As Re-referred to the Senate Insurance, Commerce 1
and Labor Committee 2
123rd General Assembly 5
Regular Session Am. Sub. H. B. No. 180 6
1999-2000 7
REPRESENTATIVES CORBIN-THOMAS-VESPER-CATES-HOOPS-BUEHRER- 9
CORE-HARRIS-BRITTON-BARRETT-PATTON-OPFER-JONES 10
_________________________________________________________________
A B I L L
To amend sections 121.03, 3304.23, 3304.231, 12
4121.12, 4121.121, 4121.37, 4121.44, 4121.63, 13
4123.343, 4123.511, 4123.512, 4123.76, 4123.83, 14
5703.21, and 5747.18 and to enact section 15
4123.591 of the Revised Code to make
appropriations for the Bureau of Workers' 16
Compensation for the biennium beginning July 1,
1999, and ending June 30, 2001, to provide 17
authorization and conditions for the operation of 18
Bureau of Workers' Compensation programs, to
rename the Head Injury Program the Brain Injury 19
Program, and to designate the Administrator of
Workers' Compensation as a member of the Brain 20
Injury Advisory Committee in place of the 21
Industrial Commission Chairperson.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That sections 121.03, 3304.23, 3304.231, 25
4121.12, 4121.121, 4121.37, 4121.44, 4121.63, 4123.343, 4123.511, 27
4123.512, 4123.76, 4123.83, 5703.21, and 5747.18 be amended and 28
section 4123.591 of the Revised Code be enacted to read as
follows: 29
Sec. 121.03. The following administrative department heads 38
shall be appointed by the governor, with the advice and consent 39
of the senate, and shall hold their offices during the term of 40
2
the appointing governor, except as provided in division (W) of 42
this section, and are subject to removal at the pleasure of the 43
governor.
(A) The director of budget and management; 45
(B) The director of commerce; 47
(C) The director of transportation; 49
(D) The director of agriculture; 51
(E) The director of human services; 54
(F) Until July 1, 1997, the director of liquor control; 56
(G) The director of public safety; 58
(H) The superintendent of insurance; 60
(I) The director of development; 62
(J) The tax commissioner; 64
(K) The director of administrative services; 66
(L) The administrator of the bureau of employment 68
services; 69
(M) The director of natural resources; 71
(N) The director of mental health; 73
(O) The director of mental retardation and developmental 75
disabilities; 76
(P) The director of health; 78
(Q) The director of youth services; 80
(R) The director of rehabilitation and correction; 82
(S) The director of environmental protection; 84
(T) The director of aging; 86
(U) The director of alcohol and drug addiction services; 88
(W)(V) The administrator of workers' compensation who 90
meets the qualifications required under division (A) of section 91
4121.121 of the Revised Code, who shall serve as administrator, 92
subject to removal at the pleasure of the governor, until the 93
date the workers' compensation oversight commission appoints the 95
administrator as provided in division (F)(10) of section 4121.12 97
of the Revised Code.
Sec. 3304.23. (A) There is hereby created in the 106
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rehabilitation services commission a head BRAIN injury program 107
consisting of a program director and at least one support staff 108
person. 109
(B) To the extent that funds are available, the head BRAIN 111
injury program may do the following: 112
(1) Identify existing services in this state to assist 114
survivors and families of survivors of head BRAIN injury; 115
(2) Promote the coordination of services for survivors and 117
families of survivors of head BRAIN injury; 118
(3) Explore options for delivery of services to survivors 120
and families of survivors of head BRAIN injury; 121
(4) Explore the establishment of a traumatic brain injury 123
incidence reporting system to collect information on the 124
incidence and character of traumatic brain injury in this state; 125
(5) Promote practices that will reduce the incidence of 127
head BRAIN injury; 128
(6) Develop training programs on dealing with head BRAIN 130
injury and the special needs of survivors of head BRAIN injury; 131
(7) Identify sources of available funds for services for 133
survivors and families of survivors of head BRAIN injury; 134
(8) Explore options for the delivery of case management 136
services to residents of this state who are survivors of head 137
BRAIN injury; 138
(9) Provide assistance to assure that services for 140
survivors and families of survivors of head BRAIN injury are all 141
of the following: 142
(a) Designed to enhance the survivor's ability to lead an 144
independent and productive life; 145
(b) Available within close proximity of the survivor's 147
home; 148
(c) Provided in the least restrictive environment; 150
(d) Appropriate to the unique needs of the survivor. 152
(C) The staff of the head BRAIN injury program shall 154
prepare a biennial report on the incidence of head BRAIN injury 155
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in this state that shall be submitted to the administrator of the 157
rehabilitation services commission on or before December 15, 158
1992, and every two years thereafter. A copy of the report shall 159
be submitted to the head BRAIN injury advisory committee created 160
under section 3304.231 of the Revised Code. 161
Sec. 3304.231. There is hereby created a head BRAIN injury 170
advisory committee, which shall advise the administrator of the 172
rehabilitation services commission and the head BRAIN injury 173
program with regard to unmet needs of survivors of head BRAIN 175
injury, development of programs for survivors and their families, 176
establishment of training programs for health care professionals, 177
and any other matter within the province of the head BRAIN injury 179
program. The committee shall consist of not less than eighteen 181
and not more than twenty-one members as follows: 182
(A) Not less than ten and not more than twelve members 184
appointed by the administrator of the rehabilitation services 185
commission, including all of the following: a survivor of head 186
BRAIN injury, a relative of a survivor of head BRAIN injury, a 188
licensed physician recommended by the Ohio chapter of the 190
American college of emergency physicians, a licensed physician 191
recommended by the Ohio state medical association, one other 192
health care professional, a rehabilitation professional, an 193
individual who represents the national head BRAIN injury 194
foundation/Ohio, inc. ASSOCIATION OF OHIO, and not less than 196
three nor more than five individuals who shall represent the 197
public;
(B) The directors of the departments of health, alcohol 199
and drug addiction services, mental retardation and developmental 200
disabilities, mental health, human services, and highway safety; 201
the chairperson of the industrial commission ADMINISTRATOR OF 202
WORKERS' COMPENSATION; the superintendent of public instruction; 205
and the administrator of the rehabilitation services commission. 206
Any of the officials specified in this division may designate an 207
individual to serve in the official's place as a member of the 209
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committee.
The director of health shall make initial appointments to 211
the committee by November 1, 1990. Appointments made after July 213
26, 1991, shall be made by the administrator of the 215
rehabilitation services commission. Terms of office shall be two 216
years. Members may be reappointed. Vacancies shall be filled in 217
the manner provided for original appointments. Any member 218
appointed to fill a vacancy occurring prior to the expiration 219
date of the term for which the member's predecessor was appointed 220
shall hold office as a member for the remainder of that term. 221
Members of the committee shall serve without compensation, 224
but shall be reimbursed for actual and necessary expenses
incurred in the performance of their duties. 225
Sec. 4121.12. (A) There is hereby created the workers' 234
compensation oversight commission consisting of nine members, of 235
which members the governor shall appoint five with the advice and 236
consent of the senate. Of the five members the governor 237
appoints, two shall be individuals who, on account of their 239
previous vocation, employment, or affiliations, can be classed as 240
representative of employees, at least one of whom is
representative of employees who are members of an employee 241
organization; two shall be individuals who, on account of their 242
previous vocation, employment, or affiliations, can be classed as 243
representative of employers, one of whom represents self-insuring 244
employers and one of whom has experience as an employer in 245
compliance with section 4123.35 of the Revised Code other than a 246
self-insuring employer, and one of those two representatives also
shall represent employers whose employees are not members of an 247
employee organization; and one shall represent the public and 248
also be an individual who, on account of the individual's 249
previous vocation, employment, or affiliations, cannot be classed 250
as either predominantly representative of employees or of 251
employers. The governor shall select the chairperson of the 252
commission who shall serve as chairperson at the pleasure of the 253
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governor. No more than three members appointed by the governor 255
shall belong to or be affiliated with the same political party. 256
Each of these five members shall have at least three years' 258
experience in the field of insurance, finance, workers' 259
compensation, law, accounting, actuarial, personnel, investments, 260
or data processing, or in the management of an organization whose 261
size is commensurate with that of the bureau of workers' 262
compensation. At least one of these five members shall be an 263
attorney licensed under Chapter 4705. of the Revised Code to 264
practice law in this state. 265
(B) Of the initial appointments made to the commission, 268
the governor shall appoint one member who represents employees to 269
a term ending one year after September 1, 1995, one member who 270
represents employers to a term ending two years after September 272
1, 1995, the member who represents the public to a term ending 274
three years after September 1, 1995, one member who represents
employees to a term ending four years after September 1, 1995, 276
and one member who represents employers to a term ending five 277
years after September 1, 1995. Thereafter, terms of office shall
be for five years, with each term ending on the same day of the 278
same month as did the term that it succeeds. Each member shall 279
hold office from the date of the member's appointment until the 280
end of the term for which the member was appointed. 282
The governor shall not appoint any person to more than two 284
full terms of office on the commission. This restriction does 285
not prevent the governor from appointing a person to fill a 286
vacancy caused by the death, resignation, or removal of a 287
commission member and also appointing that person twice to full 288
terms on the commission, or from appointing a person previously 289
appointed to fill less than a full term twice to full terms on 290
the commission. Any member appointed to fill a vacancy occurring 291
prior to the expiration date of the term for which the member's 293
predecessor was appointed shall hold office as a member for the
remainder of that term. A member shall continue in office 294
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subsequent to the expiration date of the member's term until a 295
successor takes office or until a period of sixty days has 296
elapsed, whichever occurs first. 297
(C) In making appointments to the commission, the governor 299
shall select the members from the list of names submitted by the 301
workers' compensation oversight commission nominating committee 302
pursuant to this division. Within fourteen days after the 303
governor calls the initial meeting of the nominating committee
pursuant to division (C) of section 4121.123 of the Revised Code, 304
the nominating committee shall submit to the governor, for the 305
initial appointments, a list containing four separate names for 306
each of the members on the commission. Within fourteen days 308
after the submission of the list, the governor shall appoint 309
individuals from the list.
For the appointment of the member who is representative of 311
employees who are members of an employee organization, both for 312
initial appointments and for the filling of vacancies, the list 313
of four names submitted by the nominating committee shall be 314
comprised of four individuals who are members of the executive 315
committee of the largest statewide labor federation.
Thereafter, within sixty days after a vacancy occurring as 318
a result of the expiration of a term and within thirty days after 319
other vacancies occurring on the commission, the nominating
committee shall submit a list containing four names for each 320
vacancy. Within fourteen days after the submission of the list, 321
the governor shall appoint individuals from the list. With 322
respect to the filling of vacancies, the nominating committee 323
shall provide the governor with a list of four individuals who 324
are, in the judgment of the nominating committee, the most fully 325
qualified to accede to membership on the commission. The 326
nominating committee shall not include the name of an individual 327
upon the list for the filling of vacancies if the appointment of
that individual by the governor would result in more than three 328
members of the commission belonging to or being affiliated with 329
8
the same political party. The committee shall include on the 330
list for the filling of vacancies only the names of attorneys 331
admitted to practice law in this state if, to fulfill the
requirement of division (A) of section 4121.12 of the Revised 332
Code, the vacancy must be filled by an attorney. 333
In order for the name of an individual to be submitted to 335
the governor under this division, the nominating committee shall 336
approve the individual by an affirmative vote of a majority of 337
its members.
