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          

                                                          3      


                                                                 
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          

                                                          4      


                                                                 
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          

                                                          5      


                                                                 
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          

                                                          6      


                                                                 
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          

                                                          7      


                                                                 
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          

                                                          8      


                                                                 
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                 

                                                          9      


                                                                 
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          

                                                          10     


                                                                 
      (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          

                                                          11     


                                                                 
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          

                                                          12     


                                                                 
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          

                                                          14     


                                                                 
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          

                                                          15     


                                                                 
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               

                                                          16     


                                                                 
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          

                                                          17     


                                                                 
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.