As Passed by the Senate 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 180 5
1999-2000 6
REPRESENTATIVES CORBIN-THOMAS-VESPER-CATES-HOOPS-BUEHRER- 8
CORE-HARRIS-BRITTON-BARRETT-PATTON-OPFER-JONES-SENATORS NEIN- 9
RAY-DRAKE-MUMPER-SPADA-WHITE-GARDNER-WACHTMANN 10
_________________________________________________________________ 12
A B I L L
To amend sections 121.03, 3304.23, 3304.231, 14
4121.12, 4121.121, 4121.37, 4121.44, 4121.63, 15
4123.343, 4123.511, 4123.512, 4123.57, 4123.76, 16
4123.83, 4123.93, 5703.21, and 5747.18 and to 17
enact section 4123.591 of the Revised Code to 18
make appropriations for the Bureau of Workers' 19
Compensation for the biennium beginning July 1,
1999, and ending June 30, 2001, to provide 20
authorization and conditions for the operation of 21
Bureau of Workers' Compensation programs, to
rename the Head Injury Program the Brain Injury 22
Program, and to designate the Administrator of
Workers' Compensation as a member of the Brain 23
Injury Advisory Committee in place of the 24
Industrial Commission Chairperson.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 26
Section 1. That sections 121.03, 3304.23, 3304.231, 28
4121.12, 4121.121, 4121.37, 4121.44, 4121.63, 4123.343, 4123.511, 30
4123.512, 4123.57, 4123.76, 4123.83, 4123.93, 5703.21, and
5747.18 be amended and section 4123.591 of the Revised Code be 32
enacted to read as follows: 33
Sec. 121.03. The following administrative department heads 42
shall be appointed by the governor, with the advice and consent 43
of the senate, and shall hold their offices during the term of 44
2
the appointing governor, except as provided in division (W) of 46
this section, and are subject to removal at the pleasure of the 47
governor.
(A) The director of budget and management; 49
(B) The director of commerce; 51
(C) The director of transportation; 53
(D) The director of agriculture; 55
(E) The director of human services; 58
(F) Until July 1, 1997, the director of liquor control; 60
(G) The director of public safety; 62
(H) The superintendent of insurance; 64
(I) The director of development; 66
(J) The tax commissioner; 68
(K) The director of administrative services; 70
(L) The administrator of the bureau of employment 72
services; 73
(M) The director of natural resources; 75
(N) The director of mental health; 77
(O) The director of mental retardation and developmental 79
disabilities; 80
(P) The director of health; 82
(Q) The director of youth services; 84
(R) The director of rehabilitation and correction; 86
(S) The director of environmental protection; 88
(T) The director of aging; 90
(U) The director of alcohol and drug addiction services; 92
(W)(V) The administrator of workers' compensation who 94
meets the qualifications required under division (A) of section 95
4121.121 of the Revised Code, who shall serve as administrator, 96
subject to removal at the pleasure of the governor, until the 97
date the workers' compensation oversight commission appoints the 99
administrator as provided in division (F)(10) of section 4121.12 101
of the Revised Code.
Sec. 3304.23. (A) There is hereby created in the 110
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rehabilitation services commission a head BRAIN injury program 111
consisting of a program director and at least one support staff 112
person. 113
(B) To the extent that funds are available, the head BRAIN 115
injury program may do the following: 116
(1) Identify existing services in this state to assist 118
survivors and families of survivors of head BRAIN injury; 119
(2) Promote the coordination of services for survivors and 121
families of survivors of head BRAIN injury; 122
(3) Explore options for delivery of services to survivors 124
and families of survivors of head BRAIN injury; 125
(4) Explore the establishment of a traumatic brain injury 127
incidence reporting system to collect information on the 128
incidence and character of traumatic brain injury in this state; 129
(5) Promote practices that will reduce the incidence of 131
head BRAIN injury; 132
(6) Develop training programs on dealing with head BRAIN 134
injury and the special needs of survivors of head BRAIN injury; 135
(7) Identify sources of available funds for services for 137
survivors and families of survivors of head BRAIN injury; 138
(8) Explore options for the delivery of case management 140
services to residents of this state who are survivors of head 141
BRAIN injury; 142
(9) Provide assistance to assure that services for 144
survivors and families of survivors of head BRAIN injury are all 145
of the following: 146
(a) Designed to enhance the survivor's ability to lead an 148
independent and productive life; 149
(b) Available within close proximity of the survivor's 151
home; 152
(c) Provided in the least restrictive environment; 154
(d) Appropriate to the unique needs of the survivor. 156
(C) The staff of the head BRAIN injury program shall 158
prepare a biennial report on the incidence of head BRAIN injury 159
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in this state that shall be submitted to the administrator of the 161
rehabilitation services commission on or before December 15, 162
1992, and every two years thereafter. A copy of the report shall 163
be submitted to the head BRAIN injury advisory committee created 164
under section 3304.231 of the Revised Code. 165
Sec. 3304.231. There is hereby created a head BRAIN injury 174
advisory committee, which shall advise the administrator of the 176
rehabilitation services commission and the head BRAIN injury 177
program with regard to unmet needs of survivors of head BRAIN 179
injury, development of programs for survivors and their families, 180
establishment of training programs for health care professionals, 181
and any other matter within the province of the head BRAIN injury 183
program. The committee shall consist of not less than eighteen 185
and not more than twenty-one members as follows: 186
(A) Not less than ten and not more than twelve members 188
appointed by the administrator of the rehabilitation services 189
commission, including all of the following: a survivor of head 190
BRAIN injury, a relative of a survivor of head BRAIN injury, a 192
licensed physician recommended by the Ohio chapter of the 194
American college of emergency physicians, a licensed physician 195
recommended by the Ohio state medical association, one other 196
health care professional, a rehabilitation professional, an 197
individual who represents the national head BRAIN injury 198
foundation/Ohio, inc. ASSOCIATION OF OHIO, and not less than 200
three nor more than five individuals who shall represent the 201
public;
(B) The directors of the departments of health, alcohol 203
and drug addiction services, mental retardation and developmental 204
disabilities, mental health, human services, and highway safety; 205
the chairperson of the industrial commission ADMINISTRATOR OF 206
WORKERS' COMPENSATION; the superintendent of public instruction; 209
and the administrator of the rehabilitation services commission. 210
Any of the officials specified in this division may designate an 211
individual to serve in the official's place as a member of the 213
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committee.
The director of health shall make initial appointments to 215
the committee by November 1, 1990. Appointments made after July 217
26, 1991, shall be made by the administrator of the 219
rehabilitation services commission. Terms of office shall be two 220
years. Members may be reappointed. Vacancies shall be filled in 221
the manner provided for original appointments. Any member 222
appointed to fill a vacancy occurring prior to the expiration 223
date of the term for which the member's predecessor was appointed 224
shall hold office as a member for the remainder of that term. 225
Members of the committee shall serve without compensation, 228
but shall be reimbursed for actual and necessary expenses
incurred in the performance of their duties. 229
Sec. 4121.12. (A) There is hereby created the workers' 238
compensation oversight commission consisting of nine members, of 239
which members the governor shall appoint five with the advice and 240
consent of the senate. Of the five members the governor 241
appoints, two shall be individuals who, on account of their 243
previous vocation, employment, or affiliations, can be classed as 244
representative of employees, at least one of whom is
representative of employees who are members of an employee 245
organization; two shall be individuals who, on account of their 246
previous vocation, employment, or affiliations, can be classed as 247
representative of employers, one of whom represents self-insuring 248
employers and one of whom has experience as an employer in 249
compliance with section 4123.35 of the Revised Code other than a 250
self-insuring employer, and one of those two representatives also
shall represent employers whose employees are not members of an 251
employee organization; and one shall represent the public and 252
also be an individual who, on account of the individual's 253
previous vocation, employment, or affiliations, cannot be classed 254
as either predominantly representative of employees or of 255
employers. The governor shall select the chairperson of the 256
commission who shall serve as chairperson at the pleasure of the 257
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governor. No more than three members appointed by the governor 259
shall belong to or be affiliated with the same political party. 260
Each of these five members shall have at least three years' 262
experience in the field of insurance, finance, workers' 263
compensation, law, accounting, actuarial, personnel, investments, 264
or data processing, or in the management of an organization whose 265
size is commensurate with that of the bureau of workers' 266
compensation. At least one of these five members shall be an 267
attorney licensed under Chapter 4705. of the Revised Code to 268
practice law in this state. 269
(B) Of the initial appointments made to the commission, 272
the governor shall appoint one member who represents employees to 273
a term ending one year after September 1, 1995, one member who 274
represents employers to a term ending two years after September 276
1, 1995, the member who represents the public to a term ending 278
three years after September 1, 1995, one member who represents
employees to a term ending four years after September 1, 1995, 280
and one member who represents employers to a term ending five 281
years after September 1, 1995. Thereafter, terms of office shall
be for five years, with each term ending on the same day of the 282
same month as did the term that it succeeds. Each member shall 283
hold office from the date of the member's appointment until the 284
end of the term for which the member was appointed. 286
The governor shall not appoint any person to more than two 288
full terms of office on the commission. This restriction does 289
not prevent the governor from appointing a person to fill a 290
vacancy caused by the death, resignation, or removal of a 291
commission member and also appointing that person twice to full 292
terms on the commission, or from appointing a person previously 293
appointed to fill less than a full term twice to full terms on 294
the commission. Any member appointed to fill a vacancy occurring 295
prior to the expiration date of the term for which the member's 297
predecessor was appointed shall hold office as a member for the
remainder of that term. A member shall continue in office 298
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subsequent to the expiration date of the member's term until a 299
successor takes office or until a period of sixty days has 300
elapsed, whichever occurs first. 301
(C) In making appointments to the commission, the governor 303
shall select the members from the list of names submitted by the 305
workers' compensation oversight commission nominating committee 306
pursuant to this division. Within fourteen days after the 307
governor calls the initial meeting of the nominating committee
pursuant to division (C) of section 4121.123 of the Revised Code, 308
the nominating committee shall submit to the governor, for the 309
initial appointments, a list containing four separate names for 310
each of the members on the commission. Within fourteen days 312
after the submission of the list, the governor shall appoint 313
individuals from the list.
For the appointment of the member who is representative of 315
employees who are members of an employee organization, both for 316
initial appointments and for the filling of vacancies, the list 317
of four names submitted by the nominating committee shall be 318
comprised of four individuals who are members of the executive 319
committee of the largest statewide labor federation.
Thereafter, within sixty days after a vacancy occurring as 322
a result of the expiration of a term and within thirty days after 323
other vacancies occurring on the commission, the nominating
committee shall submit a list containing four names for each 324
vacancy. Within fourteen days after the submission of the list, 325
the governor shall appoint individuals from the list. With 326
respect to the filling of vacancies, the nominating committee 327
shall provide the governor with a list of four individuals who 328
are, in the judgment of the nominating committee, the most fully 329
qualified to accede to membership on the commission. The 330
nominating committee shall not include the name of an individual 331
upon the list for the filling of vacancies if the appointment of
that individual by the governor would result in more than three 332
members of the commission belonging to or being affiliated with 333
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the same political party. The committee shall include on the 334
list for the filling of vacancies only the names of attorneys 335
admitted to practice law in this state if, to fulfill the
requirement of division (A) of section 4121.12 of the Revised 336
Code, the vacancy must be filled by an attorney. 337
In order for the name of an individual to be submitted to 339
the governor under this division, the nominating committee shall 340
approve the individual by an affirmative vote of a majority of 341
its members.
(D) The remaining four members of the commission shall be 344
the chairperson and ranking minority member of the standing 345
committees of the house of representatives and of the senate to
which legislation concerning this chapter and Chapters 4123., 346
4127., and 4131. of the Revised Code normally are referred, or a 348
designee of the chairperson or ranking minority member, provided 349
that the designee is a member of the standing committee. 350
Legislative members shall serve during the session of the general 351
assembly to which they are elected and for as long as they are 352
members of the general assembly. Legislative members shall serve 353
in an advisory capacity to the commission and shall have no 354
voting rights on matters coming before the commission. 355
Membership on the commission by legislative members shall not be
deemed as holding a public office. 356
(E) All members of the commission shall receive their 359
reasonable and necessary expenses pursuant to section 126.31 of 360
the Revised Code while engaged in the performance of their duties 362
as members. Legislative members also shall receive fifty dollars 363
per meeting that they attend. Members appointed by the governor 364
also shall receive an annual salary as follows:
(1) On and before August 31, 1998, not to exceed six 367
thousand dollars payable at the rate of five hundred dollars per 368
month. A member shall receive the monthly five hundred dollar 369
salary only if the member has attended at least one meeting of 371
the commission during that month. A member may receive no more
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than the monthly five hundred dollar salary regardless of the 372
number of meetings held by the commission during a month or the 373
number of meetings in excess of one within a month that the 374
member attends.
(2) After August 31, 1998, not to exceed eighteen thousand 377
dollars payable on the following basis:
(a) Except as provided in division (E)(2)(b) of this 380
section, a member shall receive two thousand dollars during a 382
month in which the member attends one or more meetings of the 384
commission and shall receive no payment during a month in which 385
the member attends no meeting of the commission. 386
(b) A member may receive no more than the annual eighteen 388
thousand dollar salary regardless of the number of meetings held 390
by the commission during a year or the number of meetings in 392
excess of nine within a year that the member attends. 394
The chairperson of the commission shall set the meeting 396
dates of the commission as necessary to perform the duties of the 397
commission under this chapter and Chapters 4123., 4127., and 398
4131. of the Revised Code. The commission shall meet at least 399
nine times during the period commencing on the first day of 401
September and ending on the thirty-first day of August of the 402
following year. The administrator of workers' compensation shall 403
provide professional and clerical assistance to the commission, 405
as the commission considers appropriate. 406
(F) The commission shall: 408
(1) Review progress of the bureau in meeting its cost and 411
quality objectives and in complying with this chapter and 412
Chapters 4123., 4127., and 4131. of the Revised Code; 413
(2) Issue an annual report on the cost and quality 415
objectives of the bureau to the president of the senate, the 417
speaker of the house of representatives, and the governor; 418
(3) Review all independent financial audits of the bureau. 420
The administrator shall provide access to records of the bureau 421
to facilitate the review required under this division. 422
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(4) Study issues as requested by the administrator or the 424
governor;
(5) Contract with an independent actuarial firm to assist 426
the commission in making recommendations to the administrator 427
regarding premium rates;
(6) Establish objectives, policies, and criteria for the 430
administration of the investment program that include asset 432
allocation targets and ranges, risk factors, asset class
benchmarks, time horizons, total return objectives, and 433
performance evaluation guidelines, and monitor the 435
administrator's progress in implementing the objectives, 436
policies, and criteria on a quarterly basis. The commission
shall publish the objectives, policies, and criteria no less than 438
annually and shall make copies available to interested parties. 439
The commission shall prohibit, on a prospective basis, specific 441
investment activity it finds to be contrary to its investment
objectives, policies, and criteria. 442
The investment policy in existence on March 7, 1997, shall 445
continue until the commission approves objectives, policies, and
criteria for the administration of the investment program 446
pursuant to this section. 447
(7) Advise and consent on all of the following: 449
(a) Administrative rules the administrator submits to it 452
pursuant to division (B)(5) of section 4121.121 of the Revised
Code for the classification of occupations or industries, for 454
premium rates and contributions, for the amount to be credited to 455
the surplus fund, for rules and systems of rating, rate 456
revisions, and merit rating;
(b) The overall policy of the bureau of workers' 459
compensation as set by the administrator;
(c) The duties and authority conferred upon the 461
administrator pursuant to section 4121.37 of the Revised Code; 462
(d) Rules the administrator adopts for the health 464
partnership program and the qualified health plan system, as 465
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provided in sections 4121.44, 4121.441, and 4121.442 of the 466
Revised Code.