(D) The remaining four members of the commission shall be 340
the chairperson and ranking minority member of the standing 341
committees of the house of representatives and of the senate to
which legislation concerning this chapter and Chapters 4123., 342
4127., and 4131. of the Revised Code normally are referred, or a 344
designee of the chairperson or ranking minority member, provided 345
that the designee is a member of the standing committee. 346
Legislative members shall serve during the session of the general 347
assembly to which they are elected and for as long as they are 348
members of the general assembly. Legislative members shall serve 349
in an advisory capacity to the commission and shall have no 350
voting rights on matters coming before the commission. 351
Membership on the commission by legislative members shall not be
deemed as holding a public office. 352
(E) All members of the commission shall receive their 355
reasonable and necessary expenses pursuant to section 126.31 of 356
the Revised Code while engaged in the performance of their duties 358
as members. Legislative members also shall receive fifty dollars 359
per meeting that they attend. Members appointed by the governor 360
also shall receive an annual salary as follows:
(1) On and before August 31, 1998, not to exceed six 363
thousand dollars payable at the rate of five hundred dollars per 364
month. A member shall receive the monthly five hundred dollar 365
salary only if the member has attended at least one meeting of 367
the commission during that month. A member may receive no more
9
than the monthly five hundred dollar salary regardless of the 368
number of meetings held by the commission during a month or the 369
number of meetings in excess of one within a month that the 370
member attends.
(2) After August 31, 1998, not to exceed eighteen thousand 373
dollars payable on the following basis:
(a) Except as provided in division (E)(2)(b) of this 376
section, a member shall receive two thousand dollars during a 378
month in which the member attends one or more meetings of the 380
commission and shall receive no payment during a month in which 381
the member attends no meeting of the commission. 382
(b) A member may receive no more than the annual eighteen 384
thousand dollar salary regardless of the number of meetings held 386
by the commission during a year or the number of meetings in 388
excess of nine within a year that the member attends. 390
The chairperson of the commission shall set the meeting 392
dates of the commission as necessary to perform the duties of the 393
commission under this chapter and Chapters 4123., 4127., and 394
4131. of the Revised Code. The commission shall meet at least 395
nine times during the period commencing on the first day of 397
September and ending on the thirty-first day of August of the 398
following year. The administrator of workers' compensation shall 399
provide professional and clerical assistance to the commission, 401
as the commission considers appropriate. 402
(F) The commission shall: 404
(1) Review progress of the bureau in meeting its cost and 407
quality objectives and in complying with this chapter and 408
Chapters 4123., 4127., and 4131. of the Revised Code; 409
(2) Issue an annual report on the cost and quality 411
objectives of the bureau to the president of the senate, the 413
speaker of the house of representatives, and the governor; 414
(3) Review all independent financial audits of the bureau. 416
The administrator shall provide access to records of the bureau 417
to facilitate the review required under this division. 418
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(4) Study issues as requested by the administrator or the 420
governor;
(5) Contract with an independent actuarial firm to assist 422
the commission in making recommendations to the administrator 423
regarding premium rates;
(6) Establish objectives, policies, and criteria for the 426
administration of the investment program that include asset 428
allocation targets and ranges, risk factors, asset class
benchmarks, time horizons, total return objectives, and 429
performance evaluation guidelines, and monitor the 431
administrator's progress in implementing the objectives, 432
policies, and criteria on a quarterly basis. The commission
shall publish the objectives, policies, and criteria no less than 434
annually and shall make copies available to interested parties. 435
The commission shall prohibit, on a prospective basis, specific 437
investment activity it finds to be contrary to its investment
objectives, policies, and criteria. 438
The investment policy in existence on March 7, 1997, shall 441
continue until the commission approves objectives, policies, and
criteria for the administration of the investment program 442
pursuant to this section. 443
(7) Advise and consent on all of the following: 445
(a) Administrative rules the administrator submits to it 448
pursuant to division (B)(5) of section 4121.121 of the Revised
Code for the classification of occupations or industries, for 450
premium rates and contributions, for the amount to be credited to 451
the surplus fund, for rules and systems of rating, rate 452
revisions, and merit rating;
(b) The overall policy of the bureau of workers' 455
compensation as set by the administrator;
(c) The duties and authority conferred upon the 457
administrator pursuant to section 4121.37 of the Revised Code; 458
(d) Rules the administrator adopts for the health 460
partnership program and the qualified health plan system, as 461
11
provided in sections 4121.44, 4121.441, and 4121.442 of the 462
Revised Code.
(8) Perform all duties required under section 4121.125 of 464
the Revised Code; 465
(9) After August 31, 2000, appoint an administrator who 467
meets the qualifications required under section 4121.121 of the 469
Revised Code and fix the salary of the administrator, the amount 471
of which the commission shall base upon the experience of the 473
administrator and the responsibilities and duties of the
administrator pursuant to this chapter and Chapters 4123., 4127., 474
and 4131. of the Revised Code. 475
(G) The commission may enter into an employment contract 477
with an administrator it appoints, provided that the contract 478
does not exceed two years in length. 479
(H) As used in this section, "employee organization" means 481
any labor or bona fide organization in which employees 483
participate and which exists for the purpose, in whole or in 485
part, of dealing with employers concerning grievances, labor 486
disputes, wages, hours, terms and other conditions of employment. 487
Sec. 4121.121. (A) There is hereby created the bureau of 496
workers' compensation, which shall be administered by the 497
administrator of workers' compensation. A person appointed to 498
the position of administrator shall possess significant 499
management experience in effectively managing an organization or 500
organizations of substantial size and complexity. The governor 501
shall appoint the administrator as provided in section 121.03 of
the Revised Code, and the administrator shall serve at the 503
pleasure of the governor. The governor shall fix the
administrator's salary on the basis of the administrator's 505
experience and the administrator's responsibilities and duties 506
under this chapter and Chapter CHAPTERS 4123., 4127., and 4131. 507
of the Revised Code. The governor shall not appoint to the 508
position of administrator any person who has, or whose spouse 509
has, given a contribution to the campaign committee of the 510
12
governor in an amount greater than one thousand dollars during 511
the two-year period immediately preceding the date of the 512
appointment of the administrator. After August 31, 2000, the 513
workers' compensation oversight commission shall appoint the 514
administrator as provided in division (F)(9) of section 4121.12 515
of the Revised Code, and the administrator shall serve at the 516
pleasure of the oversight commission. The oversight commission 517
shall fix the administrator's salary on the basis of the 518
administrator's experience and the administrator's 519
responsibilities and duties under this chapter and Chapters 520
4123., 4127., and 4131. of the Revised Code. 521
The administrator shall hold no other public office and 523
shall devote full time to the duties of administrator. Before 525
entering upon the duties of the office, the administrator shall 526
take an oath of office as required by sections 3.22 and 3.23 of 527
the Revised Code, and shall file in the office of the secretary 528
of state, a bond signed by the administrator and by surety
approved by the governor, for the sum of fifty thousand dollars 529
payable to the state, conditioned upon the faithful performance 530
of the administrator's duties. 531
(B) The administrator is responsible for the management of 534
the bureau of workers' compensation and for the discharge of all 535
administrative duties imposed upon the administrator in this 536
chapter and Chapters 4123., 4127., and 4131. of the Revised Code, 537
and in the discharge thereof shall do all of the following: 538
(1) Establish the overall administrative policy of the 541
bureau for the purposes of this chapter and Chapters 4123.,
4127., and 4131. of the Revised Code, and perform all acts and 542
exercise all authorities and powers, discretionary and otherwise 544
that are required of or vested in the bureau or any of its 545
employees in this chapter and Chapters 4123., 4127., and 4131. of 546
the Revised Code, except the acts and the exercise of authority 547
and power that is required of and vested in the oversight 548
commission or the industrial commission pursuant to those 549
13
chapters. The treasurer of state shall honor all warrants signed 550
by the administrator, or by one or more of the administrator's 551
employees, authorized by the administrator in writing, or bearing 553
the facsimile signature of the administrator or such employee 554
under sections 4123.42 and 4123.44 of the Revised Code. 555
(2) Employ, direct, and supervise all employees required 557
in connection with the performance of the duties assigned to the 558
bureau by this chapter and Chapters 4123., 4127., and 4131. of 559
the Revised Code, and may establish job classification plans and 560
compensation for all employees of the bureau provided that this 561
grant of authority shall not be construed as affecting any 562
employee for whom the state employment relations board has 563
established an appropriate bargaining unit under section 4117.06 564
of the Revised Code. All positions of employment in the bureau 565
are in the classified civil service except those employees the 566
administrator may appoint to serve at the administrator's 567
pleasure in the unclassified civil service pursuant to section 568
124.11 of the Revised Code. The administrator shall fix the 569
salaries of employees the administrator appoints to serve at the 571
administrator's pleasure, including the chief operating officer, 572
staff physicians, and other senior management personnel of the
bureau and shall establish the compensation of staff attorneys of 573
the bureau's legal section and their immediate supervisors, and 574
take whatever steps are necessary to provide adequate 575
compensation for other staff attorneys. 576
The administrator may appoint a person holding a certified 578
position in the classified service to any state position in the 579
unclassified service of the bureau of workers' compensation. A 580
person so appointed shall retain the right to resume the position 582
and status held by the person in the classified service
immediately prior to the person's appointment in the unclassified 584
service. If the position the person previously held has been 585
filled or placed in the unclassified service, or is otherwise 586
unavailable, the person shall be appointed to a position in the 587
14
classified service within the bureau that the department of 588
administrative services certifies is comparable in compensation
to the position the person previously held. Reinstatement to a 589
position in the classified service shall be to a position 590
substantially equal to that held previously, as certified by the 591
department of administrative services. Service in the position 592
in the unclassified service shall be counted as service in the 594
position in the classified service held by the person immediately 595
prior to the person's appointment in the unclassified service. 596
when WHEN a person is reinstated to a position in the classified 598
service as provided in this section, the person is entitled to 599
all rights, status, and benefits accruing to the position during 600
the person's time of service in the position in the unclassified 601
service. 602
(3) Reorganize the work of the bureau, its sections, 604
departments, and offices to the extent necessary to achieve the 605
most efficient performance of its functions and to that end may 606
establish, change, or abolish positions and assign and reassign 607
duties and responsibilities of every employee of the bureau. All 608
persons employed by the commission in positions that, after 609
November 3, 1989, are supervised and directed by the 610
administrator under this section are transferred to the bureau in 611
their respective classifications but subject to reassignment and 612
reclassification of position and compensation as the 613
administrator determines to be in the interest of efficient 614
administration. The civil service status of any person employed 615
by the commission is not affected by this section. Personnel 616
employed by the bureau or the commission who are subject to 617
Chapter 4117. of the Revised Code shall retain all of their 618
rights and benefits conferred pursuant to that chapter as it 619
presently exists or is hereafter amended and nothing in this 620
chapter or Chapter 4123. of the Revised Code shall be construed 621
as eliminating or interfering with Chapter 4117. of the Revised 622
Code or the rights and benefits conferred under that chapter to 623
15
public employees or to any bargaining unit. 624
(4) Provide offices, equipment, supplies, and other 626
facilities for the bureau. The administrator also shall provide 628
suitable office space in the service offices for the district 629
hearing officers, the staff hearing officers, and commission 630
employees as requested by the commission.
(5) Prepare and submit to the oversight commission 632
information the administrator considers pertinent or the 633
oversight commission requires, together with the administrator's 635
recommendations, in the form of administrative rules, for the 636
advice and consent of the oversight commission, for 637
classifications of occupations or industries, for premium rates 638
and contributions, for the amount to be credited to the surplus 639
fund, for rules and systems of rating, rate revisions, and merit 640
rating. The administrator shall obtain, prepare, and submit any 641
other information the oversight commission requires for the 643
prompt and efficient discharge of its duties.
