring employer. 1,261
(F) No employer shall in any year receive credit under 1,263
this section in an amount greater than the premium he THE 1,264
EMPLOYER paid if a state fund employer or greater than his THE 1,265
EMPLOYER'S assessments if a self-insuring employer. 1,266
(G) Self-insuring employers may, for all claims made after 1,268
January 1, 1987, for compensation and benefits under this 1,269
section, pay the compensation and benefits directly to the 1,270
employee or the employee's dependents. If such an employer 1,271
chooses to pay compensation and benefits directly, he THE 1,272
EMPLOYER shall receive no money or credit from the surplus fund 1,273
30
for the payment under this section, nor shall he THE EMPLOYER be 1,274
required to pay any amounts into the surplus fund that otherwise 1,275
would be assessed for handicapped reimbursements for claims made 1,276
after January 1, 1987. Where a self-insuring employer elects to 1,277
pay for compensation and benefits pursuant to this section, he 1,278
THE EMPLOYER shall assume responsibility for compensation and 1,279
benefits arising out of claims made prior to January 1, 1987, and 1,280
shall not be required to pay any amounts into the surplus fund 1,281
and may not receive any money or credit from that fund on account 1,282
of this section. The election made under this division is 1,283
irrevocable.
(H) An order issued by the administrator pursuant to this 1,285
section is appealable under section 4123.511 of the Revised Code 1,286
but is not appealable to court under section 4123.512 of the 1,287
Revised Code. 1,288
Sec. 4123.511. (A) Within seven days after receipt of any 1,299
claim under this chapter, the bureau of workers' compensation
shall notify the claimant and the employer of the claimant of the 1,300
receipt of the claim and of the facts alleged therein. If the 1,301
bureau receives from a person other than the claimant written or 1,302
telecommunicated information indicating that an injury or 1,303
occupational disease has occurred or been contracted with may be 1,304
compensable under this chapter, the bureau shall notify the 1,305
employee and the employer of the information. If the information 1,306
is provided by any method of telecommunication, the person 1,307
providing the information shall provide written verification of 1,308
the information to the bureau according to division (E) of 1,309
section 4123.84 of the Revised Code. The receipt of the 1,310
information in writing, or if by a method of telecommunications, 1,311
the written verification, and the notice by the bureau shall be 1,312
considered an application for compensation under section 4123.84 1,313
or 4123.85 of the Revised Code provided that the conditions of 1,314
division (E) of section 4123.84 of the Revised Code apply to 1,315
information provided by a method of telecommunication. Upon 1,316
31
receipt of a claim, the bureau shall advise the claimant of the 1,317
claim number assigned and the claimant's right to representation 1,318
in the processing of a claim or to elect no representation. If 1,319
the bureau determines that a claim is determined to be a 1,320
compensable lost-time claim, the bureau shall notify the claimant 1,321
and the employer of the availability of rehabilitation services. 1,322
No bureau or industrial commission employee shall directly or 1,323
indirectly convey any information in derogation of this right. 1,324
This section shall in no way abrogate the bureau's responsibility 1,325
to aid and assist a claimant in the filing of a claim and to 1,326
advise the claimant of the claimant's rights under the law. 1,327
The administrator of workers' compensation shall assign all 1,329
claims and investigations to the bureau service office from which 1,330
investigation and determination may be made most expeditiously. 1,331
The bureau shall investigate the facts concerning an injury 1,333
or occupational disease and ascertain such facts in whatever 1,334
manner is most appropriate and may obtain statements of the 1,335
employee, employer, attending physician, and witnesses in 1,336
whatever manner is most appropriate. 1,337
(B)(1) Except as provided in division (B)(2) of this 1,339
section, in claims other than those in which the employer is a 1,340
self-insuring employer, if the administrator determines under 1,341
division (A) of this section that a claimant is or is not 1,342
entitled to an award of compensation or benefits, the 1,343
administrator shall issue an order, no sooner than twenty-one 1,344
days but no later than twenty-eight days after the sending of the 1,347
notice under division (A) of this section, granting or denying 1,348
the payment of the compensation or benefits, or both as is 1,349
appropriate to the claimant. Notwithstanding the time limitation 1,350
specified in this division for the issuance of an order, if a 1,351
medical examination of the claimant is required by statute, the 1,352
administrator promptly shall schedule the claimant for that
examination and shall issue an order no later than twenty-eight 1,353
days after receipt of the report of the examination. The 1,354
32
administrator shall notify the claimant and the employer of the 1,356
claimant and their respective representatives in writing of the 1,357
nature of the order and the amounts of compensation and benefit 1,358
payments involved. The employer or claimant may appeal the order 1,359
pursuant to division (C) of this section within fourteen days 1,360
after the date of the receipt of the order. The employer and 1,361
claimant may waive, in writing, their rights to an appeal under 1,362
this division.