(8) Perform all duties required under section 4121.125 of 468
the Revised Code; 469
(9) After August 31, 2000, appoint an administrator who 471
meets the qualifications required under section 4121.121 of the 473
Revised Code and fix the salary of the administrator, the amount 475
of which the commission shall base upon the experience of the 477
administrator and the responsibilities and duties of the
administrator pursuant to this chapter and Chapters 4123., 4127., 478
and 4131. of the Revised Code. 479
(G) The commission may enter into an employment contract 481
with an administrator it appoints, provided that the contract 482
does not exceed two years in length. 483
(H) As used in this section, "employee organization" means 485
any labor or bona fide organization in which employees 487
participate and which exists for the purpose, in whole or in 489
part, of dealing with employers concerning grievances, labor 490
disputes, wages, hours, terms and other conditions of employment. 491
Sec. 4121.121. (A) There is hereby created the bureau of 500
workers' compensation, which shall be administered by the 501
administrator of workers' compensation. A person appointed to 502
the position of administrator shall possess significant 503
management experience in effectively managing an organization or 504
organizations of substantial size and complexity. The governor 505
shall appoint the administrator as provided in section 121.03 of
the Revised Code, and the administrator shall serve at the 507
pleasure of the governor. The governor shall fix the
administrator's salary on the basis of the administrator's 509
experience and the administrator's responsibilities and duties 510
under this chapter and Chapter CHAPTERS 4123., 4127., and 4131. 511
of the Revised Code. The governor shall not appoint to the 512
position of administrator any person who has, or whose spouse 513
has, given a contribution to the campaign committee of the 514
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governor in an amount greater than one thousand dollars during 515
the two-year period immediately preceding the date of the 516
appointment of the administrator. After August 31, 2000, the 517
workers' compensation oversight commission shall appoint the 518
administrator as provided in division (F)(9) of section 4121.12 519
of the Revised Code, and the administrator shall serve at the 520
pleasure of the oversight commission. The oversight commission 521
shall fix the administrator's salary on the basis of the 522
administrator's experience and the administrator's 523
responsibilities and duties under this chapter and Chapters 524
4123., 4127., and 4131. of the Revised Code. 525
The administrator shall hold no other public office and 527
shall devote full time to the duties of administrator. Before 529
entering upon the duties of the office, the administrator shall 530
take an oath of office as required by sections 3.22 and 3.23 of 531
the Revised Code, and shall file in the office of the secretary 532
of state, a bond signed by the administrator and by surety
approved by the governor, for the sum of fifty thousand dollars 533
payable to the state, conditioned upon the faithful performance 534
of the administrator's duties. 535
(B) The administrator is responsible for the management of 538
the bureau of workers' compensation and for the discharge of all 539
administrative duties imposed upon the administrator in this 540
chapter and Chapters 4123., 4127., and 4131. of the Revised Code, 541
and in the discharge thereof shall do all of the following: 542
(1) Establish the overall administrative policy of the 545
bureau for the purposes of this chapter and Chapters 4123.,
4127., and 4131. of the Revised Code, and perform all acts and 546
exercise all authorities and powers, discretionary and otherwise 548
that are required of or vested in the bureau or any of its 549
employees in this chapter and Chapters 4123., 4127., and 4131. of 550
the Revised Code, except the acts and the exercise of authority 551
and power that is required of and vested in the oversight 552
commission or the industrial commission pursuant to those 553
13
chapters. The treasurer of state shall honor all warrants signed 554
by the administrator, or by one or more of the administrator's 555
employees, authorized by the administrator in writing, or bearing 557
the facsimile signature of the administrator or such employee 558
under sections 4123.42 and 4123.44 of the Revised Code. 559
(2) Employ, direct, and supervise all employees required 561
in connection with the performance of the duties assigned to the 562
bureau by this chapter and Chapters 4123., 4127., and 4131. of 563
the Revised Code, and may establish job classification plans and 564
compensation for all employees of the bureau provided that this 565
grant of authority shall not be construed as affecting any 566
employee for whom the state employment relations board has 567
established an appropriate bargaining unit under section 4117.06 568
of the Revised Code. All positions of employment in the bureau 569
are in the classified civil service except those employees the 570
administrator may appoint to serve at the administrator's 571
pleasure in the unclassified civil service pursuant to section 572
124.11 of the Revised Code. The administrator shall fix the 573
salaries of employees the administrator appoints to serve at the 575
administrator's pleasure, including the chief operating officer, 576
staff physicians, and other senior management personnel of the
bureau and shall establish the compensation of staff attorneys of 577
the bureau's legal section and their immediate supervisors, and 578
take whatever steps are necessary to provide adequate 579
compensation for other staff attorneys. 580
The administrator may appoint a person holding a certified 582
position in the classified service to any state position in the 583
unclassified service of the bureau of workers' compensation. A 584
person so appointed shall retain the right to resume the position 586
and status held by the person in the classified service
immediately prior to the person's appointment in the unclassified 588
service. If the position the person previously held has been 589
filled or placed in the unclassified service, or is otherwise 590
unavailable, the person shall be appointed to a position in the 591
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classified service within the bureau that the department of 592
administrative services certifies is comparable in compensation
to the position the person previously held. Reinstatement to a 593
position in the classified service shall be to a position 594
substantially equal to that held previously, as certified by the 595
department of administrative services. Service in the position 596
in the unclassified service shall be counted as service in the 598
position in the classified service held by the person immediately 599
prior to the person's appointment in the unclassified service. 600
when WHEN a person is reinstated to a position in the classified 602
service as provided in this section, the person is entitled to 603
all rights, status, and benefits accruing to the position during 604
the person's time of service in the position in the unclassified 605
service. 606
(3) Reorganize the work of the bureau, its sections, 608
departments, and offices to the extent necessary to achieve the 609
most efficient performance of its functions and to that end may 610
establish, change, or abolish positions and assign and reassign 611
duties and responsibilities of every employee of the bureau. All 612
persons employed by the commission in positions that, after 613
November 3, 1989, are supervised and directed by the 614
administrator under this section are transferred to the bureau in 615
their respective classifications but subject to reassignment and 616
reclassification of position and compensation as the 617
administrator determines to be in the interest of efficient 618
administration. The civil service status of any person employed 619
by the commission is not affected by this section. Personnel 620
employed by the bureau or the commission who are subject to 621
Chapter 4117. of the Revised Code shall retain all of their 622
rights and benefits conferred pursuant to that chapter as it 623
presently exists or is hereafter amended and nothing in this 624
chapter or Chapter 4123. of the Revised Code shall be construed 625
as eliminating or interfering with Chapter 4117. of the Revised 626
Code or the rights and benefits conferred under that chapter to 627
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public employees or to any bargaining unit. 628
(4) Provide offices, equipment, supplies, and other 630
facilities for the bureau. The administrator also shall provide 632
suitable office space in the service offices for the district 633
hearing officers, the staff hearing officers, and commission 634
employees as requested by the commission.
(5) Prepare and submit to the oversight commission 636
information the administrator considers pertinent or the 637
oversight commission requires, together with the administrator's 639
recommendations, in the form of administrative rules, for the 640
advice and consent of the oversight commission, for 641
classifications of occupations or industries, for premium rates 642
and contributions, for the amount to be credited to the surplus 643
fund, for rules and systems of rating, rate revisions, and merit 644
rating. The administrator shall obtain, prepare, and submit any 645
other information the oversight commission requires for the 647
prompt and efficient discharge of its duties.
(6) Keep the accounts required by division (A) of section 649
4123.34 of the Revised Code and all other accounts and records 650
necessary to the collection, administration, and distribution of 651
the workers' compensation funds and shall obtain the statistical 652
and other information required by section 4123.19 of the Revised 653
Code. 654
(7) Exercise the investment powers vested in the 656
administrator by section 4123.44 of the Revised Code in 657
accordance with the investment objectives, policies, and criteria 659
established by the oversight commission pursuant to section 660
4121.12 of the Revised Code. The administrator shall not engage 661
in any prohibited investment activity specified by the oversight 662
commission pursuant to division (F)(6) of section 4121.12 of the 663
Revised Code. All business shall be transacted, all funds 664
invested, all warrants for money drawn and payments made, and all 665
cash and securities and other property held, in the name of the 666
bureau, or in the name of its nominee, provided that nominees are
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authorized by the administrator solely for the purpose of 668
facilitating the transfer of securities, and restricted to the 669
administrator and designated employees. 670
(8) Make contracts for and supervise the construction of 673
any project or improvement or the construction or repair of 674
buildings under the control of the bureau. 675
(9) Purchase supplies, materials, equipment, and services; 677
make contracts for, operate, and superintend the telephone, other 678
telecommunication, and computer services for the use of the 679
bureau; and make contracts in connection with office 680
reproduction, forms management, printing, and other services. 681
Notwithstanding sections 125.12 to 125.14 of the Revised Code, 682
the administrator may transfer surplus computers and computer
equipment directly to an accredited public school within the 683
state. The computers and computer equipment may be repaired or 684
refurbished prior to the transfer. 685
(10) Separately from the budget the industrial commission 688
submits, prepare and submit to the director of budget and 689
management a budget for each biennium. The budget submitted 690
shall include estimates of the costs and necessary expenditures 691
of the bureau in the discharge of any duty imposed by law as well 692
as the costs of furnishing office space to the district hearing 693
officers, staff hearing officers, and commission employees under 694
division (D) of this section. 695
(11) As promptly as possible in the course of efficient 697
administration, decentralize and relocate such of the personnel 698
and activities of the bureau as is appropriate to the end that 699
the receipt, investigation, determination, and payment of claims 700
may be undertaken at or near the place of injury or the residence 701
of the claimant and for that purpose establish regional offices, 702
in such places as the administrator considers proper, capable of 704
discharging as many of the functions of the bureau as is 705
practicable so as to promote prompt and efficient administration 706
in the processing of claims. All active and inactive lost-time 707
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claims files shall be held at the service office responsible for 708
the claim. A claimant, at the claimant's request, shall be 709
provided with information by telephone as to the location of the 711
file pertaining to claim. The administrator shall ensure that 712
all service office employees report directly to the director for 713
their service office.
(12) Provide a written binder on new coverage where the 715
administrator considers it to be in the best interest of the 716
risk. The administrator, or any other person authorized by the 717
administrator, shall grant the binder upon submission of a 719
request for coverage by the employer. A binder is effective for 720
a period of thirty days from date of issuance and is 721
nonrenewable. Payroll reports and premium charges shall coincide 722
with the effective date of the binder. 723
(13) Set standards for the reasonable and maximum handling 725
time of claims payment functions, ensure, by rules, the impartial 726
and prompt treatment of all claims and employer risk accounts, 727
and establish a secure, accurate method of time stamping all 728
incoming mail and documents hand delivered to bureau employees. 729
(14) Ensure that all employees of the bureau follow the 731
orders and rules of the commission as such orders and rules 732
relate to the commission's overall adjudicatory policy-making and 733
management duties under this chapter and Chapters 4123., 4127., 734
and 4131. of the Revised Code. 735
(15) Manage and operate a data processing system with a 737
common data base for the use of both the bureau and the 738
commission and, in consultation with the commission, using 739
electronic data processing equipment, shall develop a claims 740
tracking system that is sufficient to monitor the status of a 741
claim at any time and that lists appeals that have been filed and 742
orders or determinations that have been issued pursuant to 743
section 4123.511 or 4123.512 of the Revised Code, including the 744
dates of such filings and issuances. 745
(16) Establish and maintain a medical section within the 747
18
bureau. The medical section shall do all of the following: 748
(a) Assist the administrator in establishing standard 750
medical fees, approving medical procedures, and determining 751
eligibility and reasonableness of the compensation payments for 752
medical, hospital, and nursing services, and in establishing 753
guidelines for payment policies which recognize usual, customary, 754
and reasonable methods of payment for covered services; 755
(b) Provide a resource to respond to questions from claims 757
examiners for employees of the bureau; 758
(c) Audit fee bill payments; 760
(d) Implement a program to utilize, to the maximum extent 762
possible, electronic data processing equipment for storage of 763
information to facilitate authorizations of compensation payments 764
for medical, hospital, drug, and nursing services; 765
(e) Perform other duties assigned to it by the 767
administrator. 768
(17) Appoint, as the administrator determines necessary, 770
panels to review and advise the administrator on disputes arising 772
over a determination that a health care service or supply 773
provided to a claimant is not covered under this chapter or 774
Chapter 4123. of the Revised Code or is medically unnecessary. 775
If an individual health care provider is involved in the dispute, 776
the panel shall consist of individuals licensed pursuant to the 777
same section of the Revised Code as such health care provider. 778
(18) Pursuant to section 4123.65 of the Revised Code, 780
approve applications for the final settlement of claims for 781
compensation or benefits under this chapter and Chapters 4123., 782
4127., and 4131. of the Revised Code as the administrator 783
determines appropriate, except in regard to the applications of 785
self-insuring employers and their employees. 786
(19) Comply with section 3517.13 of the Revised Code, and 788
except in regard to contracts entered into pursuant to the 790
authority contained in section 4121.44 of the Revised Code,
comply with the competitive bidding procedures set forth in the 792
19
Revised Code for all contracts into which the administrator 793
enters provided that those contracts fall within the type of 794
contracts and dollar amounts specified in the Revised Code for 795
competitive bidding and further provided that those contracts are
not otherwise specifically exempt from the competitive bidding 796
procedures contained in the Revised Code. 797
(20) Adopt, with the advice and consent of the oversight 799
commission, rules for the operation of the bureau. 800
(21) Prepare and submit to the oversight commission 802
information the administrator considers pertinent or the 803
oversight commission requires, together with the administrator's 804
recommendations, in the form of administrative rules, for the 805
advice and consent of the oversight commission, for the health 806
partnership program and the qualified health plan system, as
provided in sections 4121.44, 4121.441, and 4121.442 of the 807
Revised Code.