(6) Keep the accounts required by division (A) of section 645
4123.34 of the Revised Code and all other accounts and records 646
necessary to the collection, administration, and distribution of 647
the workers' compensation funds and shall obtain the statistical 648
and other information required by section 4123.19 of the Revised 649
Code. 650
(7) Exercise the investment powers vested in the 652
administrator by section 4123.44 of the Revised Code in 653
accordance with the investment objectives, policies, and criteria 655
established by the oversight commission pursuant to section 656
4121.12 of the Revised Code. The administrator shall not engage 657
in any prohibited investment activity specified by the oversight 658
commission pursuant to division (F)(6) of section 4121.12 of the 659
Revised Code. All business shall be transacted, all funds 660
invested, all warrants for money drawn and payments made, and all 661
cash and securities and other property held, in the name of the 662
bureau, or in the name of its nominee, provided that nominees are
16
authorized by the administrator solely for the purpose of 664
facilitating the transfer of securities, and restricted to the 665
administrator and designated employees. 666
(8) Make contracts for and supervise the construction of 669
any project or improvement or the construction or repair of 670
buildings under the control of the bureau. 671
(9) Purchase supplies, materials, equipment, and services; 673
make contracts for, operate, and superintend the telephone, other 674
telecommunication, and computer services for the use of the 675
bureau; and make contracts in connection with office 676
reproduction, forms management, printing, and other services. 677
Notwithstanding sections 125.12 to 125.14 of the Revised Code, 678
the administrator may transfer surplus computers and computer
equipment directly to an accredited public school within the 679
state. The computers and computer equipment may be repaired or 680
refurbished prior to the transfer. 681
(10) Separately from the budget the industrial commission 684
submits, prepare and submit to the director of budget and 685
management a budget for each biennium. The budget submitted 686
shall include estimates of the costs and necessary expenditures 687
of the bureau in the discharge of any duty imposed by law as well 688
as the costs of furnishing office space to the district hearing 689
officers, staff hearing officers, and commission employees under 690
division (D) of this section. 691
(11) As promptly as possible in the course of efficient 693
administration, decentralize and relocate such of the personnel 694
and activities of the bureau as is appropriate to the end that 695
the receipt, investigation, determination, and payment of claims 696
may be undertaken at or near the place of injury or the residence 697
of the claimant and for that purpose establish regional offices, 698
in such places as the administrator considers proper, capable of 700
discharging as many of the functions of the bureau as is 701
practicable so as to promote prompt and efficient administration 702
in the processing of claims. All active and inactive lost-time 703
17
claims files shall be held at the service office responsible for 704
the claim. A claimant, at the claimant's request, shall be 705
provided with information by telephone as to the location of the 707
file pertaining to claim. The administrator shall ensure that 708
all service office employees report directly to the director for 709
their service office.
(12) Provide a written binder on new coverage where the 711
administrator considers it to be in the best interest of the 712
risk. The administrator, or any other person authorized by the 713
administrator, shall grant the binder upon submission of a 715
request for coverage by the employer. A binder is effective for 716
a period of thirty days from date of issuance and is 717
nonrenewable. Payroll reports and premium charges shall coincide 718
with the effective date of the binder. 719
(13) Set standards for the reasonable and maximum handling 721
time of claims payment functions, ensure, by rules, the impartial 722
and prompt treatment of all claims and employer risk accounts, 723
and establish a secure, accurate method of time stamping all 724
incoming mail and documents hand delivered to bureau employees. 725
(14) Ensure that all employees of the bureau follow the 727
orders and rules of the commission as such orders and rules 728
relate to the commission's overall adjudicatory policy-making and 729
management duties under this chapter and Chapters 4123., 4127., 730
and 4131. of the Revised Code. 731
(15) Manage and operate a data processing system with a 733
common data base for the use of both the bureau and the 734
commission and, in consultation with the commission, using 735
electronic data processing equipment, shall develop a claims 736
tracking system that is sufficient to monitor the status of a 737
claim at any time and that lists appeals that have been filed and 738
orders or determinations that have been issued pursuant to 739
section 4123.511 or 4123.512 of the Revised Code, including the 740
dates of such filings and issuances. 741
(16) Establish and maintain a medical section within the 743
18
bureau. The medical section shall do all of the following: 744
(a) Assist the administrator in establishing standard 746
medical fees, approving medical procedures, and determining 747
eligibility and reasonableness of the compensation payments for 748
medical, hospital, and nursing services, and in establishing 749
guidelines for payment policies which recognize usual, customary, 750
and reasonable methods of payment for covered services; 751
(b) Provide a resource to respond to questions from claims 753
examiners for employees of the bureau; 754
(c) Audit fee bill payments; 756
(d) Implement a program to utilize, to the maximum extent 758
possible, electronic data processing equipment for storage of 759
information to facilitate authorizations of compensation payments 760
for medical, hospital, drug, and nursing services; 761
(e) Perform other duties assigned to it by the 763
administrator. 764
(17) Appoint, as the administrator determines necessary, 766
panels to review and advise the administrator on disputes arising 768
over a determination that a health care service or supply 769
provided to a claimant is not covered under this chapter or 770
Chapter 4123. of the Revised Code or is medically unnecessary. 771
If an individual health care provider is involved in the dispute, 772
the panel shall consist of individuals licensed pursuant to the 773
same section of the Revised Code as such health care provider. 774
(18) Pursuant to section 4123.65 of the Revised Code, 776
approve applications for the final settlement of claims for 777
compensation or benefits under this chapter and Chapters 4123., 778
4127., and 4131. of the Revised Code as the administrator 779
determines appropriate, except in regard to the applications of 781
self-insuring employers and their employees. 782
(19) Comply with section 3517.13 of the Revised Code, and 784
except in regard to contracts entered into pursuant to the 786
authority contained in section 4121.44 of the Revised Code,
comply with the competitive bidding procedures set forth in the 788
19
Revised Code for all contracts into which the administrator 789
enters provided that those contracts fall within the type of 790
contracts and dollar amounts specified in the Revised Code for 791
competitive bidding and further provided that those contracts are
not otherwise specifically exempt from the competitive bidding 792
procedures contained in the Revised Code. 793
(20) Adopt, with the advice and consent of the oversight 795
commission, rules for the operation of the bureau. 796
(21) Prepare and submit to the oversight commission 798
information the administrator considers pertinent or the 799
oversight commission requires, together with the administrator's 800
recommendations, in the form of administrative rules, for the 801
advice and consent of the oversight commission, for the health 802
partnership program and the qualified health plan system, as
provided in sections 4121.44, 4121.441, and 4121.442 of the 803
Revised Code.
(C) The administrator, with the advice and consent of the 805
senate, shall appoint a chief operating officer who has 807
significant experience in the field of workers' compensation 808
insurance or other similar insurance industry experience if the
administrator does not possess such experience. The chief 809
operating officer shall not commence the chief operating 810
officer's duties until after the senate consents to the chief 811
operating officer's appointment. The chief operating officer 812
shall serve in the unclassified civil service of the state. 813
Sec. 4121.37. The administrator of workers' compensation 822
having, by virtue of Section 35 of Article II, Ohio Constitution, 823
the expenditure of the fund therein created for the investigation 824
and prevention of industrial accidents and diseases, shall, with 825
the advice and consent of the workers' compensation oversight 826
commission, in the exercise of the administrator's authority and 827
in the performance of the administrator's duty, employ a 828
superintendent and the necessary experts, engineers,
investigators, clerks, and stenographers for the efficient 829
20
operation of a division of safety and hygiene of the bureau of 830
workers' compensation, which is hereby created. 831
The general assembly hereby declares that in furtherance of 833
the authority granted to the administrator pursuant to Section 35 834
of Article II, Ohio Constitution, and to encourage public 835
employers to operate and maintain safe places of employment for 836
public employees of this state, the administrator, with the 838
advice and consent of the oversight commission, may transfer 839
funds, certified as provided in section 126.07 of the Revised 841
Code, from the safety and hygiene fund to the occupational safety 843
loan fund created in section 4121.48 of the Revised Code, for the 844
purposes of that section. 845
The administrator of workers' compensation, with the advice 848
and consent of the oversight commission, shall pay into the
safety and hygiene fund, which is hereby created in the state 850
treasury, the portion of the contributions paid by employers, 851
calculated as though all employers paid premiums based upon 852
payroll, not to exceed three-fourths of one ONE per cent thereof 853
in any year, as is necessary for the payment of the salary of the 854
superintendent of the division of safety and hygiene and the 855
compensation of the other employees of the division of safety and 856
hygiene, and the expenses of investigations and researches for 857
the prevention of industrial accidents and diseases. All 858
investment earning of the fund shall be credited to the fund. 859
The administrator has the same powers to invest any of the funds 860
belonging to the fund as are delegated to the administrator under 861
section 4123.44 of the Revised Code with respect to the state 862
insurance fund. The superintendent, under the direction of the 864
administrator, with the advice and consent of the oversight 865
commission, shall conduct investigations and researches for the
prevention of industrial accidents and diseases, conduct loss 866
prevention programs and courses for employers, establish and 867
administrate cooperative programs with employers for the purchase 868
of individual safety equipment for employees, and print and 869
21
distribute information as may be of benefit to employers and 870
employees. The administrator shall pay from the safety and 871
hygiene fund the salary of the superintendent of the division of 872
safety and hygiene, the compensation of the other employees of 874
the division of safety and hygiene, the expenses necessary or 875
incidental to investigations and researches for the prevention of 876
industrial accidents and diseases, and the cost of printing and 878
distributing such information.
The superintendent, under the direction of the 880
administrator, shall prepare an annual report, addressed to the 881
governor, on the amount of the expenditures and the purposes for 882
which they have been made, and the results of the investigations 883
and researches. The administrator shall include the 884
administrative costs, salaries, and other expenses of the 885
division of safety and hygiene as a part of the budget of the 886
bureau of workers' compensation that is submitted to the director 888
of budget and management and shall identify those expenditures
separately from other bureau expenditures. 889
The superintendent shall be a competent person with at 891
least five years' experience in industrial accident or disease 892
prevention work. The superintendent and up to six positions in 893
the division of safety and hygiene as the administrator, with the 894
advice and consent of the oversight commission, designates are in 895
the unclassified civil service of the state as long as the 896
administrator, with the advice and consent of the oversight 897
commission, determines the positions subordinate to the 898
superintendent are primarily and distinctively administrative, 899
managerial, or professional in character. All other full-time 900
employees of the division of safety and hygiene are in the 901
classified civil service of the state. 902
Sec. 4121.44. (A) The administrator of workers' 911
compensation shall oversee the implementation of the Ohio 912
workers' compensation qualified health plan system as established 913
under section 4121.442 of the Revised Code. 914
22
(B) The administrator shall direct the implementation of 917
the health partnership program administered by the bureau as set 918
forth in section 4121.441 of the Revised Code. To implement the 919
health partnership program, the bureau:
(1) Shall certify one or more external vendors to provide 921
medical management and cost containment services in the health 922
partnership program for a period of two years beginning on the 924
date of certification, consistent with the standards established 925
under this section;
(2) May recertify external vendors for an additional 928
period PERIODS of two years upon the expiration of the 929
certification set forth in division (B)(1) of this section; and 931
(3) May integrate the certified vendors with bureau staff 934
and existing bureau services for purposes of operation and
training to allow the bureau to assume operation of the health 935
partnership program at the conclusion of the certification 937
periods set forth in division (B)(1) or (2) of this section. 938
(C) Any vendor selected shall demonstrate all of the 940
following: 941
(1) Arrangements and reimbursement agreements with a 943
substantial number of the medical, professional and pharmacy 944
providers currently being utilized by claimants. 945
(2) Ability to accept a common format of medical bill data 947
in an electronic fashion from any provider who wishes to submit 948
medical bill data in that form. 949
(3) A computer system able to handle the volume of medical 951
bills and willingness to customize that system to the bureau's 953
needs and to be operated by the vendor's staff, bureau staff, or 954
some combination of both staffs.
(4) A prescription drug system where pharmacies on a 956
statewide basis have access to the eligibility and pricing, at a 957
discounted rate, of all prescription drugs. 958
(5) A tracking system to record all telephone calls from 960
claimants and providers regarding the status of submitted medical 962
23
bills so as to be able to track each inquiry.