(2) Notwithstanding the time limitation specified in 1,364
division (B)(1) of this section for the issuance of an order, if 1,365
the employer certifies a claim for payment of compensation or 1,366
benefits, or both, to a claimant, and the administrator has 1,367
completed the investigation of the claim, the payment of benefits 1,369
or compensation, or both, as is appropriate, shall commence upon 1,370
the later of the date of the certification or completion of the 1,371
investigation and issuance of the order by the administrator, 1,372
provided that the administrator shall issue the order no later 1,373
than the time limitation specified in division (B)(1) of this 1,374
section. 1,375
(3) If an appeal is made under division (B)(1) or (2) of 1,377
this section, the administrator shall forward the claim file to 1,378
the appropriate district hearing officer within seven days of the 1,379
appeal. In contested claims other than state fund claims, the 1,380
administrator shall forward the claim within seven days of the 1,381
administrator's receipt of the claim to the commission, which 1,383
shall refer the claim to an appropriate district hearing officer 1,384
for a hearing in accordance with division (C) of this section. 1,385
(C) If an employer or claimant timely appeals the order of 1,387
the administrator issued under division (B) of this section or in 1,388
the case of other contested claims other than state fund claims, 1,389
the commission shall refer the claim to an appropriate district 1,390
hearing officer according to rules the commission adopts under 1,391
section 4121.36 of the Revised Code. The district hearing 1,392
officer shall notify the parties and their respective 1,393
33
representatives of the time and place of the hearing. 1,394
The district hearing officer shall hold a hearing on a 1,396
disputed issue or claim within forty-five days after the filing 1,398
of the appeal under this division and issue a decision within 1,399
seven days after holding the hearing. The district hearing 1,400
officer shall notify the parties and their respective
representatives in writing of the order. Any party may appeal an 1,402
order issued under this division pursuant to division (D) of this 1,403
section within fourteen days after receipt of the order under 1,404
this division. 1,405
(D) Upon the timely filing of an appeal of the order of 1,407
the district hearing officer issued under division (C) of this 1,408
section, the commission shall refer the claim file to an 1,409
appropriate staff hearing officer according to its rules adopted 1,410
under section 4121.36 of the Revised Code. The staff hearing 1,411
officer shall hold a hearing within forty-five days after the 1,412
filing of an appeal under this division and issue a decision 1,413
within seven days after holding the hearing under this division. 1,416
The staff hearing officer shall notify the parties and their 1,417
respective representatives in writing his OF THE STAFF HEARING
OFFICER'S order. Any party may appeal an order issued under this 1,419
division pursuant to division (E) of this section within fourteen 1,420
days after receipt of the order under this division. 1,421
(E) Upon the filing of a timely appeal of the order of the 1,423
staff hearing officer issued under division (D) of this section, 1,424
the commission or a designated staff hearing officer, on behalf 1,425
of the commission, shall determine whether the commission will 1,427
hear the appeal. If the commission or the designated staff
hearing officer decides to hear the appeal, the commission or the 1,429
designated staff hearing officer shall notify the parties and 1,430
their respective representatives in writing of the time and place 1,431
of the hearing. The commission shall hold the hearing within 1,432
forty-five days after the filing of the notice of appeal and, 1,433
within seven days after the conclusion of the hearing, the 1,434
34
commission shall issue its order affirming, modifying, or 1,435
reversing the order issued under division (D) of this section. 1,436
The commission shall notify the parties and their respective 1,437
representatives in writing of the order. If the commission or 1,438
the designated staff hearing officer determines not to hear the 1,439
appeal, within fourteen days after the filing of the notice of 1,440
appeal, the commission or the designated staff hearing officer 1,441
shall issue an order to that effect and notify the parties and
their respective representatives in writing of that order. 1,442
Except as otherwise provided in this chapter and Chapters 1,444
4121., 4127., and 4131. of the Revised Code, any party may appeal 1,445
an order issued under this division to the court pursuant to 1,446
section 4123.512 of the Revised Code within sixty days after 1,447
receipt of the order, subject to the limitations contained in 1,448
that section. 1,449
(F) Every notice of an appeal from an order issued under 1,451
divisions (B), (C), (D), and (E) of this section shall state the 1,452
names of the claimant and employer, the number of the claim, the 1,453
date of the decision appealed from, and the fact that the 1,454
appellant appeals therefrom. 1,455
(G) All of the following apply to the proceedings under 1,457
divisions (C), (D), and (E) of this section: 1,458
(1) The parties shall proceed promptly and without 1,460
continuances except for good cause; 1,461
(2) The parties, in good faith, shall engage in the free 1,463
exchange of information relevant to the claim prior to the 1,464
conduct of a hearing according to the rules the commission adopts 1,465
under section 4121.36 of the Revised Code; 1,466
(3) The administrator is a party and may appear and 1,468
participate at all administrative proceedings on behalf of the 1,469
state insurance fund. However, in cases in which the employer is 1,470
represented, the administrator shall neither present arguments 1,471
nor introduce testimony that is cumulative to that presented or 1,472
introduced by the employer or the employer's representative. The 1,473
35
administrator may file an appeal under this section on behalf of
the state insurance fund; however, except in cases arising under 1,474
section 4123.343 of the Revised Code, the administrator only may 1,475
appeal questions of law or issues of fraud when the employer 1,476
appears in person or by representative.
(H) Except as provided in SECTION 4121.63 OF THE REVISED 1,478
CODE AND division (J) of this section, payments of compensation 1,479
to a claimant or on behalf of a claimant as a result of any order 1,480
issued under this chapter shall commence upon the earlier of the 1,481
following:
(1) Fourteen days after the date the administrator issues 1,483
an order under division (B) of this section, unless that order is 1,484
appealed; 1,485
(2) Twenty-one days after the date when the employer has 1,487
waived the right to appeal a decision issued under division (B) 1,488
of this section;
(3) If no appeal of an order has been filed under this 1,490
section or to a court under section 4123.512 of the Revised Code, 1,491
the expiration of the time limitations for the filing of an 1,492
appeal of an order; 1,493
(4) The date of receipt by the employer of an order of a 1,495
district hearing officer, a staff hearing officer, or the 1,497
industrial commission issued under division (C), (D), or (E) of 1,498
this section.