(C) The administrator, with the advice and consent of the 809
senate, shall appoint a chief operating officer who has 811
significant experience in the field of workers' compensation 812
insurance or other similar insurance industry experience if the
administrator does not possess such experience. The chief 813
operating officer shall not commence the chief operating 814
officer's duties until after the senate consents to the chief 815
operating officer's appointment. The chief operating officer 816
shall serve in the unclassified civil service of the state. 817
Sec. 4121.37. The administrator of workers' compensation 826
having, by virtue of Section 35 of Article II, Ohio Constitution, 827
the expenditure of the fund therein created for the investigation 828
and prevention of industrial accidents and diseases, shall, with 829
the advice and consent of the workers' compensation oversight 830
commission, in the exercise of the administrator's authority and 831
in the performance of the administrator's duty, employ a 832
superintendent and the necessary experts, engineers,
investigators, clerks, and stenographers for the efficient 833
20
operation of a division of safety and hygiene of the bureau of 834
workers' compensation, which is hereby created. 835
The general assembly hereby declares that in furtherance of 837
the authority granted to the administrator pursuant to Section 35 838
of Article II, Ohio Constitution, and to encourage public 839
employers to operate and maintain safe places of employment for 840
public employees of this state, the administrator, with the 842
advice and consent of the oversight commission, may transfer 843
funds, certified as provided in section 126.07 of the Revised 845
Code, from the safety and hygiene fund to the occupational safety 847
loan fund created in section 4121.48 of the Revised Code, for the 848
purposes of that section. 849
The administrator of workers' compensation, with the advice 852
and consent of the oversight commission, shall pay into the
safety and hygiene fund, which is hereby created in the state 854
treasury, the portion of the contributions paid by employers, 855
calculated as though all employers paid premiums based upon 856
payroll, not to exceed three-fourths of one ONE per cent thereof 857
in any year, as is necessary for the payment of the salary of the 858
superintendent of the division of safety and hygiene and the 859
compensation of the other employees of the division of safety and 860
hygiene, and the expenses of investigations and researches for 861
the prevention of industrial accidents and diseases. All 862
investment earning of the fund shall be credited to the fund. 863
The administrator has the same powers to invest any of the funds 864
belonging to the fund as are delegated to the administrator under 865
section 4123.44 of the Revised Code with respect to the state 866
insurance fund. The superintendent, under the direction of the 868
administrator, with the advice and consent of the oversight 869
commission, shall conduct investigations and researches for the
prevention of industrial accidents and diseases, conduct loss 870
prevention programs and courses for employers, establish and 871
administrate cooperative programs with employers for the purchase 872
of individual safety equipment for employees, and print and 873
21
distribute information as may be of benefit to employers and 874
employees. The administrator shall pay from the safety and 875
hygiene fund the salary of the superintendent of the division of 876
safety and hygiene, the compensation of the other employees of 878
the division of safety and hygiene, the expenses necessary or 879
incidental to investigations and researches for the prevention of 880
industrial accidents and diseases, and the cost of printing and 882
distributing such information.
The superintendent, under the direction of the 884
administrator, shall prepare an annual report, addressed to the 885
governor, on the amount of the expenditures and the purposes for 886
which they have been made, and the results of the investigations 887
and researches. The administrator shall include the 888
administrative costs, salaries, and other expenses of the 889
division of safety and hygiene as a part of the budget of the 890
bureau of workers' compensation that is submitted to the director 892
of budget and management and shall identify those expenditures
separately from other bureau expenditures. 893
The superintendent shall be a competent person with at 895
least five years' experience in industrial accident or disease 896
prevention work. The superintendent and up to six positions in 897
the division of safety and hygiene as the administrator, with the 898
advice and consent of the oversight commission, designates are in 899
the unclassified civil service of the state as long as the 900
administrator, with the advice and consent of the oversight 901
commission, determines the positions subordinate to the 902
superintendent are primarily and distinctively administrative, 903
managerial, or professional in character. All other full-time 904
employees of the division of safety and hygiene are in the 905
classified civil service of the state. 906
Sec. 4121.44. (A) The administrator of workers' 915
compensation shall oversee the implementation of the Ohio 916
workers' compensation qualified health plan system as established 917
under section 4121.442 of the Revised Code. 918
22
(B) The administrator shall direct the implementation of 921
the health partnership program administered by the bureau as set 922
forth in section 4121.441 of the Revised Code. To implement the 923
health partnership program, the bureau:
(1) Shall certify one or more external vendors, WHICH 925
SHALL BE KNOWN AS "MANAGED CARE ORGANIZATIONS," to provide 926
medical management and cost containment services in the health 927
partnership program for a period of two years beginning on the 929
date of certification, consistent with the standards established 930
under this section;
(2) May recertify external vendors for an additional 933
period PERIODS of two years upon the expiration of the 934
certification set forth in division (B)(1) of this section; and 936
(3) May integrate the certified vendors with bureau staff 939
and existing bureau services for purposes of operation and
training to allow the bureau to assume operation of the health 940
partnership program at the conclusion of the certification 942
periods set forth in division (B)(1) or (2) of this section. 943
(C) Any vendor selected shall demonstrate all of the 945
following: 946
(1) Arrangements and reimbursement agreements with a 948
substantial number of the medical, professional and pharmacy 949
providers currently being utilized by claimants. 950
(2) Ability to accept a common format of medical bill data 952
in an electronic fashion from any provider who wishes to submit 953
medical bill data in that form. 954
(3) A computer system able to handle the volume of medical 956
bills and willingness to customize that system to the bureau's 958
needs and to be operated by the vendor's staff, bureau staff, or 959
some combination of both staffs.
(4) A prescription drug system where pharmacies on a 961
statewide basis have access to the eligibility and pricing, at a 962
discounted rate, of all prescription drugs. 963
(5) A tracking system to record all telephone calls from 965
23
claimants and providers regarding the status of submitted medical 967
bills so as to be able to track each inquiry.
(6) Data processing capacity to absorb all of the bureau's 969
medical bill processing or at least that part of the processing 970
which the bureau arranges to delegate. 971
(7) Capacity to store, retrieve, array, simulate, and 973
model in a relational mode all of the detailed medical bill data 974
so that analysis can be performed in a variety of ways and so 975
that the bureau and its governing authority can make informed 976
decisions. 977
(8) Wide variety of software programs which translate 979
medical terminology into standard codes, and which reveal if a 980
provider is manipulating the procedures codes, commonly called 982
"unbundling."
(9) Necessary professional staff to conduct, at a minimum, 984
authorizations for treatment, medical necessity, utilization 985
review, concurrent review, post-utilization review, and have the 986
attendant computer system which supports such activity and 987
measures the outcomes and the savings. 988
(10) Management experience and flexibility to be able to 990
react quickly to the needs of the bureau in the case of required 991
change in federal or state requirements. 992
(D)(1) INFORMATION CONTAINED IN A VENDOR'S APPLICATION FOR 996
CERTIFICATION IN THE HEALTH PARTNERSHIP PROGRAM, AND OTHER 997
INFORMATION FURNISHED TO THE BUREAU BY A VENDOR FOR PURPOSES OF 998
OBTAINING CERTIFICATION OR TO COMPLY WITH PERFORMANCE AND 999
FINANCIAL AUDITING REQUIREMENTS ESTABLISHED BY THE ADMINSTRATOR, 1,001
IS FOR THE EXCLUSIVE USE AND INFORMATION OF THE BUREAU IN THE 1,002
DISCHARGE OF ITS OFFICIAL DUTIES, AND SHALL NOT BE OPEN TO THE 1,003
PUBLIC OR BE USED IN ANY COURT IN ANY PROCEEDING PENDING THEREIN, 1,004
UNLESS THE BUREAU IS A PARTY TO THE ACTION OR PROCEEDING, BUT THE 1,005
INFORMATION MAY BE TABULATED AND PUBLISHED BY THE BUREAU IN 1,006
STATISTICAL FORM FOR THE USE AND INFORMATION OF OTHER STATE 1,007
DEPARTMENTS AND THE PUBLIC. NO EMPLOYEE OF THE BUREAU, EXCEPT AS 1,008
24
OTHERWISE AUTHORIZED BY THE ADMINISTRATOR, SHALL DIVULGE ANY 1,009
INFORMATION SECURED BY THE EMPLOYEE WHILE IN THE EMPLOY OF THE 1,010
BUREAU IN RESPECT TO A VENDOR'S APPLICATION FOR CERTIFICATION OR 1,011
IN RESPECT TO THE BUSINESS OR OTHER TRADE PROCESSES OF ANY VENDOR 1,012
TO ANY PERSON OTHER THAN THE ADMINISTRATOR OR TO THE EMPLOYEE'S 1,013
SUPERIOR. 1,014
(2) NOTWITHSTANDING THE RESTRICTIONS IMPOSED BY DIVISION 1,016
(D)(1) OF THIS SECTION, THE GOVERNOR, MEMBERS OF SELECT OR 1,017
STANDING COMMITTEES OF THE SENATE OR HOUSE OF REPRESENTATIVES,
THE AUDITOR OF STATE, THE ATTORNEY GENERAL, OR THEIR DESIGNEES, 1,018
PURSUANT TO THE AUTHORITY GRANTED IN THIS CHAPTER AND CHAPTER 1,019
4123. OF THE REVISED CODE, MAY EXAMINE ANY VENDOR APPLICATION OR 1,021
OTHER INFORMATION FURNISHED TO THE BUREAU BY THE VENDOR. NONE OF 1,022
THOSE INDIVIDUALS SHALL DIVULGE ANY INFORMATION SECURED IN THE
EXERCISE OF THAT AUTHORITY IN RESPECT TO A VENDOR'S APPLICATION 1,023
FOR CERTIFICATION OR IN RESPECT TO THE BUSINESS OR OTHER TRADE 1,024
PROCESSES OF ANY VENDOR TO ANY PERSON. 1,025
(E) ON AND AFTER JANUARY 1, 2001, A VENDOR SHALL NOT BE 1,028
ANY INSURANCE COMPANY HOLDING A CERTIFICATE OF AUTHORITY ISSUED 1,029
PURSUANT TO TITLE XXXIX OF THE REVISED CODE OR ANY HEALTH 1,031
INSURING CORPORATION HOLDING A CERTIFICATE OF AUTHORITY UNDER 1,032
CHAPTER 1751. OF THE REVISED CODE. 1,033
(F) The administrator may limit freedom of choice of 1,036
health care provider or supplier by requiring, beginning with the 1,037
period set forth in division (B)(1) or (2) of this section, that 1,038
claimants shall pay an appropriate out-of-plan co-pay COPAYMENT 1,040
for selecting a medical provider not within the health 1,042
partnership program as provided for in this section.
(E)(G) The administrator, six months prior to the 1,045
expiration of the bureau's certification or recertification of 1,046
the vendor or vendors as set forth in division (B)(1) or (2) of 1,047
this section, may certify and provide evidence to the governor, 1,048
the speaker of the house of representatives, and the president of 1,049
the senate that the existing bureau staff is able to match or 1,050
25
exceed the performance and outcomes of the external vendor or 1,051
vendors and that the bureau should be permitted to internally 1,052
administer the health partnership program upon the expiration of 1,053
the certification or recertification as set forth in division 1,055
(B)(1) or (2) of this section.
(F)(H) The administrator shall establish and operate a 1,057
bureau of workers' compensation health care data program. The 1,060
administrator may contract with the Ohio health care data center 1,061
for such purposes. The administrator shall develop reporting 1,062
requirements from all employees, employers and medical providers, 1,063
medical vendors, and plans that participate in the workers' 1,064
compensation system. The administrator shall do all of the 1,065
following:
(1) Utilize the collected data to measure and perform 1,067
comparison analyses of costs, quality, appropriateness of medical 1,068
care, and effectiveness of medical care delivered by all 1,070
components of the workers' compensation system.
(2) Compile data to support activities of the selected 1,072
vendor or vendors and to measure the outcomes and savings of the 1,073
health partnership program. 1,074
(3) Publish and report compiled data to the governor, the 1,076
speaker of the house of representatives, and the president of the 1,077
senate on the first day of each January and July, the measures of 1,079
outcomes and savings of the health partnership program and the 1,080
qualified health plan system. The administrator shall protect 1,081
the confidentiality of all proprietary pricing data. 1,082
(G)(I) Any rehabilitation facility the bureau operates is 1,084
eligible for inclusion in the Ohio workers' compensation 1,085
qualified health plan system or the health partnership program 1,086
under the same terms as other providers within health care plans 1,087
or the program. 1,088
(H)(J) In areas outside the state or within the state 1,090
where no qualified health plan or an inadequate number of 1,091
providers within the health partnership program exist, the 1,092
26
administrator shall permit employees to use a nonplan or 1,093
nonprogram health care provider and shall pay the provider for 1,094
the services or supplies provided to or on behalf of an employee 1,095
for an injury or occupational disease that is compensable under 1,096
this chapter or Chapter 4123., 4127., or 4131. of the Revised 1,097
Code on a fee schedule the administrator adopts. 1,098
(I)(K) No certified health care provider shall charge, 1,100
assess, or otherwise attempt to collect from an employee, 1,101
employer, a managed care organization, or the bureau any amount 1,102
for covered services or supplies that is in excess of the allowed 1,103
amount paid by a managed care organization, the bureau, or a 1,104
qualified health plan. 1,105
(J)(L) The administrator shall permit any employer or 1,107
group of employers who agree to abide by the rules adopted under 1,108
this section and sections 4121.441 and 4121.442 of the Revised 1,109
Code to provide services or supplies to or on behalf of an 1,110
employee for an injury or occupational disease that is 1,111
compensable under this chapter or Chapter 4123., 4127., or 4131. 1,112
of the Revised Code through qualified health plans of the Ohio 1,113
workers' compensation qualified health plan system pursuant to 1,114
section 4121.442 of the Revised Code or through the health 1,115
partnership program pursuant to section 4121.441 of the Revised 1,116
Code. No amount paid under the qualified health plan system 1,117
pursuant to section 4121.442 of the Revised Code by an employer 1,118
who is a state fund employer shall be charged to the employer's 1,119
experience or otherwise be used in merit-rating or determining 1,120
the risk of that employer for the purpose of the payment of 1,121
premiums under this chapter, and if the employer is a 1,122
self-insuring employer, the employer shall not include that 1,123
amount in the paid compensation the employer reports under 1,124
section 4123.35 of the Revised Code.