(6) Data processing capacity to absorb all of the bureau's 964
medical bill processing or at least that part of the processing 965
which the bureau arranges to delegate. 966
(7) Capacity to store, retrieve, array, simulate, and 968
model in a relational mode all of the detailed medical bill data 969
so that analysis can be performed in a variety of ways and so 970
that the bureau and its governing authority can make informed 971
decisions. 972
(8) Wide variety of software programs which translate 974
medical terminology into standard codes, and which reveal if a 975
provider is manipulating the procedures codes, commonly called 977
"unbundling."
(9) Necessary professional staff to conduct, at a minimum, 979
authorizations for treatment, medical necessity, utilization 980
review, concurrent review, post-utilization review, and have the 981
attendant computer system which supports such activity and 982
measures the outcomes and the savings. 983
(10) Management experience and flexibility to be able to 985
react quickly to the needs of the bureau in the case of required 986
change in federal or state requirements. 987
(D) The administrator may limit freedom of choice of 991
health care provider or supplier by requiring, beginning with the 992
period set forth in division (B)(1) or (2) of this section, that 993
claimants shall pay an appropriate out-of-plan co-pay COPAYMENT 995
for selecting a medical provider not within the health 997
partnership program as provided for in this section.
(E) The administrator, six months prior to the expiration 1,000
of the bureau's certification or recertification of the vendor or 1,001
vendors as set forth in division (B)(1) or (2) of this section, 1,003
may certify and provide evidence to the governor, the speaker of 1,004
the house of representatives, and the president of the senate 1,005
that the existing bureau staff is able to match or exceed the 1,006
performance and outcomes of the external vendor or vendors and 1,007
24
that the bureau should be permitted to internally administer the 1,008
health partnership program upon the expiration of the 1,009
certification or recertification as set forth in division (B)(1) 1,010
or (2) of this section.
(F) The administrator shall establish and operate a bureau 1,012
of workers' compensation health care data program. The 1,014
administrator may contract with the Ohio health care data center 1,015
for such purposes. The administrator shall develop reporting 1,016
requirements from all employees, employers and medical providers, 1,017
medical vendors, and plans that participate in the workers' 1,018
compensation system. The administrator shall do all of the 1,019
following:
(1) Utilize the collected data to measure and perform 1,021
comparison analyses of costs, quality, appropriateness of medical 1,022
care, and effectiveness of medical care delivered by all 1,024
components of the workers' compensation system.
(2) Compile data to support activities of the selected 1,026
vendor or vendors and to measure the outcomes and savings of the 1,027
health partnership program. 1,028
(3) Publish and report compiled data to the governor, the 1,030
speaker of the house of representatives, and the president of the 1,031
senate on the first day of each January and July, the measures of 1,033
outcomes and savings of the health partnership program and the 1,034
qualified health plan system. The administrator shall protect 1,035
the confidentiality of all proprietary pricing data. 1,036
(G) Any rehabilitation facility the bureau operates is 1,038
eligible for inclusion in the Ohio workers' compensation 1,039
qualified health plan system or the health partnership program 1,040
under the same terms as other providers within health care plans 1,041
or the program. 1,042
(H) In areas outside the state or within the state where 1,044
no qualified health plan or an inadequate number of providers 1,045
within the health partnership program exist, the administrator 1,046
shall permit employees to use a nonplan or nonprogram health care 1,047
25
provider and shall pay the provider for the services or supplies 1,048
provided to or on behalf of an employee for an injury or 1,049
occupational disease that is compensable under this chapter or 1,050
Chapter 4123., 4127., or 4131. of the Revised Code on a fee 1,051
schedule the administrator adopts. 1,052
(I) No certified health care provider shall charge, 1,054
assess, or otherwise attempt to collect from an employee, 1,055
employer, a managed care organization, or the bureau any amount 1,056
for covered services or supplies that is in excess of the allowed 1,057
amount paid by a managed care organization, the bureau, or a 1,058
qualified health plan. 1,059
(J) The administrator shall permit any employer or group 1,061
of employers who agree to abide by the rules adopted under this 1,062
section and sections 4121.441 and 4121.442 of the Revised Code to 1,063
provide services or supplies to or on behalf of an employee for 1,064
an injury or occupational disease that is compensable under this 1,065
chapter or Chapter 4123., 4127., or 4131. of the Revised Code 1,066
through qualified health plans of the Ohio workers' compensation 1,067
qualified health plan system pursuant to section 4121.442 of the 1,068
Revised Code or through the health partnership program pursuant 1,069
to section 4121.441 of the Revised Code. No amount paid under 1,070
the qualified health plan system pursuant to section 4121.442 of 1,071
the Revised Code by an employer who is a state fund employer 1,072
shall be charged to the employer's experience or otherwise be 1,073
used in merit-rating or determining the risk of that employer for 1,074
the purpose of the payment of premiums under this chapter, and if 1,075
the employer is a self-insuring employer, the employer shall not 1,076
include that amount in the paid compensation the employer reports 1,078
under section 4123.35 of the Revised Code.
Sec. 4121.63. Claimants who the administrator of workers' 1,087
compensation determines could probably be rehabilitated to 1,088
achieve the goals established by section 4121.61 of the Revised 1,089
Code and who agree to undergo rehabilitation shall be paid living 1,090
maintenance payments for a period or periods which do not exceed 1,091
26
six months in the aggregate, unless review by the administrator 1,092
or his THE ADMINISTRATOR'S designee reveals that the claimant 1,093
will be benefited by an extension of such payments. 1,094
Living maintenance payments shall be paid in weekly 1,096
amounts, not to exceed the amount the claimant would receive if 1,097
the claimant were being compensated for temporary total 1,098
disability, but not less than fifty per cent of the current state 1,099
average weekly wage. LIVING MAINTENANCE PAYMENTS SHALL COMMENCE 1,100
AT THE TIME THE CLAIMANT BEGINS TO PARTICIPATE IN AN APPROVED 1,101
REHABILITATION PROGRAM.
A claimant receiving living maintenance payments shall be 1,103
deemed to be temporarily totally disabled and shall receive no 1,104
payment of any type of compensation except as provided by 1,105
division (B) of section 4123.57 of the Revised Code for the 1,106
periods during which the claimant is receiving living maintenance 1,107
payments. 1,108
Sec. 4123.343. This section shall be construed liberally 1,117
to the end that employers shall be encouraged to employ and 1,118
retain in their employment handicapped employees as defined in 1,119
this section. 1,120
(A) As used in this section, "handicapped employee" means 1,122
an employee who is afflicted with or subject to any physical or 1,123
mental impairment, or both, whether congenital or due to an 1,124
injury or disease of such character that the impairment 1,125
constitutes a handicap in obtaining employment or would 1,126
constitute a handicap in obtaining reemployment if the employee 1,127
should become unemployed and whose handicap is due to any of the 1,128
following diseases or conditions: 1,129
(1) Epilepsy; 1,131
(2) Diabetes; 1,133
(3) Cardiac disease; 1,135
(4) Arthritis; 1,137
(5) Amputated foot, leg, arm, or hand; 1,139
(6) Loss of sight of one or both eyes or a partial loss of 1,141
27
uncorrected vision of more than seventy-five per cent 1,142
bilaterally; 1,143
(7) Residual disability from poliomyelitis; 1,145
(8) Cerebral palsy; 1,147
(9) Multiple sclerosis; 1,149
(10) Parkinson's disease; 1,151
(11) Cerebral vascular accident; 1,153
(12) Tuberculosis; 1,155
(13) Silicosis; 1,157
(14) Psycho-neurotic disability following treatment in a 1,159
recognized medical or mental institution; 1,160
(15) Hemophilia; 1,162
(16) Chronic osteomyelitis; 1,164
(17) Ankylosis of joints; 1,166
(18) Hyper insulinism; 1,168
(19) Muscular dystrophies; 1,170
(20) Arterio-sclerosis; 1,172
(21) Thrombo-phlebitis; 1,174
(22) Varicose veins; 1,176
(23) Cardiovascular, pulmonary, or respiratory diseases of 1,178
a fire fighter FIREFIGHTER or police officer employed by a 1,179
municipal corporation or township as a regular member of a 1,180
lawfully constituted police department or fire department; 1,181
(24) Coal miners' pneumoconiosis, commonly referred to as 1,183
"black lung disease"; 1,184
(25) Disability with respect to which an individual has 1,186
completed a rehabilitation program conducted pursuant to sections 1,187
4121.61 to 4121.69 of the Revised Code. 1,188
(B) Under the circumstances set forth in this section all 1,190
or such portion as the administrator determines of the 1,191
compensation and benefits paid in any claim arising hereafter 1,192
shall be charged to and paid from the statutory surplus fund 1,193
created under section 4123.34 of the Revised Code and only the 1,194
portion remaining shall be merit-rated or otherwise treated as 1,195
28
part of the accident or occupational disease experience of the 1,196
employer. If the employer is a self-insuring employer, the 1,197
proportion of such costs whether charged to the statutory surplus 1,198
fund in whole or in part shall be by way of direct payment to 1,199
such employee or his THE EMPLOYEE'S dependents or by way of 1,200
reimbursement to the self-insuring employer as the circumstances 1,201
indicate. The provisions of this section apply only in cases of 1,202
death, total disability, whether temporary or permanent, and all 1,203
disabilities compensated under division (B) of section 4123.57 of 1,204
the Revised Code. The administrator shall adopt rules specifying 1,205
the grounds upon which charges to the statutory surplus fund are 1,206
to be made. The rules shall prohibit as a grounds any agreement 1,207
between employer and claimant as to the merits of a claim and the 1,208
amount of the charge. 1,209
(C) Any employer who advises the bureau of workers' 1,211
compensation prior to the occurrence of an injury or occupational 1,212
disease that it has in its employ a handicapped employee is 1,213
entitled, in the event the person is injured, to a determination 1,214
under this section. Any employer who fails to notify the bureau 1,215
but applies for a determination under this section is entitled to 1,216
a determination if the bureau finds that there was good cause for 1,217
the failure to give notice of the employment of the handicapped 1,218
employee. The bureau annually shall require employers to file an 1,219
inventory of current handicapped employees. 1,220
An employer shall file an application UNDER THIS SECTION 1,222
for a determination with the bureau or commission in the same 1,224
manner as other claims. An application only may be made in cases 1,225
where a handicapped employee or his A HANDICAPPED EMPLOYEE'S 1,226
dependents claim or is receiving an award of compensation as a 1,227
result of an injury or occupational disease occurring or 1,228
contracted on or after the date on which division (A) of this 1,229
section first included the handicap of such employee. 1,230
(D) The circumstances under and the manner in which an 1,232
apportionment under this section shall be made are: 1,233
29
(1) Whenever a handicapped employee is injured or disabled 1,235
or dies as the result of an injury or occupational disease 1,236
sustained in the course of and arising out of his A HANDICAPPED 1,237
EMPLOYEE'S employment in this state and the administrator awards 1,238
compensation therefor and when it appears to the satisfaction of 1,240
the administrator that the injury or occupational disease or the 1,241
death resulting therefrom would not have occurred but for the 1,242
pre-existing physical or mental impairment of the handicapped 1,243
employee, all compensation and benefits payable on account of the 1,244
disability or death shall be paid from the surplus fund. 1,245
(2) Whenever a handicapped employee is injured or disabled 1,247
or dies as a result of an injury or occupational disease and the 1,248
administrator finds that the injury or occupational disease would 1,249
have been sustained or suffered without regard to the employee's 1,250
pre-existing impairment but that the resulting disability or 1,251
death was caused at least in part through aggravation of the 1,252
employee's pre-existing disability, the administrator shall 1,253
determine in a manner that is equitable and reasonable and based 1,254
upon medical evidence the amount of disability or proportion of 1,255
the cost of the death award that is attributable to the 1,256
employee's pre-existing disability and the amount found shall be 1,258
charged to the statutory surplus fund.