(I) No medical benefits payable under this chapter or 1,500
Chapter 4121., 4127., or 4131. of the Revised Code are payable 1,501
until the earlier of the following: 1,502
(1) The date of the issuance of the staff hearing 1,504
officer's order under division (D) of this section; 1,505
(2) The date of the final administrative or judicial 1,507
determination. 1,508
(J) Upon the final administrative or judicial 1,510
determination under this section or section 4123.512 of the 1,511
Revised Code of an appeal of an order to pay compensation, if a 1,512
36
claimant is found to have received compensation pursuant to a 1,513
prior order which is reversed upon subsequent appeal, the 1,514
claimant's employer, if a self-insuring employer, or the bureau, 1,516
shall withhold from any amount to which the claimant becomes 1,517
entitled pursuant to any claim, past, present, or future, under 1,518
Chapter 4121., 4123., 4127., or 4131. of the Revised Code, the 1,519
amount of previously paid compensation to the claimant which, due 1,520
to reversal upon appeal, the claimant is not entitled, pursuant 1,521
to the following criteria: 1,522
(1) No withholding for the first twelve weeks of temporary 1,524
total disability compensation pursuant to section 4123.56 of the 1,525
Revised Code shall be made; 1,526
(2) Forty per cent of all awards of compensation paid 1,528
pursuant to sections 4123.56 and 4123.57 of the Revised Code, 1,529
until the amount overpaid is refunded; 1,530
(3) Twenty-five per cent of any compensation paid pursuant 1,532
to section 4123.58 of the Revised Code until the amount overpaid 1,533
is refunded; 1,534
(4) If, pursuant to an appeal under section 4123.512 of 1,536
the Revised Code, the court of appeals or the supreme court 1,537
reverses the allowance of the claim, then no amount of any 1,538
compensation will be withheld. 1,539
The administrator and self-insuring employers, as 1,541
appropriate, are subject to the repayment schedule of this 1,542
division only with respect to an order to pay compensation that 1,543
was properly paid under a previous order, but which is
subsequently reversed upon an administrative or judicial appeal. 1,544
The administrator and self-insuring employers are not subject to, 1,545
but may utilize, the repayment schedule of this division, or any 1,546
other lawful means, to collect payment of compensation made to a 1,547
person who was not entitled to the compensation due to fraud as 1,548
determined by the administrator or the industrial commission. 1,549
(K) If a staff hearing officer or the commission fails to 1,551
issue a decision or the commission fails to refuse to hear an 1,552
37
appeal within the time periods required by this section, payments 1,553
to a claimant shall cease until the staff hearing officer or 1,554
commission issues a decision or hears the appeal, unless the 1,555
failure was due to the fault or neglect of the employer or the 1,556
employer agrees that the payments should continue for a longer 1,557
period of time. 1,558
(L) Except as otherwise provided in this section or 1,560
section 4123.522 of the Revised Code, no appeal is timely filed 1,561
under this section unless the appeal is filed with the time 1,562
limits set forth in this section.
(M) No person who is not an employee of the bureau or 1,564
commission or who is not by law given access to the contents of a 1,565
claims file shall have a file in the person's possession. 1,566
(N) Upon application of a party who resides in an area in 1,569
which an emergency or disaster is declared, the industrial 1,570
commission and hearing officers of the commission may waive the 1,571
time frame within which claims and appeals of claims set forth in 1,572
this section must be filed upon a finding that the applicant was 1,573
unable to comply with a filing deadline due to an emergency or a 1,574
disaster.
As used in this division: 1,576
(1) "Emergency" means any occasion or instance for which 1,578
the governor of Ohio or the president of the United States 1,580
publicly declares an emergency and orders state or federal 1,581
assistance to save lives and protect property, the public health 1,582
and safety, or to lessen or avert the threat of a catastrophe. 1,583
(2) "Disaster" means any natural catastrophe or fire, 1,585
flood, or explosion, regardless of the cause, that causes damage 1,586
of sufficient magnitude that the governor of Ohio or the 1,587
President of the United States, through a public declaration, 1,589
orders state or federal assistance to alleviate damage, loss, 1,590
hardship, or suffering that results from the occurrence. 1,591
Sec. 4123.512. (A) The claimant or the employer may 1,600
appeal an order of the industrial commission made under division 1,601
38
(E) of section 4123.511 of the Revised Code in any injury or 1,602
occupational disease case, other than a decision as to the extent 1,603
of disability to the court of common pleas of the county in which 1,605
the injury was inflicted or in which the contract of employment 1,606
was made if the injury occurred outside the state, or in which 1,607
the contract of employment was made if the exposure occurred 1,608
outside the state. If no common pleas court has jurisdiction for 1,609
the purposes of an appeal by the use of the jurisdictional 1,610
requirements described in this division, the appellant may use 1,611
the venue provisions in the Rules of Civil Procedure to vest 1,612
jurisdiction in a court. If the claim is for an occupational 1,613
disease the appeal shall be to the court of common pleas of the 1,614
county in which the exposure which caused the disease occurred. 1,615
Like appeal may be taken from an order of a staff hearing officer 1,616
made under division (D) of section 4123.511 of the Revised Code 1,617
from which the commission has refused to hear an appeal. The 1,618
appellant shall file the notice of appeal with a court of common 1,619
pleas within sixty days after the date of the receipt of the 1,620
order appealed from or the date of receipt of the order of the 1,621
commission refusing to hear an appeal of a staff hearing 1,622
officer's decision under division (D) of section 4123.511 of the 1,623
Revised Code. The filing of the notice of the appeal with the 1,624
court is the only act required to perfect the appeal.
If an action has been commenced in a court of a county 1,626
other than a court of a county having jurisdiction over the 1,627
action, the court, upon notice by any party or upon its own 1,628
motion, shall transfer the action to a court of a county having 1,629
jurisdiction. 1,630
Notwithstanding anything to the contrary in this section, 1,632
if the commission determines under section 4123.522 of the 1,633
Revised Code that an employee, employer, or their respective 1,634
representatives have not received written notice of an order or 1,635
decision which is appealable to a court under this section and 1,636
which grants relief pursuant to section 4123.522 of the Revised 1,637
39
Code, the party granted the relief has sixty days from receipt of 1,638
the order under section 4123.522 of the Revised Code to file a 1,639
notice of appeal under this section. 1,640
(B) The notice of appeal shall state the names of the 1,642
claimant and the employer, the number of the claim, the date of 1,643
the order appealed from, and the fact that the appellant appeals 1,644
therefrom. 1,645
The administrator, the claimant, and the employer shall be 1,647
parties to the appeal and the court, upon the application of the 1,648
commission, shall make the commission a party. THE PARTY FILING 1,649
THE APPEAL SHALL SERVE A COPY OF THE NOTICE OF APPEAL ON THE 1,650
ADMNISTRATOR OF WORKERS' COMPENSATION AT THE CENTRAL OFFICE OF 1,651
THE BUREAU OF WORKERS' COMPENSATION IN COLUMBUS. The 1,652
administrator shall notify the employer that if the employer 1,653
fails to become an active party to the appeal, then the 1,655
administrator may act on behalf of the employer and the results 1,656
of the appeal could have an adverse effect upon the employer's 1,657
premium rates.