Sec. 4121.63. Claimants who the administrator of workers' 1,133
compensation determines could probably be rehabilitated to 1,134
achieve the goals established by section 4121.61 of the Revised 1,135
27
Code and who agree to undergo rehabilitation shall be paid living 1,136
maintenance payments for a period or periods which do not exceed 1,137
six months in the aggregate, unless review by the administrator 1,138
or his THE ADMINISTRATOR'S designee reveals that the claimant 1,139
will be benefited by an extension of such payments. 1,140
Living maintenance payments shall be paid in weekly 1,142
amounts, not to exceed the amount the claimant would receive if 1,143
the claimant were being compensated for temporary total 1,144
disability, but not less than fifty per cent of the current state 1,145
average weekly wage. LIVING MAINTENANCE PAYMENTS SHALL COMMENCE 1,146
AT THE TIME THE CLAIMANT BEGINS TO PARTICIPATE IN AN APPROVED 1,147
REHABILITATION PROGRAM.
A claimant receiving living maintenance payments shall be 1,149
deemed to be temporarily totally disabled and shall receive no 1,150
payment of any type of compensation except as provided by 1,151
division (B) of section 4123.57 of the Revised Code for the 1,152
periods during which the claimant is receiving living maintenance 1,153
payments. 1,154
Sec. 4123.343. This section shall be construed liberally 1,163
to the end that employers shall be encouraged to employ and 1,164
retain in their employment handicapped employees as defined in 1,165
this section. 1,166
(A) As used in this section, "handicapped employee" means 1,168
an employee who is afflicted with or subject to any physical or 1,169
mental impairment, or both, whether congenital or due to an 1,170
injury or disease of such character that the impairment 1,171
constitutes a handicap in obtaining employment or would 1,172
constitute a handicap in obtaining reemployment if the employee 1,173
should become unemployed and whose handicap is due to any of the 1,174
following diseases or conditions: 1,175
(1) Epilepsy; 1,177
(2) Diabetes; 1,179
(3) Cardiac disease; 1,181
(4) Arthritis; 1,183
28
(5) Amputated foot, leg, arm, or hand; 1,185
(6) Loss of sight of one or both eyes or a partial loss of 1,187
uncorrected vision of more than seventy-five per cent 1,188
bilaterally; 1,189
(7) Residual disability from poliomyelitis; 1,191
(8) Cerebral palsy; 1,193
(9) Multiple sclerosis; 1,195
(10) Parkinson's disease; 1,197
(11) Cerebral vascular accident; 1,199
(12) Tuberculosis; 1,201
(13) Silicosis; 1,203
(14) Psycho-neurotic disability following treatment in a 1,205
recognized medical or mental institution; 1,206
(15) Hemophilia; 1,208
(16) Chronic osteomyelitis; 1,210
(17) Ankylosis of joints; 1,212
(18) Hyper insulinism; 1,214
(19) Muscular dystrophies; 1,216
(20) Arterio-sclerosis; 1,218
(21) Thrombo-phlebitis; 1,220
(22) Varicose veins; 1,222
(23) Cardiovascular, pulmonary, or respiratory diseases of 1,224
a fire fighter FIREFIGHTER or police officer employed by a 1,225
municipal corporation or township as a regular member of a 1,226
lawfully constituted police department or fire department; 1,227
(24) Coal miners' pneumoconiosis, commonly referred to as 1,229
"black lung disease"; 1,230
(25) Disability with respect to which an individual has 1,232
completed a rehabilitation program conducted pursuant to sections 1,233
4121.61 to 4121.69 of the Revised Code. 1,234
(B) Under the circumstances set forth in this section all 1,236
or such portion as the administrator determines of the 1,237
compensation and benefits paid in any claim arising hereafter 1,238
shall be charged to and paid from the statutory surplus fund 1,239
29
created under section 4123.34 of the Revised Code and only the 1,240
portion remaining shall be merit-rated or otherwise treated as 1,241
part of the accident or occupational disease experience of the 1,242
employer. If the employer is a self-insuring employer, the 1,243
proportion of such costs whether charged to the statutory surplus 1,244
fund in whole or in part shall be by way of direct payment to 1,245
such employee or his THE EMPLOYEE'S dependents or by way of 1,246
reimbursement to the self-insuring employer as the circumstances 1,247
indicate. The provisions of this section apply only in cases of 1,248
death, total disability, whether temporary or permanent, and all 1,249
disabilities compensated under division (B) of section 4123.57 of 1,250
the Revised Code. The administrator shall adopt rules specifying 1,251
the grounds upon which charges to the statutory surplus fund are 1,252
to be made. The rules shall prohibit as a grounds any agreement 1,253
between employer and claimant as to the merits of a claim and the 1,254
amount of the charge. 1,255
(C) Any employer who advises the bureau of workers' 1,257
compensation prior to the occurrence of an injury or occupational 1,258
disease that it has in its employ a handicapped employee is 1,259
entitled, in the event the person is injured, to a determination 1,260
under this section. Any employer who fails to notify the bureau 1,261
but applies for a determination under this section is entitled to 1,262
a determination if the bureau finds that there was good cause for 1,263
the failure to give notice of the employment of the handicapped 1,264
employee. The bureau annually shall require employers to file an 1,265
inventory of current handicapped employees. 1,266
An employer shall file an application UNDER THIS SECTION 1,268
for a determination with the bureau or commission in the same 1,270
manner as other claims. An application only may be made in cases 1,271
where a handicapped employee or his A HANDICAPPED EMPLOYEE'S 1,272
dependents claim or is receiving an award of compensation as a 1,273
result of an injury or occupational disease occurring or 1,274
contracted on or after the date on which division (A) of this 1,275
section first included the handicap of such employee. 1,276
30
(D) The circumstances under and the manner in which an 1,278
apportionment under this section shall be made are: 1,279
(1) Whenever a handicapped employee is injured or disabled 1,281
or dies as the result of an injury or occupational disease 1,282
sustained in the course of and arising out of his A HANDICAPPED 1,283
EMPLOYEE'S employment in this state and the administrator awards 1,284
compensation therefor and when it appears to the satisfaction of 1,286
the administrator that the injury or occupational disease or the 1,287
death resulting therefrom would not have occurred but for the 1,288
pre-existing physical or mental impairment of the handicapped 1,289
employee, all compensation and benefits payable on account of the 1,290
disability or death shall be paid from the surplus fund. 1,291
(2) Whenever a handicapped employee is injured or disabled 1,293
or dies as a result of an injury or occupational disease and the 1,294
administrator finds that the injury or occupational disease would 1,295
have been sustained or suffered without regard to the employee's 1,296
pre-existing impairment but that the resulting disability or 1,297
death was caused at least in part through aggravation of the 1,298
employee's pre-existing disability, the administrator shall 1,299
determine in a manner that is equitable and reasonable and based 1,300
upon medical evidence the amount of disability or proportion of 1,301
the cost of the death award that is attributable to the 1,302
employee's pre-existing disability and the amount found shall be 1,304
charged to the statutory surplus fund.
(E) The benefits and provisions of this section apply only 1,306
to employers who have complied with this chapter either through 1,307
insurance with the state fund or as a self-insuring employer. 1,308
(F) No employer shall in any year receive credit under 1,310
this section in an amount greater than the premium he THE 1,311
EMPLOYER paid if a state fund employer or greater than his THE 1,312
EMPLOYER'S assessments if a self-insuring employer. 1,313
(G) Self-insuring employers may, for all claims made after 1,315
January 1, 1987, for compensation and benefits under this 1,316
section, pay the compensation and benefits directly to the 1,317
31
employee or the employee's dependents. If such an employer 1,318
chooses to pay compensation and benefits directly, he THE 1,319
EMPLOYER shall receive no money or credit from the surplus fund 1,320
for the payment under this section, nor shall he THE EMPLOYER be 1,321
required to pay any amounts into the surplus fund that otherwise 1,322
would be assessed for handicapped reimbursements for claims made 1,323
after January 1, 1987. Where a self-insuring employer elects to 1,324
pay for compensation and benefits pursuant to this section, he 1,325
THE EMPLOYER shall assume responsibility for compensation and 1,326
benefits arising out of claims made prior to January 1, 1987, and 1,327
shall not be required to pay any amounts into the surplus fund 1,328
and may not receive any money or credit from that fund on account 1,329
of this section. The election made under this division is 1,330
irrevocable.
(H) An order issued by the administrator pursuant to this 1,332
section is appealable under section 4123.511 of the Revised Code 1,333
but is not appealable to court under section 4123.512 of the 1,334
Revised Code. 1,335
Sec. 4123.511. (A) Within seven days after receipt of any 1,346
claim under this chapter, the bureau of workers' compensation
shall notify the claimant and the employer of the claimant of the 1,347
receipt of the claim and of the facts alleged therein. If the 1,348
bureau receives from a person other than the claimant written or 1,349
telecommunicated information indicating that an injury or 1,350
occupational disease has occurred or been contracted with may be 1,351
compensable under this chapter, the bureau shall notify the 1,352
employee and the employer of the information. If the information 1,353
is provided by any method of telecommunication, the person 1,354
providing the information shall provide written verification of 1,355
the information to the bureau according to division (E) of 1,356
section 4123.84 of the Revised Code. The receipt of the 1,357
information in writing, or if by a method of telecommunications, 1,358
the written verification, and the notice by the bureau shall be 1,359
considered an application for compensation under section 4123.84 1,360
32
or 4123.85 of the Revised Code provided that the conditions of 1,361
division (E) of section 4123.84 of the Revised Code apply to 1,362
information provided by a method of telecommunication. Upon 1,363
receipt of a claim, the bureau shall advise the claimant of the 1,364
claim number assigned and the claimant's right to representation 1,365
in the processing of a claim or to elect no representation. If 1,366
the bureau determines that a claim is determined to be a 1,367
compensable lost-time claim, the bureau shall notify the claimant 1,368
and the employer of the availability of rehabilitation services. 1,369
No bureau or industrial commission employee shall directly or 1,370
indirectly convey any information in derogation of this right. 1,371
This section shall in no way abrogate the bureau's responsibility 1,372
to aid and assist a claimant in the filing of a claim and to 1,373
advise the claimant of the claimant's rights under the law. 1,374
The administrator of workers' compensation shall assign all 1,376
claims and investigations to the bureau service office from which 1,377
investigation and determination may be made most expeditiously. 1,378
The bureau shall investigate the facts concerning an injury 1,380
or occupational disease and ascertain such facts in whatever 1,381
manner is most appropriate and may obtain statements of the 1,382
employee, employer, attending physician, and witnesses in 1,383
whatever manner is most appropriate. 1,384
(B)(1) Except as provided in division (B)(2) of this 1,386
section, in claims other than those in which the employer is a 1,387
self-insuring employer, if the administrator determines under 1,388
division (A) of this section that a claimant is or is not 1,389
entitled to an award of compensation or benefits, the 1,390
administrator shall issue an order, no sooner than twenty-one 1,391
days but no later than twenty-eight days after the sending of the 1,394
notice under division (A) of this section, granting or denying 1,395
the payment of the compensation or benefits, or both as is 1,396
appropriate to the claimant. Notwithstanding the time limitation 1,397
specified in this division for the issuance of an order, if a 1,398
medical examination of the claimant is required by statute, the 1,399
33
administrator promptly shall schedule the claimant for that
examination and shall issue an order no later than twenty-eight 1,400
days after receipt of the report of the examination. The 1,401
administrator shall notify the claimant and the employer of the 1,403
claimant and their respective representatives in writing of the 1,404
nature of the order and the amounts of compensation and benefit 1,405
payments involved. The employer or claimant may appeal the order 1,406
pursuant to division (C) of this section within fourteen days 1,407
after the date of the receipt of the order. The employer and 1,408
claimant may waive, in writing, their rights to an appeal under 1,409
this division.
(2) Notwithstanding the time limitation specified in 1,411
division (B)(1) of this section for the issuance of an order, if 1,412
the employer certifies a claim for payment of compensation or 1,413
benefits, or both, to a claimant, and the administrator has 1,414
completed the investigation of the claim, the payment of benefits 1,416
or compensation, or both, as is appropriate, shall commence upon 1,417
the later of the date of the certification or completion of the 1,418
investigation and issuance of the order by the administrator, 1,419
provided that the administrator shall issue the order no later 1,420
than the time limitation specified in division (B)(1) of this 1,421
section. 1,422
(3) If an appeal is made under division (B)(1) or (2) of 1,424
this section, the administrator shall forward the claim file to 1,425
the appropriate district hearing officer within seven days of the 1,426
appeal. In contested claims other than state fund claims, the 1,427
administrator shall forward the claim within seven days of the 1,428
administrator's receipt of the claim to the commission, which 1,430
shall refer the claim to an appropriate district hearing officer 1,431
for a hearing in accordance with division (C) of this section. 1,432
(C) If an employer or claimant timely appeals the order of 1,434
the administrator issued under division (B) of this section or in 1,435
the case of other contested claims other than state fund claims, 1,436
the commission shall refer the claim to an appropriate district 1,437
34
hearing officer according to rules the commission adopts under 1,438
section 4121.36 of the Revised Code. The district hearing 1,439
officer shall notify the parties and their respective 1,440
representatives of the time and place of the hearing. 1,441
The district hearing officer shall hold a hearing on a 1,443
disputed issue or claim within forty-five days after the filing 1,445
of the appeal under this division and issue a decision within 1,446
seven days after holding the hearing. The district hearing 1,447
officer shall notify the parties and their respective
representatives in writing of the order. Any party may appeal an 1,449
order issued under this division pursuant to division (D) of this 1,450
section within fourteen days after receipt of the order under 1,451
this division. 1,452
(D) Upon the timely filing of an appeal of the order of 1,454
the district hearing officer issued under division (C) of this 1,455
section, the commission shall refer the claim file to an 1,456
appropriate staff hearing officer according to its rules adopted 1,457
under section 4121.36 of the Revised Code. The staff hearing 1,458
officer shall hold a hearing within forty-five days after the 1,459
filing of an appeal under this division and issue a decision 1,460
within seven days after holding the hearing under this division. 1,463
The staff hearing officer shall notify the parties and their 1,464
respective representatives in writing his OF THE STAFF HEARING
OFFICER'S order. Any party may appeal an order issued under this 1,466
division pursuant to division (E) of this section within fourteen 1,467
days after receipt of the order under this division. 1,468
(E) Upon the filing of a timely appeal of the order of the 1,470
staff hearing officer issued under division (D) of this section, 1,471
the commission or a designated staff hearing officer, on behalf 1,472
of the commission, shall determine whether the commission will 1,474
hear the appeal. If the commission or the designated staff
hearing officer decides to hear the appeal, the commission or the 1,476
designated staff hearing officer shall notify the parties and 1,477
their respective representatives in writing of the time and place 1,478
35
of the hearing. The commission shall hold the hearing within 1,479
forty-five days after the filing of the notice of appeal and, 1,480
within seven days after the conclusion of the hearing, the 1,481
commission shall issue its order affirming, modifying, or 1,482
reversing the order issued under division (D) of this section. 1,483
The commission shall notify the parties and their respective 1,484
representatives in writing of the order. If the commission or 1,485
the designated staff hearing officer determines not to hear the 1,486
appeal, within fourteen days after the filing of the notice of 1,487
appeal, the commission or the designated staff hearing officer 1,488
shall issue an order to that effect and notify the parties and
their respective representatives in writing of that order. 1,489
Except as otherwise provided in this chapter and Chapters 1,491
4121., 4127., and 4131. of the Revised Code, any party may appeal 1,492
an order issued under this division to the court pursuant to 1,493
section 4123.512 of the Revised Code within sixty days after 1,494
receipt of the order, subject to the limitations contained in 1,495
that section. 1,496
(F) Every notice of an appeal from an order issued under 1,498
divisions (B), (C), (D), and (E) of this section shall state the 1,499
names of the claimant and employer, the number of the claim, the 1,500
date of the decision appealed from, and the fact that the 1,501
appellant appeals therefrom. 1,502
(G) All of the following apply to the proceedings under 1,504
divisions (C), (D), and (E) of this section: 1,505
(1) The parties shall proceed promptly and without 1,507
continuances except for good cause; 1,508
(2) The parties, in good faith, shall engage in the free 1,510
exchange of information relevant to the claim prior to the 1,511
conduct of a hearing according to the rules the commission adopts 1,512
under section 4121.36 of the Revised Code; 1,513
(3) The administrator is a party and may appear and 1,515
participate at all administrative proceedings on behalf of the 1,516
state insurance fund. However, in cases in which the employer is 1,517
36
represented, the administrator shall neither present arguments 1,518
nor introduce testimony that is cumulative to that presented or 1,519
introduced by the employer or the employer's representative. The 1,520
administrator may file an appeal under this section on behalf of
the state insurance fund; however, except in cases arising under 1,521
section 4123.343 of the Revised Code, the administrator only may 1,522
appeal questions of law or issues of fraud when the employer 1,523
appears in person or by representative.