(E) The benefits and provisions of this section apply only 1,260
to employers who have complied with this chapter either through 1,261
insurance with the state fund or as a self-insuring employer. 1,262
(F) No employer shall in any year receive credit under 1,264
this section in an amount greater than the premium he THE 1,265
EMPLOYER paid if a state fund employer or greater than his THE 1,266
EMPLOYER'S assessments if a self-insuring employer. 1,267
(G) Self-insuring employers may, for all claims made after 1,269
January 1, 1987, for compensation and benefits under this 1,270
section, pay the compensation and benefits directly to the 1,271
employee or the employee's dependents. If such an employer 1,272
chooses to pay compensation and benefits directly, he THE 1,273
30
EMPLOYER shall receive no money or credit from the surplus fund 1,274
for the payment under this section, nor shall he THE EMPLOYER be 1,275
required to pay any amounts into the surplus fund that otherwise 1,276
would be assessed for handicapped reimbursements for claims made 1,277
after January 1, 1987. Where a self-insuring employer elects to 1,278
pay for compensation and benefits pursuant to this section, he 1,279
THE EMPLOYER shall assume responsibility for compensation and 1,280
benefits arising out of claims made prior to January 1, 1987, and 1,281
shall not be required to pay any amounts into the surplus fund 1,282
and may not receive any money or credit from that fund on account 1,283
of this section. The election made under this division is 1,284
irrevocable.
(H) An order issued by the administrator pursuant to this 1,286
section is appealable under section 4123.511 of the Revised Code 1,287
but is not appealable to court under section 4123.512 of the 1,288
Revised Code. 1,289
Sec. 4123.511. (A) Within seven days after receipt of any 1,300
claim under this chapter, the bureau of workers' compensation
shall notify the claimant and the employer of the claimant of the 1,301
receipt of the claim and of the facts alleged therein. If the 1,302
bureau receives from a person other than the claimant written or 1,303
telecommunicated information indicating that an injury or 1,304
occupational disease has occurred or been contracted with may be 1,305
compensable under this chapter, the bureau shall notify the 1,306
employee and the employer of the information. If the information 1,307
is provided by any method of telecommunication, the person 1,308
providing the information shall provide written verification of 1,309
the information to the bureau according to division (E) of 1,310
section 4123.84 of the Revised Code. The receipt of the 1,311
information in writing, or if by a method of telecommunications, 1,312
the written verification, and the notice by the bureau shall be 1,313
considered an application for compensation under section 4123.84 1,314
or 4123.85 of the Revised Code provided that the conditions of 1,315
division (E) of section 4123.84 of the Revised Code apply to 1,316
31
information provided by a method of telecommunication. Upon 1,317
receipt of a claim, the bureau shall advise the claimant of the 1,318
claim number assigned and the claimant's right to representation 1,319
in the processing of a claim or to elect no representation. If 1,320
the bureau determines that a claim is determined to be a 1,321
compensable lost-time claim, the bureau shall notify the claimant 1,322
and the employer of the availability of rehabilitation services. 1,323
No bureau or industrial commission employee shall directly or 1,324
indirectly convey any information in derogation of this right. 1,325
This section shall in no way abrogate the bureau's responsibility 1,326
to aid and assist a claimant in the filing of a claim and to 1,327
advise the claimant of the claimant's rights under the law. 1,328
The administrator of workers' compensation shall assign all 1,330
claims and investigations to the bureau service office from which 1,331
investigation and determination may be made most expeditiously. 1,332
The bureau shall investigate the facts concerning an injury 1,334
or occupational disease and ascertain such facts in whatever 1,335
manner is most appropriate and may obtain statements of the 1,336
employee, employer, attending physician, and witnesses in 1,337
whatever manner is most appropriate. 1,338
(B)(1) Except as provided in division (B)(2) of this 1,340
section, in claims other than those in which the employer is a 1,341
self-insuring employer, if the administrator determines under 1,342
division (A) of this section that a claimant is or is not 1,343
entitled to an award of compensation or benefits, the 1,344
administrator shall issue an order, no sooner than twenty-one 1,345
days but no later than twenty-eight days after the sending of the 1,348
notice under division (A) of this section, granting or denying 1,349
the payment of the compensation or benefits, or both as is 1,350
appropriate to the claimant. Notwithstanding the time limitation 1,351
specified in this division for the issuance of an order, if a 1,352
medical examination of the claimant is required by statute, the 1,353
administrator promptly shall schedule the claimant for that
examination and shall issue an order no later than twenty-eight 1,354
32
days after receipt of the report of the examination. The 1,355
administrator shall notify the claimant and the employer of the 1,357
claimant and their respective representatives in writing of the 1,358
nature of the order and the amounts of compensation and benefit 1,359
payments involved. The employer or claimant may appeal the order 1,360
pursuant to division (C) of this section within fourteen days 1,361
after the date of the receipt of the order. The employer and 1,362
claimant may waive, in writing, their rights to an appeal under 1,363
this division.
(2) Notwithstanding the time limitation specified in 1,365
division (B)(1) of this section for the issuance of an order, if 1,366
the employer certifies a claim for payment of compensation or 1,367
benefits, or both, to a claimant, and the administrator has 1,368
completed the investigation of the claim, the payment of benefits 1,370
or compensation, or both, as is appropriate, shall commence upon 1,371
the later of the date of the certification or completion of the 1,372
investigation and issuance of the order by the administrator, 1,373
provided that the administrator shall issue the order no later 1,374
than the time limitation specified in division (B)(1) of this 1,375
section. 1,376
(3) If an appeal is made under division (B)(1) or (2) of 1,378
this section, the administrator shall forward the claim file to 1,379
the appropriate district hearing officer within seven days of the 1,380
appeal. In contested claims other than state fund claims, the 1,381
administrator shall forward the claim within seven days of the 1,382
administrator's receipt of the claim to the commission, which 1,384
shall refer the claim to an appropriate district hearing officer 1,385
for a hearing in accordance with division (C) of this section. 1,386
(C) If an employer or claimant timely appeals the order of 1,388
the administrator issued under division (B) of this section or in 1,389
the case of other contested claims other than state fund claims, 1,390
the commission shall refer the claim to an appropriate district 1,391
hearing officer according to rules the commission adopts under 1,392
section 4121.36 of the Revised Code. The district hearing 1,393
33
officer shall notify the parties and their respective 1,394
representatives of the time and place of the hearing. 1,395
The district hearing officer shall hold a hearing on a 1,397
disputed issue or claim within forty-five days after the filing 1,399
of the appeal under this division and issue a decision within 1,400
seven days after holding the hearing. The district hearing 1,401
officer shall notify the parties and their respective
representatives in writing of the order. Any party may appeal an 1,403
order issued under this division pursuant to division (D) of this 1,404
section within fourteen days after receipt of the order under 1,405
this division. 1,406
(D) Upon the timely filing of an appeal of the order of 1,408
the district hearing officer issued under division (C) of this 1,409
section, the commission shall refer the claim file to an 1,410
appropriate staff hearing officer according to its rules adopted 1,411
under section 4121.36 of the Revised Code. The staff hearing 1,412
officer shall hold a hearing within forty-five days after the 1,413
filing of an appeal under this division and issue a decision 1,414
within seven days after holding the hearing under this division. 1,417
The staff hearing officer shall notify the parties and their 1,418
respective representatives in writing his OF THE STAFF HEARING
OFFICER'S order. Any party may appeal an order issued under this 1,420
division pursuant to division (E) of this section within fourteen 1,421
days after receipt of the order under this division. 1,422
(E) Upon the filing of a timely appeal of the order of the 1,424
staff hearing officer issued under division (D) of this section, 1,425
the commission or a designated staff hearing officer, on behalf 1,426
of the commission, shall determine whether the commission will 1,428
hear the appeal. If the commission or the designated staff
hearing officer decides to hear the appeal, the commission or the 1,430
designated staff hearing officer shall notify the parties and 1,431
their respective representatives in writing of the time and place 1,432
of the hearing. The commission shall hold the hearing within 1,433
forty-five days after the filing of the notice of appeal and, 1,434
34
within seven days after the conclusion of the hearing, the 1,435
commission shall issue its order affirming, modifying, or 1,436
reversing the order issued under division (D) of this section. 1,437
The commission shall notify the parties and their respective 1,438
representatives in writing of the order. If the commission or 1,439
the designated staff hearing officer determines not to hear the 1,440
appeal, within fourteen days after the filing of the notice of 1,441
appeal, the commission or the designated staff hearing officer 1,442
shall issue an order to that effect and notify the parties and
their respective representatives in writing of that order. 1,443
Except as otherwise provided in this chapter and Chapters 1,445
4121., 4127., and 4131. of the Revised Code, any party may appeal 1,446
an order issued under this division to the court pursuant to 1,447
section 4123.512 of the Revised Code within sixty days after 1,448
receipt of the order, subject to the limitations contained in 1,449
that section. 1,450
(F) Every notice of an appeal from an order issued under 1,452
divisions (B), (C), (D), and (E) of this section shall state the 1,453
names of the claimant and employer, the number of the claim, the 1,454
date of the decision appealed from, and the fact that the 1,455
appellant appeals therefrom. 1,456
(G) All of the following apply to the proceedings under 1,458
divisions (C), (D), and (E) of this section: 1,459
(1) The parties shall proceed promptly and without 1,461
continuances except for good cause; 1,462
(2) The parties, in good faith, shall engage in the free 1,464
exchange of information relevant to the claim prior to the 1,465
conduct of a hearing according to the rules the commission adopts 1,466
under section 4121.36 of the Revised Code; 1,467
(3) The administrator is a party and may appear and 1,469
participate at all administrative proceedings on behalf of the 1,470
state insurance fund. However, in cases in which the employer is 1,471
represented, the administrator shall neither present arguments 1,472
nor introduce testimony that is cumulative to that presented or 1,473
35
introduced by the employer or the employer's representative. The 1,474
administrator may file an appeal under this section on behalf of
the state insurance fund; however, except in cases arising under 1,475
section 4123.343 of the Revised Code, the administrator only may 1,476
appeal questions of law or issues of fraud when the employer 1,477
appears in person or by representative.
(H) Except as provided in SECTION 4121.63 OF THE REVISED 1,479
CODE AND division (J) of this section, payments of compensation 1,480
to a claimant or on behalf of a claimant as a result of any order 1,481
issued under this chapter shall commence upon the earlier of the 1,482
following:
(1) Fourteen days after the date the administrator issues 1,484
an order under division (B) of this section, unless that order is 1,485
appealed; 1,486
(2) Twenty-one days after the date when the employer has 1,488
waived the right to appeal a decision issued under division (B) 1,489
of this section;
(3) If no appeal of an order has been filed under this 1,491
section or to a court under section 4123.512 of the Revised Code, 1,492
the expiration of the time limitations for the filing of an 1,493
appeal of an order; 1,494
(4) The date of receipt by the employer of an order of a 1,496
district hearing officer, a staff hearing officer, or the 1,498
industrial commission issued under division (C), (D), or (E) of 1,499
this section.