(C) The attorney general or one or more of the attorney 1,659
general's assistants or special counsel designated by the 1,661
attorney general shall represent the administrator and the 1,662
commission. In the event the attorney general or the attorney 1,663
general's designated assistants or special counsel are absent, 1,665
the administrator or the commission shall select one or more of 1,666
the attorneys in the employ of the administrator or the
commission as the administrator's attorney or the commission's 1,668
attorney in the appeal. Any attorney so employed shall continue 1,669
the representation during the entire period of the appeal and in 1,670
all hearings thereof except where the continued representation 1,671
becomes impractical.
(D) Upon receipt of notice of appeal the clerk of courts 1,673
shall provide notice to all parties who are appellees and to the 1,674
commission. 1,675
The claimant shall, within thirty days after the filing of 1,677
40
the notice of appeal, file a petition containing a statement of 1,678
facts in ordinary and concise language showing a cause of action 1,679
to participate or to continue to participate in the fund and 1,680
setting forth the basis for the jurisdiction of the court over 1,681
the action. Further pleadings shall be had in accordance with 1,682
the Rules of Civil Procedure, provided that service of summons on 1,683
such petition shall not be required. The clerk of the court 1,684
shall, upon receipt thereof, transmit by certified mail a copy 1,685
thereof to each party named in the notice of appeal other than 1,686
the claimant. Any party may file with the clerk prior to the 1,687
trial of the action a deposition of any physician taken in 1,688
accordance with the provisions of the Revised Code, which 1,689
deposition may be read in the trial of the action even though the 1,690
physician is a resident of or subject to service in the county in 1,691
which the trial is had. The bureau of workers' compensation 1,692
shall pay the cost of the stenographic deposition filed in court 1,693
and of copies of the stenographic deposition for each party from 1,695
the surplus fund and charge the costs thereof against the 1,697
unsuccessful party if the claimant's right to participate or 1,698
continue to participate is finally sustained or established in 1,699
the appeal. In the event the deposition is taken and filed, the 1,700
physician whose deposition is taken is not required to respond to 1,701
any subpoena issued in the trial of the action. The court, or 1,702
the jury under the instructions of the court, if a jury is 1,703
demanded, shall determine the right of the claimant to 1,704
participate or to continue to participate in the fund upon the 1,705
evidence adduced at the hearing of the action. 1,706
(E) The court shall certify its decision to the commission 1,708
and the certificate shall be entered in the records of the court. 1,709
Appeals from the judgment are governed by the law applicable to 1,710
the appeal of civil actions. 1,711
(F) The cost of any legal proceedings authorized by this 1,713
section, including an attorney's fee to the claimant's attorney 1,714
to be fixed by the trial judge, based upon the effort expended, 1,715
41
in the event the claimant's right to participate or to continue 1,716
to participate in the fund is established upon the final 1,717
determination of an appeal, shall be taxed against the employer 1,718
or the commission if the commission or the administrator rather 1,719
than the employer contested the right of the claimant to 1,720
participate in the fund. The attorney's fee shall not exceed 1,721
twenty-five hundred dollars. 1,722
(G) If the finding of the court or the verdict of the jury 1,724
is in favor of the claimant's right to participate in the fund, 1,725
the commission and the administrator shall thereafter proceed in 1,726
the matter of the claim as if the judgment were the decision of 1,727
the commission, subject to the power of modification provided by 1,728
section 4123.52 of the Revised Code. 1,729
(H) An appeal from an order issued under division (E) of 1,731
section 4123.511 of the Revised Code or any action filed in court 1,732
in a case in which an award of compensation has been made shall 1,733
not stay the payment of compensation under the award or payment 1,734
of compensation for subsequent periods of total disability during 1,735
the pendency of the appeal. If, in a final administrative or 1,736
judicial action, it is determined that payments of compensation 1,737
or benefits, or both, made to or on behalf of a claimant should 1,738
not have been made, the amount thereof shall be charged to the 1,739
surplus fund under division (B) of section 4123.34 of the Revised 1,740
Code. In the event the employer is a state risk, the amount 1,741
shall not be charged to the employer's experience. In the event 1,742
the employer is a self-insuring employer, the self-insuring 1,743
employer shall deduct the amount from the paid compensation the 1,744
self-insuring employer reports to the administrator under 1,746
division (L) of section 4123.35 of the Revised Code. All actions 1,747
and proceedings under this section which are the subject of an 1,748
appeal to the court of common pleas or the court of appeals shall 1,749
be preferred over all other civil actions except election causes, 1,750
irrespective of position on the calendar. 1,751
This section applies to all decisions of the commission or 1,753
42
the administrator on November 2, 1959, and all claims filed 1,754
thereafter are governed by sections 4123.511 and 4123.512 of the 1,755
Revised Code. 1,756
Any action pending in common pleas court or any other court 1,758
on January 1, 1986, under this section is governed by former 1,759
sections 4123.514, 4123.515, 4123.516, and 4123.519 and section 1,760
4123.522 of the Revised Code. 1,761
Sec. 4123.591. THE ADMINISTRATOR OF WORKERS' COMPENSATION 1,763
MAY FURNISH QUARTERLY, TO THE TAX COMMISSIONER, IN A FORMAT 1,764
APPROVED BY THE TAX COMMISSIONER, A LIST CONTAINING THE NAME AND 1,765
SOCIAL SECURITY NUMBER OF ANY PERSON RECEIVING SPOUSAL DEATH 1,767
BENEFITS. UPON RECEIPT OF THIS LIST, THE COMMISSIONER SHALL
RETURN TO THE ADMINISTRATOR, IN A FORMAT DESIGNED BY THE 1,769
COMMISSIONER, INFORMATION IDENTIFYING ANY PERSON LISTED BY THE 1,770
ADMINISTRATOR WHO, AS REPORTED ON THE MOST RECENT RETURN FILED BY 1,772
THE PERSON UNDER SECTION 5747.08 OF THE REVISED CODE, FILED UNDER
THE STATUS "MARRIED FILING JOINT RETURN," OR "MARRIED FILING 1,773
SEPARATELY."