(H) Except as provided in SECTION 4121.63 OF THE REVISED 1,525
CODE AND division (J) of this section, payments of compensation 1,526
to a claimant or on behalf of a claimant as a result of any order 1,527
issued under this chapter shall commence upon the earlier of the 1,528
following:
(1) Fourteen days after the date the administrator issues 1,530
an order under division (B) of this section, unless that order is 1,531
appealed; 1,532
(2) Twenty-one days after the THE date when the employer 1,534
has waived the right to appeal a decision issued under division 1,536
(B) of this section;
(3) If no appeal of an order has been filed under this 1,538
section or to a court under section 4123.512 of the Revised Code, 1,539
the expiration of the time limitations for the filing of an 1,540
appeal of an order; 1,541
(4) The date of receipt by the employer of an order of a 1,543
district hearing officer, a staff hearing officer, or the 1,545
industrial commission issued under division (C), (D), or (E) of 1,546
this section.
(I) No medical benefits payable under this chapter or 1,548
Chapter 4121., 4127., or 4131. of the Revised Code are payable 1,549
until the earlier of the following: 1,550
(1) The date of the issuance of the staff hearing 1,552
officer's order under division (D) of this section; 1,553
(2) The date of the final administrative or judicial 1,555
determination. 1,556
37
(J) Upon the final administrative or judicial 1,558
determination under this section or section 4123.512 of the 1,559
Revised Code of an appeal of an order to pay compensation, if a 1,560
claimant is found to have received compensation pursuant to a 1,561
prior order which is reversed upon subsequent appeal, the 1,562
claimant's employer, if a self-insuring employer, or the bureau, 1,564
shall withhold from any amount to which the claimant becomes 1,565
entitled pursuant to any claim, past, present, or future, under 1,566
Chapter 4121., 4123., 4127., or 4131. of the Revised Code, the 1,567
amount of previously paid compensation to the claimant which, due 1,568
to reversal upon appeal, the claimant is not entitled, pursuant 1,569
to the following criteria: 1,570
(1) No withholding for the first twelve weeks of temporary 1,572
total disability compensation pursuant to section 4123.56 of the 1,573
Revised Code shall be made; 1,574
(2) Forty per cent of all awards of compensation paid 1,576
pursuant to sections 4123.56 and 4123.57 of the Revised Code, 1,577
until the amount overpaid is refunded; 1,578
(3) Twenty-five per cent of any compensation paid pursuant 1,580
to section 4123.58 of the Revised Code until the amount overpaid 1,581
is refunded; 1,582
(4) If, pursuant to an appeal under section 4123.512 of 1,584
the Revised Code, the court of appeals or the supreme court 1,585
reverses the allowance of the claim, then no amount of any 1,586
compensation will be withheld. 1,587
The administrator and self-insuring employers, as 1,589
appropriate, are subject to the repayment schedule of this 1,590
division only with respect to an order to pay compensation that 1,591
was properly paid under a previous order, but which is
subsequently reversed upon an administrative or judicial appeal. 1,592
The administrator and self-insuring employers are not subject to, 1,593
but may utilize, the repayment schedule of this division, or any 1,594
other lawful means, to collect payment of compensation made to a 1,595
person who was not entitled to the compensation due to fraud as 1,596
38
determined by the administrator or the industrial commission. 1,597
(K) If a staff hearing officer or the commission fails to 1,599
issue a decision or the commission fails to refuse to hear an 1,600
appeal within the time periods required by this section, payments 1,601
to a claimant shall cease until the staff hearing officer or 1,602
commission issues a decision or hears the appeal, unless the 1,603
failure was due to the fault or neglect of the employer or the 1,604
employer agrees that the payments should continue for a longer 1,605
period of time. 1,606
(L) Except as otherwise provided in this section or 1,608
section 4123.522 of the Revised Code, no appeal is timely filed 1,609
under this section unless the appeal is filed with the time 1,610
limits set forth in this section.
(M) No person who is not an employee of the bureau or 1,612
commission or who is not by law given access to the contents of a 1,613
claims file shall have a file in the person's possession. 1,614
(N) Upon application of a party who resides in an area in 1,617
which an emergency or disaster is declared, the industrial 1,618
commission and hearing officers of the commission may waive the 1,619
time frame within which claims and appeals of claims set forth in 1,620
this section must be filed upon a finding that the applicant was 1,621
unable to comply with a filing deadline due to an emergency or a 1,622
disaster.
As used in this division: 1,624
(1) "Emergency" means any occasion or instance for which 1,626
the governor of Ohio or the president of the United States 1,628
publicly declares an emergency and orders state or federal 1,629
assistance to save lives and protect property, the public health 1,630
and safety, or to lessen or avert the threat of a catastrophe. 1,631
(2) "Disaster" means any natural catastrophe or fire, 1,633
flood, or explosion, regardless of the cause, that causes damage 1,634
of sufficient magnitude that the governor of Ohio or the 1,635
President of the United States, through a public declaration, 1,637
orders state or federal assistance to alleviate damage, loss, 1,638
39
hardship, or suffering that results from the occurrence. 1,639
Sec. 4123.512. (A) The claimant or the employer may 1,648
appeal an order of the industrial commission made under division 1,649
(E) of section 4123.511 of the Revised Code in any injury or 1,650
occupational disease case, other than a decision as to the extent 1,651
of disability to the court of common pleas of the county in which 1,653
the injury was inflicted or in which the contract of employment 1,654
was made if the injury occurred outside the state, or in which 1,655
the contract of employment was made if the exposure occurred 1,656
outside the state. If no common pleas court has jurisdiction for 1,657
the purposes of an appeal by the use of the jurisdictional 1,658
requirements described in this division, the appellant may use 1,659
the venue provisions in the Rules of Civil Procedure to vest 1,660
jurisdiction in a court. If the claim is for an occupational 1,661
disease the appeal shall be to the court of common pleas of the 1,662
county in which the exposure which caused the disease occurred. 1,663
Like appeal may be taken from an order of a staff hearing officer 1,664
made under division (D) of section 4123.511 of the Revised Code 1,665
from which the commission has refused to hear an appeal. The 1,666
appellant shall file the notice of appeal with a court of common 1,667
pleas within sixty days after the date of the receipt of the 1,668
order appealed from or the date of receipt of the order of the 1,669
commission refusing to hear an appeal of a staff hearing 1,670
officer's decision under division (D) of section 4123.511 of the 1,671
Revised Code. The filing of the notice of the appeal with the 1,672
court is the only act required to perfect the appeal.
If an action has been commenced in a court of a county 1,674
other than a court of a county having jurisdiction over the 1,675
action, the court, upon notice by any party or upon its own 1,676
motion, shall transfer the action to a court of a county having 1,677
jurisdiction. 1,678
Notwithstanding anything to the contrary in this section, 1,680
if the commission determines under section 4123.522 of the 1,681
Revised Code that an employee, employer, or their respective 1,682
40
representatives have not received written notice of an order or 1,683
decision which is appealable to a court under this section and 1,684
which grants relief pursuant to section 4123.522 of the Revised 1,685
Code, the party granted the relief has sixty days from receipt of 1,686
the order under section 4123.522 of the Revised Code to file a 1,687
notice of appeal under this section. 1,688
(B) The notice of appeal shall state the names of the 1,690
claimant and the employer, the number of the claim, the date of 1,691
the order appealed from, and the fact that the appellant appeals 1,692
therefrom. 1,693
The administrator, the claimant, and the employer shall be 1,695
parties to the appeal and the court, upon the application of the 1,696
commission, shall make the commission a party. THE PARTY FILING 1,697
THE APPEAL SHALL SERVE A COPY OF THE NOTICE OF APPEAL ON THE 1,698
ADMNISTRATOR OF WORKERS' COMPENSATION AT THE CENTRAL OFFICE OF 1,699
THE BUREAU OF WORKERS' COMPENSATION IN COLUMBUS. The 1,700
administrator shall notify the employer that if the employer 1,701
fails to become an active party to the appeal, then the 1,703
administrator may act on behalf of the employer and the results 1,704
of the appeal could have an adverse effect upon the employer's 1,705
premium rates.
(C) The attorney general or one or more of the attorney 1,707
general's assistants or special counsel designated by the 1,709
attorney general shall represent the administrator and the 1,710
commission. In the event the attorney general or the attorney 1,711
general's designated assistants or special counsel are absent, 1,713
the administrator or the commission shall select one or more of 1,714
the attorneys in the employ of the administrator or the
commission as the administrator's attorney or the commission's 1,716
attorney in the appeal. Any attorney so employed shall continue 1,717
the representation during the entire period of the appeal and in 1,718
all hearings thereof except where the continued representation 1,719
becomes impractical.
(D) Upon receipt of notice of appeal the clerk of courts 1,721
41
shall provide notice to all parties who are appellees and to the 1,722
commission. 1,723
The claimant shall, within thirty days after the filing of 1,725
the notice of appeal, file a petition containing a statement of 1,726
facts in ordinary and concise language showing a cause of action 1,727
to participate or to continue to participate in the fund and 1,728
setting forth the basis for the jurisdiction of the court over 1,729
the action. Further pleadings shall be had in accordance with 1,730
the Rules of Civil Procedure, provided that service of summons on 1,731
such petition shall not be required. The clerk of the court 1,732
shall, upon receipt thereof, transmit by certified mail a copy 1,733
thereof to each party named in the notice of appeal other than 1,734
the claimant. Any party may file with the clerk prior to the 1,735
trial of the action a deposition of any physician taken in 1,736
accordance with the provisions of the Revised Code, which 1,737
deposition may be read in the trial of the action even though the 1,738
physician is a resident of or subject to service in the county in 1,739
which the trial is had. The bureau of workers' compensation 1,740
shall pay the cost of the stenographic deposition filed in court 1,741
and of copies of the stenographic deposition for each party from 1,743
the surplus fund and charge the costs thereof against the 1,745
unsuccessful party if the claimant's right to participate or 1,746
continue to participate is finally sustained or established in 1,747
the appeal. In the event the deposition is taken and filed, the 1,748
physician whose deposition is taken is not required to respond to 1,749
any subpoena issued in the trial of the action. The court, or 1,750
the jury under the instructions of the court, if a jury is 1,751
demanded, shall determine the right of the claimant to 1,752
participate or to continue to participate in the fund upon the 1,753
evidence adduced at the hearing of the action. 1,754
(E) The court shall certify its decision to the commission 1,756
and the certificate shall be entered in the records of the court. 1,757
Appeals from the judgment are governed by the law applicable to 1,758
the appeal of civil actions. 1,759
42
(F) The cost of any legal proceedings authorized by this 1,761
section, including an attorney's fee to the claimant's attorney 1,762
to be fixed by the trial judge, based upon the effort expended, 1,763
in the event the claimant's right to participate or to continue 1,764
to participate in the fund is established upon the final 1,765
determination of an appeal, shall be taxed against the employer 1,766
or the commission if the commission or the administrator rather 1,767
than the employer contested the right of the claimant to 1,768
participate in the fund. The attorney's fee shall not exceed 1,769
twenty-five hundred dollars. 1,770
(G) If the finding of the court or the verdict of the jury 1,772
is in favor of the claimant's right to participate in the fund, 1,773
the commission and the administrator shall thereafter proceed in 1,774
the matter of the claim as if the judgment were the decision of 1,775
the commission, subject to the power of modification provided by 1,776
section 4123.52 of the Revised Code. 1,777
(H) An appeal from an order issued under division (E) of 1,779
section 4123.511 of the Revised Code or any action filed in court 1,780
in a case in which an award of compensation has been made shall 1,781
not stay the payment of compensation under the award or payment 1,782
of compensation for subsequent periods of total disability during 1,783
the pendency of the appeal. If, in a final administrative or 1,784
judicial action, it is determined that payments of compensation 1,785
or benefits, or both, made to or on behalf of a claimant should 1,786
not have been made, the amount thereof shall be charged to the 1,787
surplus fund under division (B) of section 4123.34 of the Revised 1,788
Code. In the event the employer is a state risk, the amount 1,789
shall not be charged to the employer's experience. In the event 1,790
the employer is a self-insuring employer, the self-insuring 1,791
employer shall deduct the amount from the paid compensation the 1,792
self-insuring employer reports to the administrator under 1,794
division (L) of section 4123.35 of the Revised Code. All actions 1,795
and proceedings under this section which are the subject of an 1,796
appeal to the court of common pleas or the court of appeals shall 1,797
43
be preferred over all other civil actions except election causes, 1,798
irrespective of position on the calendar. 1,799
This section applies to all decisions of the commission or 1,801
the administrator on November 2, 1959, and all claims filed 1,802
thereafter are governed by sections 4123.511 and 4123.512 of the 1,803
Revised Code. 1,804
Any action pending in common pleas court or any other court 1,806
on January 1, 1986, under this section is governed by former 1,807
sections 4123.514, 4123.515, 4123.516, and 4123.519 and section 1,808
4123.522 of the Revised Code. 1,809
Sec. 4123.57. Partial disability compensation shall be 1,820
paid as follows. 1,821
Except as provided in this section, not earlier than forty 1,823
weeks after the date of termination of the latest period of 1,824
payments under section 4123.56 of the Revised Code, or not 1,825
earlier than forty weeks after the date of the injury or 1,826
contraction of an occupational disease in the absence of payments 1,827
under section 4123.56 of the Revised Code, the employee may file 1,829
an application with the bureau of workers' compensation for the 1,830
determination of the percentage of his THE EMPLOYEE'S permanent 1,831
partial disability resulting from an injury or occupational
disease.