(I) No medical benefits payable under this chapter or 1,501
Chapter 4121., 4127., or 4131. of the Revised Code are payable 1,502
until the earlier of the following: 1,503
(1) The date of the issuance of the staff hearing 1,505
officer's order under division (D) of this section; 1,506
(2) The date of the final administrative or judicial 1,508
determination. 1,509
(J) Upon the final administrative or judicial 1,511
determination under this section or section 4123.512 of the 1,512
36
Revised Code of an appeal of an order to pay compensation, if a 1,513
claimant is found to have received compensation pursuant to a 1,514
prior order which is reversed upon subsequent appeal, the 1,515
claimant's employer, if a self-insuring employer, or the bureau, 1,517
shall withhold from any amount to which the claimant becomes 1,518
entitled pursuant to any claim, past, present, or future, under 1,519
Chapter 4121., 4123., 4127., or 4131. of the Revised Code, the 1,520
amount of previously paid compensation to the claimant which, due 1,521
to reversal upon appeal, the claimant is not entitled, pursuant 1,522
to the following criteria: 1,523
(1) No withholding for the first twelve weeks of temporary 1,525
total disability compensation pursuant to section 4123.56 of the 1,526
Revised Code shall be made; 1,527
(2) Forty per cent of all awards of compensation paid 1,529
pursuant to sections 4123.56 and 4123.57 of the Revised Code, 1,530
until the amount overpaid is refunded; 1,531
(3) Twenty-five per cent of any compensation paid pursuant 1,533
to section 4123.58 of the Revised Code until the amount overpaid 1,534
is refunded; 1,535
(4) If, pursuant to an appeal under section 4123.512 of 1,537
the Revised Code, the court of appeals or the supreme court 1,538
reverses the allowance of the claim, then no amount of any 1,539
compensation will be withheld. 1,540
The administrator and self-insuring employers, as 1,542
appropriate, are subject to the repayment schedule of this 1,543
division only with respect to an order to pay compensation that 1,544
was properly paid under a previous order, but which is
subsequently reversed upon an administrative or judicial appeal. 1,545
The administrator and self-insuring employers are not subject to, 1,546
but may utilize, the repayment schedule of this division, or any 1,547
other lawful means, to collect payment of compensation made to a 1,548
person who was not entitled to the compensation due to fraud as 1,549
determined by the administrator or the industrial commission. 1,550
(K) If a staff hearing officer or the commission fails to 1,552
37
issue a decision or the commission fails to refuse to hear an 1,553
appeal within the time periods required by this section, payments 1,554
to a claimant shall cease until the staff hearing officer or 1,555
commission issues a decision or hears the appeal, unless the 1,556
failure was due to the fault or neglect of the employer or the 1,557
employer agrees that the payments should continue for a longer 1,558
period of time. 1,559
(L) Except as otherwise provided in this section or 1,561
section 4123.522 of the Revised Code, no appeal is timely filed 1,562
under this section unless the appeal is filed with the time 1,563
limits set forth in this section.
(M) No person who is not an employee of the bureau or 1,565
commission or who is not by law given access to the contents of a 1,566
claims file shall have a file in the person's possession. 1,567
(N) Upon application of a party who resides in an area in 1,570
which an emergency or disaster is declared, the industrial 1,571
commission and hearing officers of the commission may waive the 1,572
time frame within which claims and appeals of claims set forth in 1,573
this section must be filed upon a finding that the applicant was 1,574
unable to comply with a filing deadline due to an emergency or a 1,575
disaster.
As used in this division: 1,577
(1) "Emergency" means any occasion or instance for which 1,579
the governor of Ohio or the president of the United States 1,581
publicly declares an emergency and orders state or federal 1,582
assistance to save lives and protect property, the public health 1,583
and safety, or to lessen or avert the threat of a catastrophe. 1,584
(2) "Disaster" means any natural catastrophe or fire, 1,586
flood, or explosion, regardless of the cause, that causes damage 1,587
of sufficient magnitude that the governor of Ohio or the 1,588
President of the United States, through a public declaration, 1,590
orders state or federal assistance to alleviate damage, loss, 1,591
hardship, or suffering that results from the occurrence. 1,592
Sec. 4123.512. (A) The claimant or the employer may 1,601
38
appeal an order of the industrial commission made under division 1,602
(E) of section 4123.511 of the Revised Code in any injury or 1,603
occupational disease case, other than a decision as to the extent 1,604
of disability to the court of common pleas of the county in which 1,606
the injury was inflicted or in which the contract of employment 1,607
was made if the injury occurred outside the state, or in which 1,608
the contract of employment was made if the exposure occurred 1,609
outside the state. If no common pleas court has jurisdiction for 1,610
the purposes of an appeal by the use of the jurisdictional 1,611
requirements described in this division, the appellant may use 1,612
the venue provisions in the Rules of Civil Procedure to vest 1,613
jurisdiction in a court. If the claim is for an occupational 1,614
disease the appeal shall be to the court of common pleas of the 1,615
county in which the exposure which caused the disease occurred. 1,616
Like appeal may be taken from an order of a staff hearing officer 1,617
made under division (D) of section 4123.511 of the Revised Code 1,618
from which the commission has refused to hear an appeal. The 1,619
appellant shall file the notice of appeal with a court of common 1,620
pleas within sixty days after the date of the receipt of the 1,621
order appealed from or the date of receipt of the order of the 1,622
commission refusing to hear an appeal of a staff hearing 1,623
officer's decision under division (D) of section 4123.511 of the 1,624
Revised Code. The filing of the notice of the appeal with the 1,625
court is the only act required to perfect the appeal.
If an action has been commenced in a court of a county 1,627
other than a court of a county having jurisdiction over the 1,628
action, the court, upon notice by any party or upon its own 1,629
motion, shall transfer the action to a court of a county having 1,630
jurisdiction. 1,631
Notwithstanding anything to the contrary in this section, 1,633
if the commission determines under section 4123.522 of the 1,634
Revised Code that an employee, employer, or their respective 1,635
representatives have not received written notice of an order or 1,636
decision which is appealable to a court under this section and 1,637
39
which grants relief pursuant to section 4123.522 of the Revised 1,638
Code, the party granted the relief has sixty days from receipt of 1,639
the order under section 4123.522 of the Revised Code to file a 1,640
notice of appeal under this section. 1,641
(B) The notice of appeal shall state the names of the 1,643
claimant and the employer, the number of the claim, the date of 1,644
the order appealed from, and the fact that the appellant appeals 1,645
therefrom. 1,646
The administrator, the claimant, and the employer shall be 1,648
parties to the appeal and the court, upon the application of the 1,649
commission, shall make the commission a party. THE PARTY FILING 1,650
THE APPEAL SHALL SERVE A COPY OF THE NOTICE OF APPEAL ON THE 1,651
ADMNISTRATOR OF WORKERS' COMPENSATION AT THE CENTRAL OFFICE OF 1,652
THE BUREAU OF WORKERS' COMPENSATION IN COLUMBUS. The 1,653
administrator shall notify the employer that if the employer 1,654
fails to become an active party to the appeal, then the 1,656
administrator may act on behalf of the employer and the results 1,657
of the appeal could have an adverse effect upon the employer's 1,658
premium rates.
(C) The attorney general or one or more of the attorney 1,660
general's assistants or special counsel designated by the 1,662
attorney general shall represent the administrator and the 1,663
commission. In the event the attorney general or the attorney 1,664
general's designated assistants or special counsel are absent, 1,666
the administrator or the commission shall select one or more of 1,667
the attorneys in the employ of the administrator or the
commission as the administrator's attorney or the commission's 1,669
attorney in the appeal. Any attorney so employed shall continue 1,670
the representation during the entire period of the appeal and in 1,671
all hearings thereof except where the continued representation 1,672
becomes impractical.
(D) Upon receipt of notice of appeal the clerk of courts 1,674
shall provide notice to all parties who are appellees and to the 1,675
commission. 1,676
40
The claimant shall, within thirty days after the filing of 1,678
the notice of appeal, file a petition containing a statement of 1,679
facts in ordinary and concise language showing a cause of action 1,680
to participate or to continue to participate in the fund and 1,681
setting forth the basis for the jurisdiction of the court over 1,682
the action. Further pleadings shall be had in accordance with 1,683
the Rules of Civil Procedure, provided that service of summons on 1,684
such petition shall not be required. The clerk of the court 1,685
shall, upon receipt thereof, transmit by certified mail a copy 1,686
thereof to each party named in the notice of appeal other than 1,687
the claimant. Any party may file with the clerk prior to the 1,688
trial of the action a deposition of any physician taken in 1,689
accordance with the provisions of the Revised Code, which 1,690
deposition may be read in the trial of the action even though the 1,691
physician is a resident of or subject to service in the county in 1,692
which the trial is had. The bureau of workers' compensation 1,693
shall pay the cost of the stenographic deposition filed in court 1,694
and of copies of the stenographic deposition for each party from 1,696
the surplus fund and charge the costs thereof against the 1,698
unsuccessful party if the claimant's right to participate or 1,699
continue to participate is finally sustained or established in 1,700
the appeal. In the event the deposition is taken and filed, the 1,701
physician whose deposition is taken is not required to respond to 1,702
any subpoena issued in the trial of the action. The court, or 1,703
the jury under the instructions of the court, if a jury is 1,704
demanded, shall determine the right of the claimant to 1,705
participate or to continue to participate in the fund upon the 1,706
evidence adduced at the hearing of the action. 1,707
(E) The court shall certify its decision to the commission 1,709
and the certificate shall be entered in the records of the court. 1,710
Appeals from the judgment are governed by the law applicable to 1,711
the appeal of civil actions. 1,712
(F) The cost of any legal proceedings authorized by this 1,714
section, including an attorney's fee to the claimant's attorney 1,715
41
to be fixed by the trial judge, based upon the effort expended, 1,716
in the event the claimant's right to participate or to continue 1,717
to participate in the fund is established upon the final 1,718
determination of an appeal, shall be taxed against the employer 1,719
or the commission if the commission or the administrator rather 1,720
than the employer contested the right of the claimant to 1,721
participate in the fund. The attorney's fee shall not exceed 1,722
twenty-five hundred dollars. 1,723
(G) If the finding of the court or the verdict of the jury 1,725
is in favor of the claimant's right to participate in the fund, 1,726
the commission and the administrator shall thereafter proceed in 1,727
the matter of the claim as if the judgment were the decision of 1,728
the commission, subject to the power of modification provided by 1,729
section 4123.52 of the Revised Code. 1,730
(H) An appeal from an order issued under division (E) of 1,732
section 4123.511 of the Revised Code or any action filed in court 1,733
in a case in which an award of compensation has been made shall 1,734
not stay the payment of compensation under the award or payment 1,735
of compensation for subsequent periods of total disability during 1,736
the pendency of the appeal. If, in a final administrative or 1,737
judicial action, it is determined that payments of compensation 1,738
or benefits, or both, made to or on behalf of a claimant should 1,739
not have been made, the amount thereof shall be charged to the 1,740
surplus fund under division (B) of section 4123.34 of the Revised 1,741
Code. In the event the employer is a state risk, the amount 1,742
shall not be charged to the employer's experience. In the event 1,743
the employer is a self-insuring employer, the self-insuring 1,744
employer shall deduct the amount from the paid compensation the 1,745
self-insuring employer reports to the administrator under 1,747
division (L) of section 4123.35 of the Revised Code. All actions 1,748
and proceedings under this section which are the subject of an 1,749
appeal to the court of common pleas or the court of appeals shall 1,750
be preferred over all other civil actions except election causes, 1,751
irrespective of position on the calendar. 1,752
42
This section applies to all decisions of the commission or 1,754
the administrator on November 2, 1959, and all claims filed 1,755
thereafter are governed by sections 4123.511 and 4123.512 of the 1,756
Revised Code. 1,757
Any action pending in common pleas court or any other court 1,759
on January 1, 1986, under this section is governed by former 1,760
sections 4123.514, 4123.515, 4123.516, and 4123.519 and section 1,761
4123.522 of the Revised Code. 1,762
Sec. 4123.591. THE ADMINISTRATOR OF WORKERS' COMPENSATION 1,764
MAY FURNISH QUARTERLY, TO THE TAX COMMISSIONER, IN A FORMAT 1,765
APPROVED BY THE TAX COMMISSIONER, A LIST CONTAINING THE NAME AND 1,766
SOCIAL SECURITY NUMBER OF ANY PERSON RECEIVING SPOUSAL DEATH 1,768
BENEFITS. UPON RECEIPT OF THIS LIST, THE COMMISSIONER SHALL
RETURN TO THE ADMINISTRATOR, IN A FORMAT DESIGNED BY THE 1,770
COMMISSIONER, INFORMATION IDENTIFYING ANY PERSON LISTED BY THE 1,771
ADMINISTRATOR WHO, AS REPORTED ON THE MOST RECENT RETURN FILED BY 1,773
THE PERSON UNDER SECTION 5747.08 OF THE REVISED CODE, FILED UNDER
THE STATUS "MARRIED FILING JOINT RETURN," OR "MARRIED FILING 1,774
SEPARATELY."