Sec. 4123.76. When an application for compensation or 1,782
benefits or an application for further compensation or benefits 1,783
is filed with the industrial commission or the bureau of workers' 1,784
compensation under section 4123.75 of the Revised Code against an 1,785
employer who has not complied with section 4123.35 of the Revised 1,786
Code, the bureau shall make and file for record in the office of 1,787
the county recorder in the counties where the employer's property 1,788
is located, an affidavit showing the date on which the 1,789
application was filed with the commission or the bureau, the name 1,790
and address of the employer against whom it was filed, and the 1,791
fact that the employer had not complied with section 4123.35 of 1,792
the Revised Code. The recorder shall accept and file the 1,793
affidavit and record the same as a mortgage on real estate and 1,794
shall file the same as a chattel mortgage and he THE RECORDER 1,795
shall index the same as a mortgage on real estate and as a 1,796
chattel mortgage. A copy of the application OR OTHER BUREAU 1,797
43
RECORD DOCUMENTING THE CLAIM shall be filed with the affidavit. 1,798
A copy of the affidavit shall be served upon the employer by the 1,799
bureau. The affidavit constitutes a valid lien from the time of 1,800
filing, in favor of the bureau, upon the real property and 1,801
tangible personal property of the employer located within the 1,802
county. The administrator of workers' compensation shall have 1,803
the lien canceled of record after the employer has paid to the 1,804
claimant or to the bureau the amount of the compensation or 1,805
benefits which has been ordered paid to the claimant, or when the 1,806
application has finally been denied after the claimant has 1,807
exhausted the remedies provided by law in such cases, or when the 1,808
employer has filed a bond in the amount and with surety as the 1,809
administrator approves conditioned on the payment of all sums 1,810
ordered paid to the claimant. The recorder shall make no charge 1,811
for the services provided by this section to be performed by him 1,812
THE RECORDER. 1,813
Sec. 4123.83. Each employer paying premiums into the state 1,822
insurance fund or electing directly to pay compensation to his 1,823
THE EMPLOYER'S injured employees or the dependents of his THE 1,824
EMPLOYER'S killed employees as provided in section 4123.35 of the 1,826
Revised Code, shall post conspicuously in his THE EMPLOYER'S 1,827
place or places of employment notices, which shall be furnished 1,829
in adequate number by the bureau of workers' compensation at the 1,830
time of the payment of the premium, stating the fact that he THE 1,831
EMPLOYER has made the payment, the date thereof, and period for 1,833
which the payment is made, or that he THE EMPLOYER has complied 1,834
with section 4123.35 of the Revised Code, and has been authorized
by the administrator of workers' compensation directly to 1,835
compensate employees or dependents, and the date of the 1,836
authorization. The notice, when posted, constitutes sufficient 1,837
notice to his THE EMPLOYER'S employees of the fact that he THE 1,839
EMPLOYER has made payment or that he THE EMPLOYER has complied 1,840
with the elective provisions of section 4123.35 of the Revised 1,841
Code. The bureau shall prepare, semiannually, a list of all
44
employers who have complied with this chapter, classified by 1,843
counties, and shall send to the newspapers published in the 1,844
county seat of each county a list of the employers in the county, 1,845
with a request for its gratuitous publication as a matter of news 1,846
and protection to the working men and women. 1,847
Sec. 5703.21. (A) Except as provided in divisions (B), 1,856
(C), (D), and (E), AND (F) of this section, no agent of the 1,859
department of taxation, except in the agent's report to the 1,860
department or when called on to testify in any court or 1,861
proceeding, shall divulge any information acquired by the agent 1,862
as to the transactions, property, or business of any person while 1,863
acting or claiming to act under orders of the department. 1,864
Whoever violates this provision shall thereafter be disqualified 1,865
from acting as an officer or employee or in any other capacity 1,866
under appointment or employment of the department.
(B)(1) For purposes of an audit pursuant to section 117.15 1,868
of the Revised Code, or an audit of the department pursuant to 1,869
Chapter 117. of the Revised Code, or an audit, pursuant to such 1,870
chapter, the objective of which is to express an opinion on a 1,871
financial report or statement prepared or issued pursuant to 1,872
division (G) or (I) of section 126.21 of the Revised Code, the 1,873
officers and employees of the auditor of state charged with 1,874
conducting the audit shall have access to and the right to 1,875
examine any state tax returns and state tax return information in 1,876
the possession of the department to the extent that such access 1,877
and examination are necessary for purposes of the audit. Any 1,878
information acquired as the result of such access and examination 1,879
shall not be divulged for any purpose other than as required for 1,880
such audit or unless the officers and employees are required to 1,881
testify in a court or proceeding under compulsion of legal 1,882
process. Whoever violates this provision shall thereafter be 1,883
disqualified from acting as an officer or employee or in any 1,884
other capacity under appointment or employment of the auditor of 1,885
state. 1,886
45
(2) As provided by section 6103(d)(2) of the Internal 1,888
Revenue Code, any federal tax returns or federal tax information 1,889
which the department has acquired from the internal revenue 1,890
service, through federal and state statutory authority, may be 1,891
disclosed to the auditor of state solely for purposes of an audit 1,892
of the department. 1,893
(C) Division (A) of this section does not prohibit 1,895
divulging information contained in applications, complaints, and 1,896
related documents filed with the department under section 5715.27 1,897
of the Revised Code, or in applications filed with the department 1,898
under section 5715.39 of the Revised Code. 1,899
(D) Division (A) of this section does not prohibit the 1,901
department of taxation providing information to the division of 1,902
child support within the department of human services, or a child 1,903
support enforcement agency, pursuant to division (G)(2) of 1,904
section 5101.31 of the Revised Code.