Whenever the application is filed, the bureau shall send a 1,833
copy of the application to the employee's employer or the 1,834
employer's representative and shall schedule the employee for a 1,835
medical examination by the bureau medical section. The bureau 1,836
shall send a copy of the report of the medical examination to the 1,837
employee, the employer, and their representatives. Thereafter, 1,838
the administrator of workers' compensation shall review the 1,840
employee's claim file and make a tentative order as the evidence 1,841
before him THE ADMINISTRATOR at the time of the making of the 1,842
order warrants. If the administrator determines that there is a 1,843
conflict of evidence, he THE ADMINISTRATOR shall send the 1,844
application, along with the claimant's file, to the district
44
hearing officer who shall set the application for a hearing. 1,845
The administrator shall notify the employee, the employer, 1,847
and their representatives, in writing, of the tentative order and 1,848
of the parties' right to request a hearing. Unless the employee, 1,849
the employer, or their representative notifies the administrator, 1,850
in writing, of an objection to the tentative order within twenty 1,851
days after receipt of the notice thereof, the tentative order 1,852
shall go into effect and the employee shall receive the 1,853
compensation provided in the order. In no event shall there be a 1,854
reconsideration of a tentative order issued under this division. 1,855
If the employee, the employer, or their representatives 1,857
timely notify the administrator of an objection to the tentative 1,858
order, the matter shall be referred to a district hearing officer 1,859
who shall set the application for hearing with written notices to 1,860
all interested persons. Upon referral to a district hearing 1,861
officer, the employer may obtain a medical examination of the 1,862
employee, pursuant to rules of the industrial commission. 1,863
(A) The district hearing officer, upon the application, 1,866
shall determine the percentage of the employee's permanent
disability, except as is subject to division (B) of this section, 1,867
based upon that condition of the employee resulting from the 1,868
injury or occupational disease and causing permanent impairment 1,869
evidenced by medical or clinical findings reasonably 1,870
demonstrable. The employee shall receive sixty-six and 1,871
two-thirds per cent of his THE EMPLOYEE'S average weekly wage, 1,872
but not more than a maximum of thirty-three and one-third per 1,873
cent of the statewide average weekly wage as defined in division 1,874
(C) of section 4123.62 of the Revised Code, per week regardless 1,875
of the average weekly wage, for the number of weeks which equals 1,876
the percentage of two hundred weeks. Except on application for 1,877
reconsideration, review, or modification, which is filed within 1,878
ten days after the date of receipt of the decision of the 1,879
district hearing officer, in no instance shall the former award 1,880
be modified unless it is found from medical or clinical findings 1,881
45
that the condition of the claimant resulting from the injury has 1,882
so progressed as to have increased the percentage of permanent 1,883
partial disability. A staff hearing officer shall hear an 1,884
application for reconsideration filed and his THE STAFF HEARING 1,885
OFFICER'S decision is final. An employee may file an application 1,886
for a subsequent determination of the percentage of his THE 1,887
EMPLOYEE'S permanent disability. If such an application is 1,888
filed, the bureau shall send a copy of the application to the 1,889
employer or the employer's representative. No sooner than sixty 1,890
days from the date of the mailing of the application to the 1,891
employer or the employer's representative, the administrator 1,892
shall review the application. The administrator may require a 1,893
medical examination or medical review of the employee. The 1,894
administrator shall issue a tentative order based upon the 1,895
evidence before him THE ADMINISTRATOR, provided that if he THE 1,897
ADMINISTRATOR requires a medical examination or medical review, 1,898
the administrator shall not issue the tentative order until the
completion of the examination or review. 1,899
The employer may obtain a medical examination of the 1,901
employee and may submit medical evidence at any stage of the 1,902
process up to a hearing before the district hearing officer, 1,903
pursuant to rules of the commission. The administrator shall 1,904
notify the employee, the employer, and their representatives, in 1,905
writing, of the nature and amount of any tentative order issued 1,906
on an application requesting a subsequent determination of the 1,907
percentage of an employee's permanent disability. An employee, 1,908
employer, or their representatives may object to the tentative 1,909
order within twenty days after the receipt of the notice thereof. 1,910
If no timely objection is made, the tentative order shall go into 1,911
effect. In no event shall there be a reconsideration of a 1,912
tentative order issued under this division. If an objection is 1,913
timely made, the application for a subsequent determination shall 1,914
be referred to a district hearing officer who shall set the 1,915
application for a hearing with written notice to all interested 1,916
46
persons. No application for subsequent percentage determinations 1,917
on the same claim for injury or occupational disease shall be 1,918
accepted for review by the district hearing officer unless 1,919
supported by substantial evidence of new and changed 1,920
circumstances developing since the time of the hearing on the 1,921
original or last determination. 1,922
No award shall be made under this division based upon a 1,924
percentage of disability which, when taken with all other 1,926
percentages of permanent disability, exceeds one hundred per 1,927
cent. If the percentage of the permanent disability of the 1,928
employee equals or exceeds ninety per cent, compensation for
permanent partial disability shall be paid for two hundred 1,930
weeks., except that the bureau may require either a medical
examination or a medical review of the employee 1,931
Compensation payable under this division accrues and is 1,933
payable to the employee from the date of last payment of 1,934
compensation, or, in cases where no previous compensation has 1,935
been paid, from the date of the injury or the date of the 1,936
diagnosis of the occupational disease. 1,937
When an award under this division has been made prior to 1,939
the death of an employee, all unpaid installments accrued or to 1,940
accrue under the provisions of the award are payable to the 1,941
surviving spouse, or if there is no surviving spouse, to the 1,942
dependent children of the employee, and if there are no children 1,943
surviving, then to other dependents as the administrator 1,944
determines. 1,945
(B) In cases included in the following schedule the 1,947
compensation payable per week to the employee is the statewide 1,948
average weekly wage as defined in division (C) of section 4123.62 1,949
of the Revised Code per week and shall continue during the 1,950
periods provided in the following schedule: 1,951
For the loss of a thumb, sixty weeks. 1,953
For the loss of a first finger, commonly called index 1,955
finger, thirty-five weeks. 1,956
47
For the loss of a second finger, thirty weeks. 1,958
For the loss of a third finger, twenty weeks. 1,960
For the loss of a fourth finger, commonly known as the 1,962
little finger, fifteen weeks. 1,963
The loss of a second, or distal, phalange of the thumb is 1,965
considered equal to the loss of one half of such thumb; the loss 1,966
of more than one half of such thumb is considered equal to the 1,967
loss of the whole thumb. 1,968
The loss of the third, or distal, phalange of any finger is 1,970
considered equal to the loss of one-third of the finger. 1,971
The loss of the middle, or second, phalange of any finger 1,973
is considered equal to the loss of two-thirds of the finger. 1,974
The loss of more than the middle and distal phalanges of 1,976
any finger is considered equal to the loss of the whole finger. 1,977
In no case shall the amount received for more than one finger 1,978
exceed the amount provided in this schedule for the loss of a 1,979
hand. 1,980
For the loss of the metacarpal bone (bones of the palm) for 1,982
the corresponding thumb, or fingers, add ten weeks to the number 1,983
of weeks under this division. 1,984
For ankylosis (total stiffness of) or contractures (due to 1,986
scars or injuries) which makes any of the fingers, thumbs, or 1,987
parts of either useless, the same number of weeks apply to the 1,988
members or parts thereof as given for the loss thereof. 1,989
If the claimant has suffered the loss of two or more 1,991
fingers by amputation or ankylosis and the nature of his THE 1,992
CLAIMANT'S employment in the course of which the claimant was 1,993
working at the time of the injury or occupational disease is such 1,994
that the handicap or disability resulting from the loss of 1,995
fingers, or loss of use of fingers, exceeds the normal handicap 1,996
or disability resulting from the loss of fingers, or loss of use 1,997
of fingers, the administrator may take that fact into 1,998
consideration and increase the award of compensation accordingly, 1,999
but the award made shall not exceed the amount of compensation 2,000
48
for loss of a hand. 2,001
For the loss of a hand, one hundred seventy-five weeks. 2,003
For the loss of an arm, two hundred twenty-five weeks. 2,005
For the loss of a great toe, thirty weeks. 2,007
For the loss of one of the toes other than the great toe, 2,009
ten weeks. 2,010
The loss of more than two-thirds of any toe is considered 2,012
equal to the loss of the whole toe. 2,013
The loss of less than two-thirds of any toe is considered 2,015
no loss, except as to the great toe; the loss of the great toe up 2,016
to the interphalangeal joint is co-equal to the loss of one-half 2,017
of the great toe; the loss of the great toe beyond the 2,018
interphalangeal joint is considered equal to the loss of the 2,019
whole great toe. 2,020
For the loss of a foot, one hundred fifty weeks. 2,022
For the loss of a leg, two hundred weeks. 2,024
For the loss of the sight of an eye, one hundred 2,026
twenty-five weeks. 2,027
For the permanent partial loss of sight of an eye, the 2,029
portion of one hundred twenty-five weeks as the administrator in 2,030
each case determines, based upon the percentage of vision 2,031
actually lost as a result of the injury or occupational disease, 2,032
but, in no case shall an award of compensation be made for less 2,033
than twenty-five per cent loss of uncorrected vision. "Loss of 2,034
uncorrected vision" means the percentage of vision actually lost 2,035
as the result of the injury or occupational disease. 2,036
For the permanent and total loss of hearing of one ear, 2,038
twenty-five weeks; but in no case shall an award of compensation 2,039
be made for less than permanent and total loss of hearing of one 2,040
ear. 2,041
For the permanent and total loss of hearing, one hundred 2,043
twenty-five weeks; but, except pursuant to the next preceding 2,044
paragraph, in no case shall an award of compensation be made for 2,045
less than permanent and total loss of hearing. 2,046
49
In case an injury or occupational disease results in 2,048
serious facial or head disfigurement which either impairs or may 2,049
in the future impair the opportunities to secure or retain 2,050
employment, the administrator shall make an award of compensation 2,051
as it deems proper and equitable, in view of the nature of the 2,052
disfigurement, and not to exceed the sum of five thousand 2,053
dollars. For the purpose of making the award, it is not material 2,054
whether the employee is gainfully employed in any occupation or 2,055
trade at the time of the administrator's determination. 2,056
When an award under this division has been made prior to 2,058
the death of an employee all unpaid installments accrued or to 2,059
accrue under the provisions of the award shall be payable to the 2,060
surviving spouse, or if there is no surviving spouse, to the 2,061
dependent children of the employee and if there are no such 2,062
children, then to such dependents as the administrator 2,063
determines. 2,064
When an employee has sustained the loss of a member by 2,066
severance, but no award has been made on account thereof prior to 2,067
his THE EMPLOYEE'S death, the administrator shall make an award 2,068
in accordance with this division for the loss which shall be 2,069
payable to the surviving spouse, or if there is no surviving 2,070
spouse, to the dependent children of the employee and if there 2,071
are no such children, then to such dependents as the 2,072
administrator determines. 2,073
(C) Compensation for partial impairment under divisions 2,075
(A) and (B) of this section is in addition to the compensation 2,076
paid the employee pursuant to section 4123.56 of the Revised 2,077
Code. A claimant may receive compensation under divisions (A) 2,078
and (B) of this section. 2,079
In all cases arising under division (B) of this section, if 2,081
it is determined by any one of the following: (1) the amputee 2,082
clinic at University hospital, Ohio state university; (2) the 2,083
rehabilitation services commission; (3) an amputee clinic or 2,084
prescribing physician approved by the administrator or his THE 2,085
50
ADMINISTRATOR'S designee, that an injured or disabled employee is 2,086
in need of an artificial appliance, or in need of a repair 2,087
thereof, regardless of whether the appliance or its repair will 2,088
be serviceable in the vocational rehabilitation of the injured 2,089
employee, and regardless of whether the employee has returned to 2,090
or can ever again return to any gainful employment, the bureau 2,091
shall pay the cost of the artificial appliance or its repair out 2,092
of the surplus created by division (B) of section 4123.34 of the 2,093
Revised Code.
In those cases where a rehabilitation services commission 2,095
recommendation that an injured or disabled employee is in need of 2,096
an artificial appliance would conflict with their state plan, 2,097
adopted pursuant to the "Rehabilitation Act of 1973," 87 Stat. 2,098
355, 29 U.S.C.A. 701, the administrator or his THE 2,099
ADMINISTRATOR'S designee or the bureau may obtain a 2,101
recommendation from an amputee clinic or prescribing physician 2,102
that they determine appropriate.