Sec. 4123.76. When an application for compensation or 1,783
benefits or an application for further compensation or benefits 1,784
is filed with the industrial commission or the bureau of workers' 1,785
compensation under section 4123.75 of the Revised Code against an 1,786
employer who has not complied with section 4123.35 of the Revised 1,787
Code, the bureau shall make and file for record in the office of 1,788
the county recorder in the counties where the employer's property 1,789
is located, an affidavit showing the date on which the 1,790
application was filed with the commission or the bureau, the name 1,791
and address of the employer against whom it was filed, and the 1,792
fact that the employer had not complied with section 4123.35 of 1,793
the Revised Code. The recorder shall accept and file the 1,794
affidavit and record the same as a mortgage on real estate and 1,795
shall file the same as a chattel mortgage and he THE RECORDER 1,796
shall index the same as a mortgage on real estate and as a 1,797
43
chattel mortgage. A copy of the application OR OTHER BUREAU 1,798
RECORD DOCUMENTING THE CLAIM shall be filed with the affidavit. 1,799
A copy of the affidavit shall be served upon the employer by the 1,800
bureau. The affidavit constitutes a valid lien from the time of 1,801
filing, in favor of the bureau, upon the real property and 1,802
tangible personal property of the employer located within the 1,803
county. The administrator of workers' compensation shall have 1,804
the lien canceled of record after the employer has paid to the 1,805
claimant or to the bureau the amount of the compensation or 1,806
benefits which has been ordered paid to the claimant, or when the 1,807
application has finally been denied after the claimant has 1,808
exhausted the remedies provided by law in such cases, or when the 1,809
employer has filed a bond in the amount and with surety as the 1,810
administrator approves conditioned on the payment of all sums 1,811
ordered paid to the claimant. The recorder shall make no charge 1,812
for the services provided by this section to be performed by him 1,813
THE RECORDER. 1,814
Sec. 4123.83. Each employer paying premiums into the state 1,823
insurance fund or electing directly to pay compensation to his 1,824
THE EMPLOYER'S injured employees or the dependents of his THE 1,825
EMPLOYER'S killed employees as provided in section 4123.35 of the 1,827
Revised Code, shall post conspicuously in his THE EMPLOYER'S 1,828
place or places of employment notices, which shall be furnished 1,830
in adequate number by the bureau of workers' compensation at the 1,831
time of the payment of the premium, stating the fact that he THE 1,832
EMPLOYER has made the payment, the date thereof, and period for 1,834
which the payment is made, or that he THE EMPLOYER has complied 1,835
with section 4123.35 of the Revised Code, and has been authorized
by the administrator of workers' compensation directly to 1,836
compensate employees or dependents, and the date of the 1,837
authorization. The notice, when posted, constitutes sufficient 1,838
notice to his THE EMPLOYER'S employees of the fact that he THE 1,840
EMPLOYER has made payment or that he THE EMPLOYER has complied 1,841
with the elective provisions of section 4123.35 of the Revised 1,842
44
Code. The bureau shall prepare, semiannually, a list of all
employers who have complied with this chapter, classified by 1,844
counties, and shall send to the newspapers published in the 1,845
county seat of each county a list of the employers in the county, 1,846
with a request for its gratuitous publication as a matter of news 1,847
and protection to the working men and women. 1,848
Sec. 5703.21. (A) Except as provided in divisions (B), 1,857
(C), (D), and (E), AND (F) of this section, no agent of the 1,860
department of taxation, except in the agent's report to the 1,861
department or when called on to testify in any court or 1,862
proceeding, shall divulge any information acquired by the agent 1,863
as to the transactions, property, or business of any person while 1,864
acting or claiming to act under orders of the department. 1,865
Whoever violates this provision shall thereafter be disqualified 1,866
from acting as an officer or employee or in any other capacity 1,867
under appointment or employment of the department.
(B)(1) For purposes of an audit pursuant to section 117.15 1,869
of the Revised Code, or an audit of the department pursuant to 1,870
Chapter 117. of the Revised Code, or an audit, pursuant to such 1,871
chapter, the objective of which is to express an opinion on a 1,872
financial report or statement prepared or issued pursuant to 1,873
division (G) or (I) of section 126.21 of the Revised Code, the 1,874
officers and employees of the auditor of state charged with 1,875
conducting the audit shall have access to and the right to 1,876
examine any state tax returns and state tax return information in 1,877
the possession of the department to the extent that such access 1,878
and examination are necessary for purposes of the audit. Any 1,879
information acquired as the result of such access and examination 1,880
shall not be divulged for any purpose other than as required for 1,881
such audit or unless the officers and employees are required to 1,882
testify in a court or proceeding under compulsion of legal 1,883
process. Whoever violates this provision shall thereafter be 1,884
disqualified from acting as an officer or employee or in any 1,885
other capacity under appointment or employment of the auditor of 1,886
45
state. 1,887
(2) As provided by section 6103(d)(2) of the Internal 1,889
Revenue Code, any federal tax returns or federal tax information 1,890
which the department has acquired from the internal revenue 1,891
service, through federal and state statutory authority, may be 1,892
disclosed to the auditor of state solely for purposes of an audit 1,893
of the department. 1,894
(C) Division (A) of this section does not prohibit 1,896
divulging information contained in applications, complaints, and 1,897
related documents filed with the department under section 5715.27 1,898
of the Revised Code, or in applications filed with the department 1,899
under section 5715.39 of the Revised Code. 1,900
(D) Division (A) of this section does not prohibit the 1,902
department of taxation providing information to the division of 1,903
child support within the department of human services, or a child 1,904
support enforcement agency, pursuant to division (G)(2) of 1,905
section 5101.31 of the Revised Code.
(E) Division (A) of this section does not prohibit the 1,908
disclosure to the board of motor vehicle collision repair 1,909
registration of any information in the possession of the 1,910
department that is necessary for the board to verify the 1,912
existence of an applicant's valid vendor's license and current 1,913
state tax identification number under section 4775.07 of the
Revised Code. 1,914
(F) DIVISION (A) OF THIS SECTION DOES NOT PROHIBIT THE 1,916
DEPARTMENT FROM PROVIDING INFORMATION TO THE ADMINISTRATOR OF 1,917
WORKERS' COMPENSATION PURSUANT TO SECTION 4123.591 OF THE REVISED 1,918
CODE.
Sec. 5747.18. The tax commissioner shall enforce and 1,927
administer this chapter. In addition to any other powers 1,928
conferred upon the commissioner by law, the commissioner may: 1,929
(A) Prescribe all forms required to be filed pursuant to 1,931
this chapter; 1,932
(B) Adopt such rules as the commissioner finds necessary 1,934
46
to carry out this chapter; 1,935
(C) Appoint and employ such personnel as are necessary to 1,937
carry out the duties imposed upon the commissioner by this 1,938
chapter.
Any information gained as the result of returns, 1,940
investigations, hearings, or verifications required or authorized 1,941
by this chapter is confidential, and no person shall disclose 1,942
such information, except for official purposes, or as provided by 1,943
section 4123.591, 4507.023 or 5101.182, division (G)(2) of 1,944
section 5101.31 or division (B) of section 5703.21 of the Revised 1,946
Code, or in accordance with a proper judicial order. The tax 1,947
commissioner may furnish the internal revenue service with copies 1,948
of returns or reports filed and may furnish the officer of a 1,949
municipal corporation charged with the duty of enforcing a tax 1,950
subject to Chapter 718. of the Revised Code with the names, 1,951
addresses, and identification numbers of taxpayers who may be 1,952
subject to such tax. A municipal corporation shall use this 1,953
information for tax collection purposes only. This section does 1,954
not prohibit the publication of statistics in a form which does 1,955
not disclose information with respect to individual taxpayers. 1,956
Section 2. That existing sections 121.03, 3304.23, 1,958
3304.231, 4121.12, 4121.121, 4121.37, 4121.44, 4121.63, 4123.343, 1,961
4123.511, 4123.512, 4123.76, 4123.83, 5703.21, and 5747.18 of the
Revised Code are hereby repealed. 1,962
Section 3. The Administrator of Workers' Compensation 1,964
shall submit a series of reports to the Workers' Compensation 1,965
Oversight Commission, the Office of Budget and Management, the 1,966
Legislative Budget Office of the Legislative Service Commission, 1,967
and the General Assembly semiannually during the 1999-2001 1,969
biennium, beginning on or before October 1, 1999, containing
information relative to all of the following: 1,971
(A) The premium cost per worker, which reports the average 1,973
annual cost a state fund employer pays to provide workers' 1,974
compensation coverage for its employees. The premium cost per 1,975
47
worker is calculated by adding together an employer's total 1,976
amounts of premiums and assessments paid during a calendar year 1,977
and dividing that sum by the employer's average number of 1,978
workers. 1,979
(B) The claims cost per worker, which reports the average 1,981
annual benefit cost paid for each worker who is employed by a 1,982
state fund employer during the preceding twelve months. The 1,983
claims cost per worker is calculated by dividing an employer's 1,984
total claim expenses paid during the preceding twelve months by 1,985
the employer's average number of workers. 1,986
(C) The administrative cost per claim, which reports the 1,988
average annual administrative expense a state fund employer pays 1,989
to process a claim. The administrative cost per claim is 1,990
calculated by dividing an employer's total amount of 1,991
administrative expenses incurred during the preceding twelve 1,992
months by the total number of claims the employer processed. 1,993
(D) The direct loss ratio, which measures the relationship 1,995
between an employer's revenues and workers' compensation benefits 1,997
paid to an injured worker during the preceding twelve months; 1,998
(E) The rate of return generated by investments of the 2,000
Bureau of Workers' Compensation; 2,001
(F) The customer service index, which accounts for various 2,003
statistical measures reflecting the Bureau's customer service 2,004
levels; 2,005
(G) The Health Partnership Program performance index, 2,007
which measures the effectiveness of managed care organizations 2,008
working for the bureau and reflects the quality of care, customer 2,009
satisfaction, and cost of care provided by the managed care 2,010
organizations; 2,011
(H) The rate of injury in the state per 1,000 workers; 2,013
(I) The average and median number of days the bureau takes 2,015
to adjudicate an injured worker's medical bill fee; 2,016
(J) The return-to-work rate of state fund employers' 2,018
injured workers who do not receive workers' compensation benefits 2,019
48
for at least ninety days following their injury, which reports 2,020
the number of injured workers who returned to work as a 2,021
percentage of total injuries; 2,022
(K) The average number of days it takes for an employer or 2,024
injured worker to report an injury to the bureau, which is 2,025
calculated by taking the average number of days between the date 2,026
of injury and the date the claim was filed with the bureau; 2,027
(L) The percentage of indemnity claims adjudicated by the 2,029
bureau within fourteen days of the injury. 2,030
Section 4. All items in this section are hereby 2,032
appropriated out of any moneys in the state treasury to the 2,033
credit of the designated fund. For all appropriations made in 2,034
this act, those in the first column are for fiscal year 2000, and 2,035
those in the second column are for fiscal year 2001.