(E) Division (A) of this section does not prohibit the 1,907
disclosure to the board of motor vehicle collision repair 1,908
registration of any information in the possession of the 1,909
department that is necessary for the board to verify the 1,911
existence of an applicant's valid vendor's license and current 1,912
state tax identification number under section 4775.07 of the
Revised Code. 1,913
(F) DIVISION (A) OF THIS SECTION DOES NOT PROHIBIT THE 1,915
DEPARTMENT FROM PROVIDING INFORMATION TO THE ADMINISTRATOR OF 1,916
WORKERS' COMPENSATION PURSUANT TO SECTION 4123.591 OF THE REVISED 1,917
CODE.
Sec. 5747.18. The tax commissioner shall enforce and 1,926
administer this chapter. In addition to any other powers 1,927
conferred upon the commissioner by law, the commissioner may: 1,928
(A) Prescribe all forms required to be filed pursuant to 1,930
this chapter; 1,931
(B) Adopt such rules as the commissioner finds necessary 1,933
to carry out this chapter; 1,934
46
(C) Appoint and employ such personnel as are necessary to 1,936
carry out the duties imposed upon the commissioner by this 1,937
chapter.
Any information gained as the result of returns, 1,939
investigations, hearings, or verifications required or authorized 1,940
by this chapter is confidential, and no person shall disclose 1,941
such information, except for official purposes, or as provided by 1,942
section 4123.591, 4507.023 or 5101.182, division (G)(2) of 1,943
section 5101.31 or division (B) of section 5703.21 of the Revised 1,945
Code, or in accordance with a proper judicial order. The tax 1,946
commissioner may furnish the internal revenue service with copies 1,947
of returns or reports filed and may furnish the officer of a 1,948
municipal corporation charged with the duty of enforcing a tax 1,949
subject to Chapter 718. of the Revised Code with the names, 1,950
addresses, and identification numbers of taxpayers who may be 1,951
subject to such tax. A municipal corporation shall use this 1,952
information for tax collection purposes only. This section does 1,953
not prohibit the publication of statistics in a form which does 1,954
not disclose information with respect to individual taxpayers. 1,955
Section 2. That existing sections 121.03, 3304.23, 1,957
3304.231, 4121.12, 4121.121, 4121.37, 4121.44, 4121.63, 4123.343, 1,960
4123.511, 4123.512, 4123.76, 4123.83, 5703.21, and 5747.18 of the
Revised Code are hereby repealed. 1,961
Section 3. The Administrator of Workers' Compensation 1,963
shall submit a series of reports to the Workers' Compensation 1,964
Oversight Commission, the Office of Budget and Management, the 1,965
Legislative Budget Office of the Legislative Service Commission, 1,966
and the General Assembly semiannually during the 1999-2001 1,968
biennium, beginning on or before October 1, 1999, containing
information relative to all of the following: 1,970
(A) The premium cost per worker, which reports the average 1,972
annual cost a state fund employer pays to provide workers' 1,973
compensation coverage for its employees. The premium cost per 1,974
worker is calculated by adding together an employer's total 1,975
47
amounts of premiums and assessments paid during a calendar year 1,976
and dividing that sum by the employer's average number of 1,977
workers. 1,978
(B) The claims cost per worker, which reports the average 1,980
annual benefit cost paid for each worker who is employed by a 1,981
state fund employer during the preceding twelve months. The 1,982
claims cost per worker is calculated by dividing an employer's 1,983
total claim expenses paid during the preceding twelve months by 1,984
the employer's average number of workers. 1,985
(C) The administrative cost per claim, which reports the 1,987
average annual administrative expense a state fund employer pays 1,988
to process a claim. The administrative cost per claim is 1,989
calculated by dividing an employer's total amount of 1,990
administrative expenses incurred during the preceding twelve 1,991
months by the total number of claims the employer processed. 1,992
(D) The direct loss ratio, which measures the relationship 1,994
between an employer's revenues and workers' compensation benefits 1,996
paid to an injured worker during the preceding twelve months; 1,997
(E) The rate of return generated by investments of the 1,999
Bureau of Workers' Compensation; 2,000
(F) The customer service index, which accounts for various 2,002
statistical measures reflecting the Bureau's customer service 2,003
levels; 2,004
(G) The Health Partnership Program performance index, 2,006
which measures the effectiveness of managed care organizations 2,007
working for the bureau and reflects the quality of care, customer 2,008
satisfaction, and cost of care provided by the managed care 2,009
organizations; 2,010
(H) The rate of injury in the state per 1,000 workers; 2,012
(I) The average and median number of days the bureau takes 2,014
to adjudicate an injured worker's medical bill fee; 2,015
(J) The return-to-work rate of state fund employers' 2,017
injured workers who do not receive workers' compensation benefits 2,018
for at least ninety days following their injury, which reports 2,019
48
the number of injured workers who returned to work as a 2,020
percentage of total injuries; 2,021
(K) The average number of days it takes for an employer or 2,023
injured worker to report an injury to the bureau, which is 2,024
calculated by taking the average number of days between the date 2,025
of injury and the date the claim was filed with the bureau; 2,026
(L) The percentage of indemnity claims adjudicated by the 2,028
bureau within fourteen days of the injury. 2,029
Section 4. All items in this section are hereby 2,031
appropriated out of any moneys in the state treasury to the 2,032
credit of the designated fund. For all appropriations made in 2,033
this act, those in the first column are for fiscal year 2000, and 2,034
those in the second column are for fiscal year 2001.