(D) If an employee of a state fund employer makes 2,104
application for a finding and the administrator finds that he THE 2,105
EMPLOYEE has contracted silicosis as defined in division (X), or 2,106
coal miners' pneumoconiosis as defined in division (Y), or 2,107
asbestosis as defined in division (AA) of section 4123.68 of the 2,108
Revised Code, and that a change of such employee's occupation is 2,109
medically advisable in order to decrease substantially further 2,110
exposure to silica dust, asbestos, or coal dust and if the 2,111
employee, after the finding, has changed or shall change his THE 2,112
EMPLOYEE'S occupation to an occupation in which the exposure to 2,113
silica dust, asbestos, or coal dust is substantially decreased, 2,114
the administrator shall allow to the employee an amount equal to 2,115
fifty per cent of the statewide average weekly wage per week for 2,116
a period of thirty weeks, commencing as of the date of the 2,117
discontinuance or change, and for a period of one hundred weeks 2,118
immediately following the expiration of the period of thirty 2,119
weeks, the employee shall receive sixty-six and two-thirds per 2,120
51
cent of the loss of wages resulting directly and solely from the 2,121
change of occupation but not to exceed a maximum of an amount 2,122
equal to fifty per cent of the statewide average weekly wage per 2,123
week. No such employee is entitled to receive more than one 2,124
allowance on account of discontinuance of employment or change of 2,125
occupation and benefits shall cease for any period during which 2,126
the employee is employed in an occupation in which the exposure 2,127
to silica dust, asbestos, or coal dust is not substantially less 2,128
than the exposure in the occupation in which he THE EMPLOYEE was 2,129
formerly employed or for any period during which the employee may 2,130
be entitled to receive compensation or benefits under section 2,131
4123.68 of the Revised Code on account of disability from 2,132
silicosis, asbestosis, or coal miners' pneumoconiosis. An award 2,133
for change of occupation for a coal miner who has contracted coal 2,134
miners' pneumoconiosis may be granted under this division even 2,135
though he THE COAL MINER continues his employment with the same 2,136
employer, so long as his THE COAL MINER'S employment subsequent 2,137
to the change is such that the coal miner's exposure to coal dust 2,139
is substantially decreased and a change of occupation is 2,140
certified by the claimant as permanent. The administrator may
accord to the employee medical and other benefits in accordance 2,141
with section 4123.66 of the Revised Code. 2,142
(E) If a fire fighter FIREFIGHTER or police officer makes 2,144
application for a finding and the administrator finds that he THE 2,145
FIREFIGHTER OR POLICE OFFICER has contracted a cardiovascular and 2,147
pulmonary disease as defined in division (W) of section 4123.68 2,148
of the Revised Code, and that a change of the fire fighter's 2,149
FIREFIGHTER'S or police officer's occupation is medically 2,150
advisable in order to decrease substantially further exposure to
smoke, toxic gases, chemical fumes, and other toxic vapors, and 2,151
if the fire fighter FIREFIGHTER, or police officer, after the 2,152
finding, has changed or changes his occupation to an occupation 2,153
in which the exposure to smoke, toxic gases, chemical fumes, and 2,155
other toxic vapors is substantially decreased, the administrator 2,156
52
shall allow to the fire fighter FIREFIGHTER or police officer an 2,157
amount equal to fifty per cent of the statewide average weekly 2,158
wage per week for a period of thirty weeks, commencing as of the 2,159
date of the discontinuance or change, and for a period of 2,160
seventy-five weeks immediately following the expiration of the 2,161
period of thirty weeks the administrator shall allow the fire 2,162
fighter FIREFIGHTER or police officer sixty-six and two-thirds 2,163
per cent of the loss of wages resulting directly and solely from 2,164
the change of occupation but not to exceed a maximum of an amount 2,165
equal to fifty per cent of the statewide average weekly wage per 2,166
week. No such fire fighter FIREFIGHTER or police officer is 2,167
entitled to receive more than one allowance on account of 2,169
discontinuance of employment or change of occupation and benefits 2,170
shall cease for any period during which the fire fighter 2,171
FIREFIGHTER or police officer is employed in an occupation in 2,172
which the exposure to smoke, toxic gases, chemical fumes, and
other toxic vapors is not substantially less than the exposure in 2,173
the occupation in which he THE FIREFIGHTER OR POLICE OFFICER was 2,175
formerly employed or for any period during which the fire fighter
FIREFIGHTER or police officer may be entitled to receive 2,176
compensation or benefits under section 4123.68 of the Revised 2,178
Code on account of disability from a cardiovascular and pulmonary 2,179
disease. The administrator may accord to the fire fighter 2,180
FIREFIGHTER or police officer medical and other benefits in 2,181
accordance with section 4123.66 of the Revised Code.
(F) An order issued under this section is appealable 2,183
pursuant to section 4123.511 of the Revised Code but is not 2,184
appealable to court under section 4123.512 of the Revised Code. 2,185
Sec. 4123.591. THE ADMINISTRATOR OF WORKERS' COMPENSATION 2,187
MAY FURNISH QUARTERLY, TO THE TAX COMMISSIONER, IN A FORMAT 2,188
APPROVED BY THE TAX COMMISSIONER, A LIST CONTAINING THE NAME AND 2,189
SOCIAL SECURITY NUMBER OF ANY PERSON RECEIVING SPOUSAL DEATH 2,191
BENEFITS. UPON RECEIPT OF THIS LIST, THE COMMISSIONER SHALL
RETURN TO THE ADMINISTRATOR, IN A FORMAT DESIGNED BY THE 2,193
53
COMMISSIONER, INFORMATION IDENTIFYING ANY PERSON LISTED BY THE 2,194
ADMINISTRATOR WHO, AS REPORTED ON THE MOST RECENT RETURN FILED BY 2,196
THE PERSON UNDER SECTION 5747.08 OF THE REVISED CODE, FILED UNDER
THE STATUS "MARRIED FILING JOINT RETURN," OR "MARRIED FILING 2,197
SEPARATELY."
Sec. 4123.76. When an application for compensation or 2,206
benefits or an application for further compensation or benefits 2,207
is filed with the industrial commission or the bureau of workers' 2,208
compensation under section 4123.75 of the Revised Code against an 2,209
employer who has not complied with section 4123.35 of the Revised 2,210
Code, the bureau shall make and file for record in the office of 2,211
the county recorder in the counties where the employer's property 2,212
is located, an affidavit showing the date on which the 2,213
application was filed with the commission or the bureau, the name 2,214
and address of the employer against whom it was filed, and the 2,215
fact that the employer had not complied with section 4123.35 of 2,216
the Revised Code. The recorder shall accept and file the 2,217
affidavit and record the same as a mortgage on real estate and 2,218
shall file the same as a chattel mortgage and he THE RECORDER 2,219
shall index the same as a mortgage on real estate and as a 2,220
chattel mortgage. A copy of the application OR OTHER BUREAU 2,221
RECORD DOCUMENTING THE CLAIM shall be filed with the affidavit. 2,222
A copy of the affidavit shall be served upon the employer by the 2,223
bureau. The affidavit constitutes a valid lien from the time of 2,224
filing, in favor of the bureau, upon the real property and 2,225
tangible personal property of the employer located within the 2,226
county. The administrator of workers' compensation shall have 2,227
the lien canceled of record after the employer has paid to the 2,228
claimant or to the bureau the amount of the compensation or 2,229
benefits which has been ordered paid to the claimant, or when the 2,230
application has finally been denied after the claimant has 2,231
exhausted the remedies provided by law in such cases, or when the 2,232
employer has filed a bond in the amount and with surety as the 2,233
administrator approves conditioned on the payment of all sums 2,234
54
ordered paid to the claimant. The recorder shall make no charge 2,235
for the services provided by this section to be performed by him 2,236
THE RECORDER. 2,237
Sec. 4123.83. Each employer paying premiums into the state 2,246
insurance fund or electing directly to pay compensation to his 2,247
THE EMPLOYER'S injured employees or the dependents of his THE 2,248
EMPLOYER'S killed employees as provided in section 4123.35 of the 2,250
Revised Code, shall post conspicuously in his THE EMPLOYER'S 2,251
place or places of employment notices, which shall be furnished 2,253
in adequate number by the bureau of workers' compensation at the 2,254
time of the payment of the premium, stating the fact that he THE 2,255
EMPLOYER has made the payment, the date thereof, and period for 2,257
which the payment is made, or that he THE EMPLOYER has complied 2,258
with section 4123.35 of the Revised Code, and has been authorized
by the administrator of workers' compensation directly to 2,259
compensate employees or dependents, and the date of the 2,260
authorization. The notice, when posted, constitutes sufficient 2,261
notice to his THE EMPLOYER'S employees of the fact that he THE 2,263
EMPLOYER has made payment or that he THE EMPLOYER has complied 2,264
with the elective provisions of section 4123.35 of the Revised 2,265
Code. The bureau shall prepare, semiannually, a list of all
employers who have complied with this chapter, classified by 2,267
counties, and shall send to the newspapers published in the 2,268
county seat of each county a list of the employers in the county, 2,269
with a request for its gratuitous publication as a matter of news 2,270
and protection to the working men and women. 2,271
Sec. 4123.93. As used in sections 4123.93 and 4123.931 of 2,280
the Revised Code: 2,281
(A) "Claimant" means a person who is eligible to receive 2,283
compensation or medical benefits under this chapter or Chapter 2,284
4121., 4127., or 4131. of the Revised Code, including any 2,285
dependent or person whose eligibility is the result of an injury 2,286
to or occupational disease of another person.
(B) "Statutory subrogee" means the administrator of the 2,289
55
bureau of workers' compensation, a self-insuring employer, or an 2,290
employer that contracts for the direct payment of medical
services pursuant to division (J)(L) of section 4121.44 of the 2,291
Revised Code. 2,292
(C) "Subrogated amounts" include, but are not limited to, 2,294
the following:
(1) Amounts recoverable from any third party, 2,296
notwithstanding any limitations by the third party concerning its 2,297
responsibility to make payments in cases involving workers' 2,298
compensation under Chapter 4121., 4123., 4127., or 4131. of the 2,299
Revised Code;
(2) Amounts recoverable from a claimant's insurer in 2,301
connection with underinsured or uninsured motorist coverage, 2,302
notwithstanding any limitation contained in Chapter 3937. of the 2,304
Revised Code; 2,305
(3) Amounts that a claimant would be entitled to recover 2,307
from a political subdivision, notwithstanding any limitations 2,308
contained in Chapter 2744. of the Revised Code. 2,309
(D) "Third party" means an individual, private insurer, 2,312
public or private entity, or public or private program that is or 2,313
may be liable to make payments to a person without regard to any
statutory duty contained in this chapter or Chapter 4121., 4127., 2,314
or 4131. of the Revised Code. 2,315
Sec. 5703.21. (A) Except as provided in divisions (B), 2,324
(C), (D), and (E), AND (F) of this section, no agent of the 2,327
department of taxation, except in the agent's report to the 2,328
department or when called on to testify in any court or 2,329
proceeding, shall divulge any information acquired by the agent 2,330
as to the transactions, property, or business of any person while 2,331
acting or claiming to act under orders of the department. 2,332
Whoever violates this provision shall thereafter be disqualified 2,333
from acting as an officer or employee or in any other capacity 2,334
under appointment or employment of the department.
(B)(1) For purposes of an audit pursuant to section 117.15 2,336
56
of the Revised Code, or an audit of the department pursuant to 2,337
Chapter 117. of the Revised Code, or an audit, pursuant to such 2,338
chapter, the objective of which is to express an opinion on a 2,339
financial report or statement prepared or issued pursuant to 2,340
division (G) or (I) of section 126.21 of the Revised Code, the 2,341
officers and employees of the auditor of state charged with 2,342
conducting the audit shall have access to and the right to 2,343
examine any state tax returns and state tax return information in 2,344
the possession of the department to the extent that such access 2,345
and examination are necessary for purposes of the audit. Any 2,346
information acquired as the result of such access and examination 2,347
shall not be divulged for any purpose other than as required for 2,348
such audit or unless the officers and employees are required to 2,349
testify in a court or proceeding under compulsion of legal 2,350
process. Whoever violates this provision shall thereafter be 2,351
disqualified from acting as an officer or employee or in any 2,352
other capacity under appointment or employment of the auditor of 2,353
state. 2,354
(2) As provided by section 6103(d)(2) of the Internal 2,356
Revenue Code, any federal tax returns or federal tax information 2,357
which the department has acquired from the internal revenue 2,358
service, through federal and state statutory authority, may be 2,359
disclosed to the auditor of state solely for purposes of an audit 2,360
of the department. 2,361
(C) Division (A) of this section does not prohibit 2,363
divulging information contained in applications, complaints, and 2,364
related documents filed with the department under section 5715.27 2,365
of the Revised Code, or in applications filed with the department 2,366
under section 5715.39 of the Revised Code. 2,367
(D) Division (A) of this section does not prohibit the 2,369
department of taxation providing information to the division of 2,370
child support within the department of human services, or a child 2,371
support enforcement agency, pursuant to division (G)(2) of 2,372
section 5101.31 of the Revised Code.
57
(E) Division (A) of this section does not prohibit the 2,375
disclosure to the board of motor vehicle collision repair 2,376
registration of any information in the possession of the 2,377
department that is necessary for the board to verify the 2,379
existence of an applicant's valid vendor's license and current 2,380
state tax identification number under section 4775.07 of the
Revised Code. 2,381
(F) DIVISION (A) OF THIS SECTION DOES NOT PROHIBIT THE 2,383
DEPARTMENT FROM PROVIDING INFORMATION TO THE ADMINISTRATOR OF 2,384
WORKERS' COMPENSATION PURSUANT TO SECTION 4123.591 OF THE REVISED 2,385
CODE.
Sec. 5747.18. The tax commissioner shall enforce and 2,394
administer this chapter. In addition to any other powers 2,395
conferred upon the commissioner by law, the commissioner may: 2,396
(A) Prescribe all forms required to be filed pursuant to 2,398
this chapter; 2,399
(B) Adopt such rules as the commissioner finds necessary 2,401
to carry out this chapter; 2,402
(C) Appoint and employ such personnel as are necessary to 2,404
carry out the duties imposed upon the commissioner by this 2,405
chapter.
Any information gained as the result of returns, 2,407
investigations, hearings, or verifications required or authorized 2,408
by this chapter is confidential, and no person shall disclose 2,409
such information, except for official purposes, or as provided by 2,410
section 4123.591, 4507.023 or 5101.182, division (G)(2) of 2,411
section 5101.31 or division (B) of section 5703.21 of the Revised 2,413
Code, or in accordance with a proper judicial order. The tax 2,414
commissioner may furnish the internal revenue service with copies 2,415
of returns or reports filed and may furnish the officer of a 2,416
municipal corporation charged with the duty of enforcing a tax 2,417
subject to Chapter 718. of the Revised Code with the names, 2,418
addresses, and identification numbers of taxpayers who may be 2,419
subject to such tax. A municipal corporation shall use this 2,420
58
information for tax collection purposes only. This section does 2,421
not prohibit the publication of statistics in a form which does 2,422
not disclose information with respect to individual taxpayers. 2,423
Section 2. That existing sections 121.03, 3304.23, 2,425
3304.231, 4121.12, 4121.121, 4121.37, 4121.44, 4121.63, 4123.343, 2,428
4123.511, 4123.512, 4123.57, 4123.76, 4123.83, 4123.93, 5703.21,
and 5747.18 of the Revised Code are hereby repealed. 2,430
Section 3. The Administrator of Workers' Compensation 2,432
shall submit a series of reports to the Workers' Compensation 2,433
Oversight Commission, the Office of Budget and Management, the 2,434
Legislative Budget Office of the Legislative Service Commission, 2,435
and the General Assembly semiannually during the 1999-2001 2,437
biennium, beginning on or before October 1, 1999, containing
information relative to all of the following: 2,439
(A) The premium cost per worker, which reports the average 2,441
annual cost a state fund employer pays to provide workers' 2,442
compensation coverage for its employees. The premium cost per 2,443
worker is calculated by adding together an employer's total 2,444
amounts of premiums and assessments paid during a calendar year 2,445
and dividing that sum by the employer's average number of 2,446
workers. 2,447
(B) The claims cost per worker, which reports the average 2,449
annual benefit cost paid for each worker who is employed by a 2,450
state fund employer during the preceding twelve months. The 2,451
claims cost per worker is calculated by dividing an employer's 2,452
total claim expenses paid during the preceding twelve months by 2,453
the employer's average number of workers. 2,454
(C) The administrative cost per claim, which reports the 2,456
average annual administrative expense a state fund employer pays 2,457
to process a claim. The administrative cost per claim is 2,458
calculated by dividing an employer's total amount of 2,459
administrative expenses incurred during the preceding twelve 2,460
months by the total number of claims the employer processed. 2,461
(D) The direct loss ratio, which measures the relationship 2,463
59
between an employer's revenues and workers' compensation benefits 2,465
paid to an injured worker during the preceding twelve months; 2,466
(E) The rate of return generated by investments of the 2,468
Bureau of Workers' Compensation; 2,469
(F) The customer service index, which accounts for various 2,471
statistical measures reflecting the Bureau's customer service 2,472
levels; 2,473
(G) The Health Partnership Program performance index, 2,475
which measures the effectiveness of managed care organizations 2,476
working for the bureau and reflects the quality of care, customer 2,477
satisfaction, and cost of care provided by the managed care 2,478
organizations; 2,479
(H) The rate of injury in the state per 1,000 workers; 2,481
(I) The average and median number of days the bureau takes 2,483
to adjudicate an injured worker's medical bill fee; 2,484
(J) The return-to-work rate of state fund employers' 2,486
injured workers who do not receive workers' compensation benefits 2,487
for at least ninety days following their injury, which reports 2,488
the number of injured workers who returned to work as a 2,489
percentage of total injuries; 2,490
(K) The average number of days it takes for an employer or 2,492
injured worker to report an injury to the bureau, which is 2,493
calculated by taking the average number of days between the date 2,494
of injury and the date the claim was filed with the bureau; 2,495
(L) The percentage of indemnity claims adjudicated by the 2,497
bureau within fourteen days of the injury. 2,498
Section 4. All items in this section are hereby 2,500
appropriated out of any moneys in the state treasury to the 2,501
credit of the designated fund. For all appropriations made in 2,502
this act, those in the first column are for fiscal year 2000, and 2,503
those in the second column are for fiscal year 2001.