BWC BUREAU OF WORKERS' COMPENSATION 2,036
FND ALI ALI TITLE FY 2000 FY 2001 2,039
Workers' Compensation Fund Group 2,041
4Y6 855-611 J.L. Camera Center 2,044
Rent $ 1,574,038 $ 1,658,233 2,046
4Y6 855-612 J.L. Camera Center 2,048
Operating $ 10,252,544 $ 10,277,047 2,050
023 855-401 William Green Lease 2,052
Payments to OBA $ 16,208,613 $ 16,914,613 2,054
023 855-407 Claims, Risk & 2,056
Medical Management $ 125,639,667 $ 123,976,161 2,058
023 855-408 Fraud Prevention $ 10,570,473 $ 9,733,674 2,062
023 855-409 Administrative 2,064
Services $ 111,478,353 $ 109,171,402 2,066
023 855-410 Attorney General 2,068
Payments $ 3,488,029 $ 3,575,068 2,070
825 855-605 Disabled Workers 2,072
Relief Fund $ 669,354 $ 689,059 2,074
822 855-606 Coal Workers' Fund $ 77,056 $ 78,597 2,078
823 855-608 Marine Industry $ 46,266 $ 47,654 2,082
49
826 855-609 Safety & Hygiene 2,084
Operating $ 18,358,104 $ 18,491,102 2,086
TOTAL WCF Workers' Compensation 2,087
Fund Group $ 298,362,497 $ 294,612,610 2,090
TOTAL ALL BUDGET FUND GROUPS $ 298,362,497 $ 294,612,610 2,093
Safety and Hygiene 2,096
Notwithstanding section 4121.37 of the Revised Code, the 2,098
Administrator of the Bureau of Workers' Compensation shall 2,099
transfer moneys from the State Insurance Fund so that 2,100
appropriation item 855-609, Safety and Hygiene Operating, is
provided $18,358,104 in fiscal year 2000 and $18,491,102 in 2,102
fiscal year 2001.
Workers' Compensation Fraud Unit 2,104
The Workers' Compensation Section Fund (Fund 195) shall 2,106
receive payments from the Bureau of Workers' Compensation at the 2,107
beginning of each quarter of each fiscal year to fund expenses of 2,108
the Workers' Compensation Fraud Unit of the Attorney General's 2,109
Office. Of the foregoing appropriation item 855-410, Attorney 2,110
General Payments, $694,930 in fiscal year 2000 and $714,388 in
fiscal year 2001 shall be used to provide such payments. 2,111
William Green Lease Payments 2,113
The foregoing appropriation item 855-401, William Green 2,115
Lease Payments to OBA, shall be used for lease payments to the 2,116
Ohio Building Authority, and these appropriations shall be used 2,117
to meet all payments at the times they are required to be made 2,118
during the period from July 1, 1999, to June 30, 2001, by the 2,119
Bureau of Workers' Compensation to the Ohio Building Authority
pursuant to leases and agreements made under Chapter 152. of the 2,120
Revised Code and Section 6 of Am. Sub. H.B. 743 of the 118th 2,121
General Assembly. Of the amounts received in Fund 023, 2,122
appropriation item 855-401, up to $33,123,226 shall be restricted 2,123
for lease rental payments to the Ohio Building Authority. If it
is determined that additional appropriations are necessary for 2,124
such purpose, such amounts are hereby appropriated. 2,125
50
Notwithstanding any other provision of law to the contrary, 2,127
all tenants of the William Green Building not funded by the 2,128
Workers' Compensation Fund (Fund 023) shall pay their fair share 2,129
of the costs of lease payments to the Workers' Compensation Fund 2,130
(Fund 023) by intrastate transfer voucher.
Camera Center 2,132
The Camera Center Fund (Fund 4Y6) created in division (F) 2,134
of section 4121.62 of the Revised Code shall receive revenues 2,136
raised by the fees Camera Center charges for its services and 2,137
rent paid by tenants of the Center's facilities. The foregoing 2,138
appropriation item 855-611, J.L. Camera Center Rent, shall be
used to pay rent, including building operating expenses, of the 2,139
J. Leonard Camera Rehabilitation Center in Columbus. The 2,140
foregoing appropriation item 855-612, J.L. Camera Center 2,141
Operating, shall be used for all other expenses for the Center. 2,142
The Bureau of Workers' Compensation shall not consider 2,144
appropriations made to the Camera Center Fund (Fund 4Y6) when 2,145
establishing administrative cost rates.
Balances 2,147
Notwithstanding any provision of law to the contrary, the 2,149
Director of Budget and Management shall make any transfers of 2,150
cash balances between funds made necessary by the creation of new 2,151
funds, or the consolidation of funds as authorized by the General 2,152
Assembly. Within the first five days after the effective date of 2,153
this section, the administering agency head shall certify to the 2,154
director an estimate of the amount of the cash balance to be
transferred to the receiving fund. The director may transfer the 2,155
estimated amount when needed to make payments. Within thirty 2,156
days after the effective date of this section, the administering 2,157
agency head shall certify the final amount to the director. The 2,158
director shall transfer the difference between any estimated
amount previously transferred and such certified final amount. 2,159
To implement such funding changes as described above 2,161
pertaining to prior year encumbrance balances and commensurate 2,162
51
appropriation authority, in fiscal year 2000 the Director of 2,163
Budget and Management may cancel encumbrances outstanding on June 2,164
30, 1999, and reestablish such prior year encumbrances or parts 2,165
of encumbrances as needed in fiscal year 2000 in the appropriate
fund or appropriation item as authorized in this act for the same 2,166
purpose and to the same vendor. As determined by the director, 2,167
the appropriation authority necessary to reestablish such prior 2,168
year encumbrances in fiscal year 2000 in a different fund or 2,169
appropriation item within an agency or between agencies is hereby 2,170
authorized. The director shall reduce each prior year's
appropriation authority by the amount of the encumbrances 2,171
canceled in their respective funds and appropriation items. 2,172
Vocational Rehabilitation 2,174
The Bureau of Workers' Compensation and the Rehabilitation 2,176
Services Commission shall enter into an interagency agreement for 2,177
the provision of vocational rehabilitation services and staff to 2,178
mutually eligible clients. The Bureau shall provide $523,245 in 2,179
fiscal year 2000 and $537,896 in fiscal year 2001 from the State 2,180
Insurance Fund to fund vocational rehabilitation services and 2,181
staff in accordance with the interagency agreement. 2,182
Fund Balance 2,184
Any unencumbered cash balance in excess of $45,000,000 in 2,186
the Workers' Compensation Fund (Fund 023) on the thirtieth day of 2,187
June of each fiscal year shall be used to reduce the 2,188
administrative cost rate charged to employers to cover 2,189
appropriations for Bureau of Workers' Compensation and Industrial 2,190
Commission operations. 2,191
Section 5. Accounting 2,193
Within the limits set forth in this act, the Director of 2,196
Budget and Management shall establish accounts indicating the 2,197
source and amount of funds for each appropriation made in this
act, and shall determine the form and manner in which 2,198
appropriation accounts shall be maintained. 2,199
The appropriations made in this act are subject to all 2,201
52
provisions of the main operating appropriations act of the 123rd 2,202
General Assembly that are generally applicable to such 2,203
appropriations.
Section 6. Reissuance of Voided Warrants 2,205
In order to provide funds for the reissuance of voided 2,207
warrants pursuant to section 117.47 of the Revised Code, there is 2,208
hereby appropriated, out of moneys in the state treasury from the 2,209
fund credited as provided in section 117.47 of the Revised Code, 2,210
that amount sufficient to pay such warrants when approved by the 2,211
Office of Budget and Management. 2,212
Section 7. Judgments Against State 2,214
Any appropriations contained in this act, except those to 2,216
be applied to or used for payment of guarantees by or on behalf 2,217
of the state or for debt service on bonds, notes, or certificates 2,218
of participation, may be used for the purpose of satisfying 2,219
judgments, settlements, or administrative awards ordered or 2,220
approved by the Court of Claims or any other court of competent 2,221
jurisdiction in connection with civil actions against the state. 2,223
Section 8. Reappropriation of Unexpended Balances 2,225
Notwithstanding section 131.33 of the Revised Code, 2,227
unexpended balances of appropriations and reappropriations 2,228
against which encumbrances have been lawfully incurred by the 2,229
Bureau of Workers' Compensation are, at the close of fiscal years 2,230
1999 and 2000, to the extent of such encumbrances, hereby 2,231
reappropriated from the funds from which they were originally 2,232
appropriated and reappropriated and, except for encumbrances for 2,233
items of special order manufacture not available on term contract 2,234
or open market, made available for the purpose of discharging 2,235
such encumbrances for a period of five months from the end of the 2,236
fiscal year. Unexpended balances of appropriations and 2,237
reappropriations against which encumbrances for items of special 2,238
order manufacture not available on term contract or in the open 2,239
market have been lawfully incurred are, at the close of the 2,240
fiscal year, to the extent of such encumbrances, hereby 2,241
53
reappropriated and made available for the purpose of discharging 2,242
such encumbrances for a period of five months from the end of the 2,243
fiscal year or, if the Director of Budget and Management 2,244
approves, for a period of not more than twelve months from the 2,245
end of the fiscal year.
Any items for which unexpended balances are reappropriated 2,247
beyond a five-month period from the end of the fiscal year shall 2,248
be reported to the Controlling Board by the Director of Budget 2,249
and Management. The report on each such item shall include the 2,250
item, the cost of the item, the vendor involved, and the delivery 2,251
date. Such reports to the board shall be updated on a quarterly 2,252
basis while the encumbrance remains open. 2,253
After any such period, reappropriations made for the 2,255
purpose of discharging encumbrances for operating expenses, 2,256
defined as those encumbrances incurred for personal services, 2,257
maintenance, and equipment, are canceled. Reappropriations for 2,258
encumbrances other than operating expenses or items of special 2,259
manufacture not available on term contract or in the open market 2,260
may be extended by obtaining the approval of the Director of 2,261
Budget and Management.
Section 9. Independent and Severable Items 2,263
If any item of law that constitutes the whole or part of a 2,266
codified or uncodified section of law contained in this act, or 2,267
if any application of any item of law that constitutes the whole 2,268
or part of a codified or uncodified section of law contained in 2,269
this act, is held invalid, the invalidity does not affect other 2,270
items of law or applications of items of law that can be given 2,271
effect without the invalid item of law or application. To this 2,272
end, the items of law of which the codified and uncodified 2,273
sections contained in this act are composed, and their 2,274
applications, are independent and severable.
Section 10. Effective Dates-Codified Sections 2,276
The sections of the Revised Code contained in this act, and 2,278
the items of law of which such sections of the Revised Code are 2,279
54
composed, are subject to the referendum. Therefore, under Ohio 2,280
Constitution, Article II, Section 1c and section 1.471 of the 2,281
Revised Code, the sections of the Revised Code contained in this 2,282
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 2,283
act is filed with the Secretary of State. If, however, a 2,284
referendum petition is filed against any section of the Revised 2,285
Code contained in this act, or against any item of law of which 2,286
such a section of the Revised Code is composed, the section or 2,287
item of law, unless rejected at the referendum, takes effect at
the earliest time permitted by law. 2,288
Section 11. Effective Dates-Uncodified Sections 2,290
The uncodified sections of law contained in this act, and 2,293
the items of law of which the uncodified sections of law 2,294
contained in this act are composed, are not subject to the 2,295
referendum. Therefore, under Ohio Constitution, Article II, 2,296
Section 1d and section 1.471 of the Revised Code, the uncodified 2,297
sections of law contained in this act, and the items of law of 2,298
which the uncodified sections of law contained in this act are 2,300
composed go into immediate effect when this act becomes law.
Section 12. Section 121.03 of the Revised Code is 2,302
presented in this act as a composite of the section as amended by 2,303
both Am. Sub. H.B. 7 and Am. Sub. S.B. 162 of the 121st General 2,304
Assembly, with the new language of neither of the acts shown in 2,306
capital letters. This is in recognition of the principle stated 2,307
in division (B) of section 1.52 of the Revised Code that such 2,308
amendments are to be harmonized where not substantively 2,309
irreconcilable and constitutes a legislative finding that such is 2,310
the resulting version in effect prior to the effective date of 2,311
this act.
Section 13. Section 4123.511 of the Revised Code is 2,313
presented in this act as a composite of the section as amended by 2,314
both Am. Sub. H.B. 362 and Am. Sub. H.B. 363 of the 122nd General 2,315
Assembly, with the new language of neither of the acts shown in 2,317
55
capital letters. This is in recognition of the principle stated 2,318
in division (B) of section 1.52 of the Revised Code that such 2,319
amendments are to be harmonized where not substantively 2,320
irreconcilable and constitutes a legislative finding that such is 2,321
the resulting version in effect prior to the effective date of 2,322
this act.