BWC BUREAU OF WORKERS' COMPENSATION 2,035
FND ALI ALI TITLE FY 2000 FY 2001 2,038
Workers' Compensation Fund Group 2,040
4Y6 855-611 J.L. Camera Center 2,043
Rent $ 1,574,038 $ 1,658,233 2,045
4Y6 855-612 J.L. Camera Center 2,047
Operating $ 10,252,544 $ 10,277,047 2,049
023 855-401 William Green Lease 2,051
Payments to OBA $ 16,208,613 $ 16,914,613 2,053
023 855-407 Claims, Risk & 2,055
Medical Management $ 125,639,667 $ 123,976,161 2,057
023 855-408 Fraud Prevention $ 10,570,473 $ 9,733,674 2,061
023 855-409 Administrative 2,063
Services $ 111,478,353 $ 109,171,402 2,065
023 855-410 Attorney General 2,067
Payments $ 3,488,029 $ 3,575,068 2,069
825 855-605 Disabled Workers 2,071
Relief Fund $ 669,354 $ 689,059 2,073
822 855-606 Coal Workers' Fund $ 77,056 $ 78,597 2,077
823 855-608 Marine Industry $ 46,266 $ 47,654 2,081
49
826 855-609 Safety & Hygiene 2,083
Operating $ 18,358,104 $ 18,491,102 2,085
TOTAL WCF Workers' Compensation 2,086
Fund Group $ 298,362,497 $ 294,612,610 2,089
TOTAL ALL BUDGET FUND GROUPS $ 298,362,497 $ 294,612,610 2,092
Safety and Hygiene 2,095
Notwithstanding section 4121.37 of the Revised Code, the 2,097
Administrator of the Bureau of Workers' Compensation shall 2,098
transfer moneys from the State Insurance Fund so that 2,099
appropriation item 855-609, Safety and Hygiene Operating, is
provided $18,358,104 in fiscal year 2000 and $18,491,102 in 2,101
fiscal year 2001.
Workers' Compensation Fraud Unit 2,103
The Workers' Compensation Section Fund (Fund 195) shall 2,105
receive payments from the Bureau of Workers' Compensation at the 2,106
beginning of each quarter of each fiscal year to fund expenses of 2,107
the Workers' Compensation Fraud Unit of the Attorney General's 2,108
Office. Of the foregoing appropriation item 855-410, Attorney 2,109
General Payments, $694,930 in fiscal year 2000 and $714,388 in
fiscal year 2001 shall be used to provide such payments. 2,110
William Green Lease Payments 2,112
The foregoing appropriation item 855-401, William Green 2,114
Lease Payments to OBA, shall be used for lease payments to the 2,115
Ohio Building Authority, and these appropriations shall be used 2,116
to meet all payments at the times they are required to be made 2,117
during the period from July 1, 1999, to June 30, 2001, by the 2,118
Bureau of Workers' Compensation to the Ohio Building Authority
pursuant to leases and agreements made under Chapter 152. of the 2,119
Revised Code and Section 6 of Am. Sub. H.B. 743 of the 118th 2,120
General Assembly. Of the amounts received in Fund 023, 2,121
appropriation item 855-401, up to $33,123,226 shall be restricted 2,122
for lease rental payments to the Ohio Building Authority. If it
is determined that additional appropriations are necessary for 2,123
such purpose, such amounts are hereby appropriated. 2,124
50
Notwithstanding any other provision of law to the contrary, 2,126
all tenants of the William Green Building not funded by the 2,127
Workers' Compensation Fund (Fund 023) shall pay their fair share 2,128
of the costs of lease payments to the Workers' Compensation Fund 2,129
(Fund 023) by intrastate transfer voucher.
Camera Center 2,131
The Camera Center Fund (Fund 4Y6) created in division (F) 2,133
of section 4121.62 of the Revised Code shall receive revenues 2,135
raised by the fees Camera Center charges for its services and 2,136
rent paid by tenants of the Center's facilities. The foregoing 2,137
appropriation item 855-611, J.L. Camera Center Rent, shall be
used to pay rent, including building operating expenses, of the 2,138
J. Leonard Camera Rehabilitation Center in Columbus. The 2,139
foregoing appropriation item 855-612, J.L. Camera Center 2,140
Operating, shall be used for all other expenses for the Center. 2,141
The Bureau of Workers' Compensation shall not consider 2,143
appropriations made to the Camera Center Fund (Fund 4Y6) when 2,144
establishing administrative cost rates.
Balances 2,146
Notwithstanding any provision of law to the contrary, the 2,148
Director of Budget and Management shall make any transfers of 2,149
cash balances between funds made necessary by the creation of new 2,150
funds, or the consolidation of funds as authorized by the General 2,151
Assembly. Within the first five days after the effective date of 2,152
this section, the administering agency head shall certify to the 2,153
director an estimate of the amount of the cash balance to be
transferred to the receiving fund. The director may transfer the 2,154
estimated amount when needed to make payments. Within thirty 2,155
days after the effective date of this section, the administering 2,156
agency head shall certify the final amount to the director. The 2,157
director shall transfer the difference between any estimated
amount previously transferred and such certified final amount. 2,158
To implement such funding changes as described above 2,160
pertaining to prior year encumbrance balances and commensurate 2,161
51
appropriation authority, in fiscal year 2000 the Director of 2,162
Budget and Management may cancel encumbrances outstanding on June 2,163
30, 1999, and reestablish such prior year encumbrances or parts 2,164
of encumbrances as needed in fiscal year 2000 in the appropriate
fund or appropriation item as authorized in this act for the same 2,165
purpose and to the same vendor. As determined by the director, 2,166
the appropriation authority necessary to reestablish such prior 2,167
year encumbrances in fiscal year 2000 in a different fund or 2,168
appropriation item within an agency or between agencies is hereby 2,169
authorized. The director shall reduce each prior year's
appropriation authority by the amount of the encumbrances 2,170
canceled in their respective funds and appropriation items. 2,171
Vocational Rehabilitation 2,173
The Bureau of Workers' Compensation and the Rehabilitation 2,175
Services Commission shall enter into an interagency agreement for 2,176
the provision of vocational rehabilitation services and staff to 2,177
mutually eligible clients. The Bureau shall provide $523,245 in 2,178
fiscal year 2000 and $537,896 in fiscal year 2001 from the State 2,179
Insurance Fund to fund vocational rehabilitation services and 2,180
staff in accordance with the interagency agreement. 2,181
Fund Balance 2,183
Any unencumbered cash balance in excess of $45,000,000 in 2,185
the Workers' Compensation Fund (Fund 023) on the thirtieth day of 2,186
June of each fiscal year shall be used to reduce the 2,187
administrative cost rate charged to employers to cover 2,188
appropriations for Bureau of Workers' Compensation and Industrial 2,189
Commission operations. 2,190
Section 5. Accounting 2,192
Within the limits set forth in this act, the Director of 2,195
Budget and Management shall establish accounts indicating the 2,196
source and amount of funds for each appropriation made in this
act, and shall determine the form and manner in which 2,197
appropriation accounts shall be maintained. 2,198
The appropriations made in this act are subject to all 2,200
52
provisions of the main operating appropriations act of the 123rd 2,201
General Assembly that are generally applicable to such 2,202
appropriations.