BWC BUREAU OF WORKERS' COMPENSATION 2,504
FND ALI ALI TITLE FY 2000 FY 2001 2,507
Workers' Compensation Fund Group 2,509
60
4Y6 855-611 J.L. Camera Center 2,512
Rent $ 1,574,038 $ 1,658,233 2,514
4Y6 855-612 J.L. Camera Center 2,516
Operating $ 10,252,544 $ 10,277,047 2,518
023 855-401 William Green Lease 2,520
Payments to OBA $ 16,208,613 $ 16,914,613 2,522
023 855-407 Claims, Risk & 2,524
Medical Management $ 125,639,667 $ 123,976,161 2,526
023 855-408 Fraud Prevention $ 10,570,473 $ 9,733,674 2,530
023 855-409 Administrative 2,532
Services $ 111,478,353 $ 109,171,402 2,534
023 855-410 Attorney General 2,536
Payments $ 3,690,907 $ 3,774,563 2,538
825 855-605 Disabled Workers 2,540
Relief Fund $ 669,354 $ 689,059 2,542
822 855-606 Coal Workers' Fund $ 77,056 $ 78,597 2,546
823 855-608 Marine Industry $ 46,266 $ 47,654 2,550
826 855-609 Safety & Hygiene 2,552
Operating $ 18,358,104 $ 18,491,102 2,554
TOTAL WCF Workers' Compensation 2,555
Fund Group $ 298,565,375 $ 294,812,105 2,558
TOTAL ALL BUDGET FUND GROUPS $ 298,565,375 $ 294,812,105 2,561
Safety and Hygiene 2,564
Notwithstanding section 4121.37 of the Revised Code, the 2,566
Administrator of the Bureau of Workers' Compensation shall 2,567
transfer moneys from the State Insurance Fund so that 2,568
appropriation item 855-609, Safety and Hygiene Operating, is
provided $18,358,104 in fiscal year 2000 and $18,491,102 in 2,570
fiscal year 2001.
Workers' Compensation Fraud Unit 2,572
The Workers' Compensation Section Fund (Fund 195) shall 2,574
receive payments from the Bureau of Workers' Compensation at the 2,575
beginning of each quarter of each fiscal year to fund expenses of 2,576
the Workers' Compensation Fraud Unit of the Attorney General's 2,577
61
Office. Of the foregoing appropriation item 855-410, Attorney 2,578
General Payments, $735,513 in fiscal year 2000 and $754,294 in
fiscal year 2001 shall be used to provide such payments. 2,579
William Green Lease Payments 2,581
The foregoing appropriation item 855-401, William Green 2,583
Lease Payments to OBA, shall be used for lease payments to the 2,584
Ohio Building Authority, and these appropriations shall be used 2,585
to meet all payments at the times they are required to be made 2,586
during the period from July 1, 1999, to June 30, 2001, by the 2,587
Bureau of Workers' Compensation to the Ohio Building Authority
pursuant to leases and agreements made under Chapter 152. of the 2,588
Revised Code and Section 6 of Am. Sub. H.B. 743 of the 118th 2,589
General Assembly. Of the amounts received in Fund 023, 2,590
appropriation item 855-401, up to $33,123,226 shall be restricted 2,591
for lease rental payments to the Ohio Building Authority. If it
is determined that additional appropriations are necessary for 2,592
such purpose, such amounts are hereby appropriated. 2,593
Notwithstanding any other provision of law to the contrary, 2,595
all tenants of the William Green Building not funded by the 2,596
Workers' Compensation Fund (Fund 023) shall pay their fair share 2,597
of the costs of lease payments to the Workers' Compensation Fund 2,598
(Fund 023) by intrastate transfer voucher.
Camera Center 2,600
The Camera Center Fund (Fund 4Y6) created in division (F) 2,602
of section 4121.62 of the Revised Code shall receive revenues 2,604
raised by the fees Camera Center charges for its services and 2,605
rent paid by tenants of the Center's facilities. The foregoing 2,606
appropriation item 855-611, J.L. Camera Center Rent, shall be
used to pay rent, including building operating expenses, of the 2,607
J. Leonard Camera Rehabilitation Center in Columbus. The 2,608
foregoing appropriation item 855-612, J.L. Camera Center 2,609
Operating, shall be used for all other expenses for the Center. 2,610
The Bureau of Workers' Compensation shall not consider 2,612
appropriations made to the Camera Center Fund (Fund 4Y6) when 2,613
62
establishing administrative cost rates.
Balances 2,615
Notwithstanding any provision of law to the contrary, the 2,617
Director of Budget and Management shall make any transfers of 2,618
cash balances between funds made necessary by the creation of new 2,619
funds, or the consolidation of funds as authorized by the General 2,620
Assembly. Within the first five days after the effective date of 2,621
this section, the administering agency head shall certify to the 2,622
director an estimate of the amount of the cash balance to be
transferred to the receiving fund. The director may transfer the 2,623
estimated amount when needed to make payments. Within thirty 2,624
days after the effective date of this section, the administering 2,625
agency head shall certify the final amount to the director. The 2,626
director shall transfer the difference between any estimated
amount previously transferred and such certified final amount. 2,627
To implement such funding changes as described above 2,629
pertaining to prior year encumbrance balances and commensurate 2,630
appropriation authority, in fiscal year 2000 the Director of 2,631
Budget and Management may cancel encumbrances outstanding on June 2,632
30, 1999, and reestablish such prior year encumbrances or parts 2,633
of encumbrances as needed in fiscal year 2000 in the appropriate
fund or appropriation item as authorized in this act for the same 2,634
purpose and to the same vendor. As determined by the director, 2,635
the appropriation authority necessary to reestablish such prior 2,636
year encumbrances in fiscal year 2000 in a different fund or 2,637
appropriation item within an agency or between agencies is hereby 2,638
authorized. The director shall reduce each prior year's
appropriation authority by the amount of the encumbrances 2,639
canceled in their respective funds and appropriation items. 2,640
Vocational Rehabilitation 2,642
The Bureau of Workers' Compensation and the Rehabilitation 2,644
Services Commission shall enter into an interagency agreement for 2,645
the provision of vocational rehabilitation services and staff to 2,646
mutually eligible clients. The Bureau shall provide $523,245 in 2,647
63
fiscal year 2000 and $537,896 in fiscal year 2001 from the State 2,648
Insurance Fund to fund vocational rehabilitation services and 2,649
staff in accordance with the interagency agreement. 2,650
Fund Balance 2,652
Any unencumbered cash balance in excess of $45,000,000 in 2,654
the Workers' Compensation Fund (Fund 023) on the thirtieth day of 2,655
June of each fiscal year shall be used to reduce the 2,656
administrative cost rate charged to employers to cover 2,657
appropriations for Bureau of Workers' Compensation and Industrial 2,658
Commission operations. 2,659
Section 5. Accounting 2,661
Within the limits set forth in this act, the Director of 2,664
Budget and Management shall establish accounts indicating the 2,665
source and amount of funds for each appropriation made in this
act, and shall determine the form and manner in which 2,666
appropriation accounts shall be maintained. 2,667
The appropriations made in this act are subject to all 2,669
provisions of the main operating appropriations act of the 123rd 2,670
General Assembly that are generally applicable to such 2,671
appropriations.
Section 6. Reissuance of Voided Warrants 2,673
In order to provide funds for the reissuance of voided 2,675
warrants pursuant to section 117.47 of the Revised Code, there is 2,676
hereby appropriated, out of moneys in the state treasury from the 2,677
fund credited as provided in section 117.47 of the Revised Code, 2,678
that amount sufficient to pay such warrants when approved by the 2,679
Office of Budget and Management. 2,680
Section 7. Judgments Against State 2,682
Any appropriations contained in this act, except those to 2,684
be applied to or used for payment of guarantees by or on behalf 2,685
of the state or for debt service on bonds, notes, or certificates 2,686
of participation, may be used for the purpose of satisfying 2,687
judgments, settlements, or administrative awards ordered or 2,688
approved by the Court of Claims or any other court of competent 2,689
64
jurisdiction in connection with civil actions against the state. 2,691
Section 8. Reappropriation of Unexpended Balances 2,693
Notwithstanding section 131.33 of the Revised Code, 2,695
unexpended balances of appropriations and reappropriations 2,696
against which encumbrances have been lawfully incurred by the 2,697
Bureau of Workers' Compensation are, at the close of fiscal years 2,698
1999 and 2000, to the extent of such encumbrances, hereby 2,699
reappropriated from the funds from which they were originally 2,700
appropriated and reappropriated and, except for encumbrances for 2,701
items of special order manufacture not available on term contract 2,702
or open market, made available for the purpose of discharging 2,703
such encumbrances for a period of five months from the end of the 2,704
fiscal year. Unexpended balances of appropriations and 2,705
reappropriations against which encumbrances for items of special 2,706
order manufacture not available on term contract or in the open 2,707
market have been lawfully incurred are, at the close of the 2,708
fiscal year, to the extent of such encumbrances, hereby 2,709
reappropriated and made available for the purpose of discharging 2,710
such encumbrances for a period of five months from the end of the 2,711
fiscal year or, if the Director of Budget and Management 2,712
approves, for a period of not more than twelve months from the 2,713
end of the fiscal year.
Any items for which unexpended balances are reappropriated 2,715
beyond a five-month period from the end of the fiscal year shall 2,716
be reported to the Controlling Board by the Director of Budget 2,717
and Management. The report on each such item shall include the 2,718
item, the cost of the item, the vendor involved, and the delivery 2,719
date. Such reports to the board shall be updated on a quarterly 2,720
basis while the encumbrance remains open. 2,721
After any such period, reappropriations made for the 2,723
purpose of discharging encumbrances for operating expenses, 2,724
defined as those encumbrances incurred for personal services, 2,725
maintenance, and equipment, are canceled. Reappropriations for 2,726
encumbrances other than operating expenses or items of special 2,727
65
manufacture not available on term contract or in the open market 2,728
may be extended by obtaining the approval of the Director of 2,729
Budget and Management.
Section 9. Independent and Severable Items 2,731
If any item of law that constitutes the whole or part of a 2,734
codified or uncodified section of law contained in this act, or 2,735
if any application of any item of law that constitutes the whole 2,736
or part of a codified or uncodified section of law contained in 2,737
this act, is held invalid, the invalidity does not affect other 2,738
items of law or applications of items of law that can be given 2,739
effect without the invalid item of law or application. To this 2,740
end, the items of law of which the codified and uncodified 2,741
sections contained in this act are composed, and their 2,742
applications, are independent and severable.
Section 10. Effective Dates-Codified Sections 2,744
The sections of the Revised Code contained in this act, and 2,746
the items of law of which such sections of the Revised Code are 2,747
composed, are subject to the referendum. Therefore, under Ohio 2,748
Constitution, Article II, Section 1c and section 1.471 of the 2,749
Revised Code, the sections of the Revised Code contained in this 2,750
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 2,751
act is filed with the Secretary of State. If, however, a 2,752
referendum petition is filed against any section of the Revised 2,753
Code contained in this act, or against any item of law of which 2,754
such a section of the Revised Code is composed, the section or 2,755
item of law, unless rejected at the referendum, takes effect at
the earliest time permitted by law. 2,756
Section 11. Effective Dates-Uncodified Sections 2,758
The uncodified sections of law contained in this act, and 2,761
the items of law of which the uncodified sections of law 2,762
contained in this act are composed, are not subject to the 2,763
referendum. Therefore, under Ohio Constitution, Article II, 2,764
Section 1d and section 1.471 of the Revised Code, the uncodified 2,765
66
sections of law contained in this act, and the items of law of 2,766
which the uncodified sections of law contained in this act are 2,768
composed go into immediate effect when this act becomes law.
Section 12. Section 121.03 of the Revised Code is 2,770
presented in this act as a composite of the section as amended by 2,771
both Am. Sub. H.B. 7 and Am. Sub. S.B. 162 of the 121st General 2,772
Assembly, with the new language of neither of the acts shown in 2,774
capital letters. This is in recognition of the principle stated 2,775
in division (B) of section 1.52 of the Revised Code that such 2,776
amendments are to be harmonized where not substantively 2,777
irreconcilable and constitutes a legislative finding that such is 2,778
the resulting version in effect prior to the effective date of 2,779
this act.
Section 13. Section 4123.511 of the Revised Code is 2,781
presented in this act as a composite of the section as amended by 2,782
both Am. Sub. H.B. 362 and Am. Sub. H.B. 363 of the 122nd General 2,783
Assembly, with the new language of neither of the acts shown in 2,785
capital letters. This is in recognition of the principle stated 2,786
in division (B) of section 1.52 of the Revised Code that such 2,787
amendments are to be harmonized where not substantively 2,788
irreconcilable and constitutes a legislative finding that such is 2,789
the resulting version in effect prior to the effective date of 2,790
this act.