Section 6. Reissuance of Voided Warrants 2,204
In order to provide funds for the reissuance of voided 2,206
warrants pursuant to section 117.47 of the Revised Code, there is 2,207
hereby appropriated, out of moneys in the state treasury from the 2,208
fund credited as provided in section 117.47 of the Revised Code, 2,209
that amount sufficient to pay such warrants when approved by the 2,210
Office of Budget and Management. 2,211
Section 7. Judgments Against State 2,213
Any appropriations contained in this act, except those to 2,215
be applied to or used for payment of guarantees by or on behalf 2,216
of the state or for debt service on bonds, notes, or certificates 2,217
of participation, may be used for the purpose of satisfying 2,218
judgments, settlements, or administrative awards ordered or 2,219
approved by the Court of Claims or any other court of competent 2,220
jurisdiction in connection with civil actions against the state. 2,222
Section 8. Reappropriation of Unexpended Balances 2,224
Notwithstanding section 131.33 of the Revised Code, 2,226
unexpended balances of appropriations and reappropriations 2,227
against which encumbrances have been lawfully incurred by the 2,228
Bureau of Workers' Compensation are, at the close of fiscal years 2,229
1999 and 2000, to the extent of such encumbrances, hereby 2,230
reappropriated from the funds from which they were originally 2,231
appropriated and reappropriated and, except for encumbrances for 2,232
items of special order manufacture not available on term contract 2,233
or open market, made available for the purpose of discharging 2,234
such encumbrances for a period of five months from the end of the 2,235
fiscal year. Unexpended balances of appropriations and 2,236
reappropriations against which encumbrances for items of special 2,237
order manufacture not available on term contract or in the open 2,238
market have been lawfully incurred are, at the close of the 2,239
fiscal year, to the extent of such encumbrances, hereby 2,240
53
reappropriated and made available for the purpose of discharging 2,241
such encumbrances for a period of five months from the end of the 2,242
fiscal year or, if the Director of Budget and Management 2,243
approves, for a period of not more than twelve months from the 2,244
end of the fiscal year.
Any items for which unexpended balances are reappropriated 2,246
beyond a five-month period from the end of the fiscal year shall 2,247
be reported to the Controlling Board by the Director of Budget 2,248
and Management. The report on each such item shall include the 2,249
item, the cost of the item, the vendor involved, and the delivery 2,250
date. Such reports to the board shall be updated on a quarterly 2,251
basis while the encumbrance remains open. 2,252
After any such period, reappropriations made for the 2,254
purpose of discharging encumbrances for operating expenses, 2,255
defined as those encumbrances incurred for personal services, 2,256
maintenance, and equipment, are canceled. Reappropriations for 2,257
encumbrances other than operating expenses or items of special 2,258
manufacture not available on term contract or in the open market 2,259
may be extended by obtaining the approval of the Director of 2,260
Budget and Management.
Section 9. Independent and Severable Items 2,262
If any item of law that constitutes the whole or part of a 2,265
codified or uncodified section of law contained in this act, or 2,266
if any application of any item of law that constitutes the whole 2,267
or part of a codified or uncodified section of law contained in 2,268
this act, is held invalid, the invalidity does not affect other 2,269
items of law or applications of items of law that can be given 2,270
effect without the invalid item of law or application. To this 2,271
end, the items of law of which the codified and uncodified 2,272
sections contained in this act are composed, and their 2,273
applications, are independent and severable.
Section 10. Effective Dates-Codified Sections 2,275
The sections of the Revised Code contained in this act, and 2,277
the items of law of which such sections of the Revised Code are 2,278
54
composed, are subject to the referendum. Therefore, under Ohio 2,279
Constitution, Article II, Section 1c and section 1.471 of the 2,280
Revised Code, the sections of the Revised Code contained in this 2,281
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 2,282
act is filed with the Secretary of State. If, however, a 2,283
referendum petition is filed against any section of the Revised 2,284
Code contained in this act, or against any item of law of which 2,285
such a section of the Revised Code is composed, the section or 2,286
item of law, unless rejected at the referendum, takes effect at
the earliest time permitted by law. 2,287
Section 11. Effective Dates-Uncodified Sections 2,289
The uncodified sections of law contained in this act, and 2,292
the items of law of which the uncodified sections of law 2,293
contained in this act are composed, are not subject to the 2,294
referendum. Therefore, under Ohio Constitution, Article II, 2,295
Section 1d and section 1.471 of the Revised Code, the uncodified 2,296
sections of law contained in this act, and the items of law of 2,297
which the uncodified sections of law contained in this act are 2,299
composed go into immediate effect when this act becomes law.
Section 12. Section 121.03 of the Revised Code is 2,301
presented in this act as a composite of the section as amended by 2,302
both Am. Sub. H.B. 7 and Am. Sub. S.B. 162 of the 121st General 2,303
Assembly, with the new language of neither of the acts shown in 2,305
capital letters. This is in recognition of the principle stated 2,306
in division (B) of section 1.52 of the Revised Code that such 2,307
amendments are to be harmonized where not substantively 2,308
irreconcilable and constitutes a legislative finding that such is 2,309
the resulting version in effect prior to the effective date of 2,310
this act.
Section 13. Section 4123.511 of the Revised Code is 2,312
presented in this act as a composite of the section as amended by 2,313
both Am. Sub. H.B. 362 and Am. Sub. H.B. 363 of the 122nd General 2,314
Assembly, with the new language of neither of the acts shown in 2,316
55
capital letters. This is in recognition of the principle stated 2,317
in division (B) of section 1.52 of the Revised Code that such 2,318
amendments are to be harmonized where not substantively 2,319
irreconcilable and constitutes a legislative finding that such is 2,320
the resulting version in effect prior to the effective date of 2,321
this act.