As Reported by the Senate Insurance, Commerce             2            

                       and Labor Committee                         2            

123rd General Assembly                                             5            

   Regular Session                         Am. H. B. No. 611       6            

      1999-2000                                                    7            


  REPRESENTATIVES CATES-CORBIN-WILLIAMS-BUEHRER-TRAKAS-HARRIS-     9            

 ROBINSON-YOUNG-HOOD-CALLENDER-HARTNETT-METZGER-AMSTUTZ-VESPER-    10           

WILLAMOWSKI-BUCHY-JONES-SYKES-BARRETT-REDFERN-TERWILLEGER-HOOPS-   11           

                   AUSTRIA-PATTON-SENATOR NEIN                     12           


_________________________________________________________________   14           

                          A   B I L L                                           

             To amend sections 4121.31, 4123.511, 4123.52, and     16           

                4123.84 of the Revised Code to require the         17           

                Administrator of Workers' Compensation and the     18           

                Industrial Commission jointly to adopt rules                    

                governing the submission and sending of documents  19           

                via electronic transmission, to modify the         20           

                processing requirements for claim applications                  

                that are not written, and to declare an            21           

                emergency.                                                      




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        23           

      Section 1.  That sections 4121.31, 4123.511, 4123.52, and    25           

4123.84 of the Revised Code be amended to read as follows:         26           

      Sec. 4121.31.  (A)  The administrator of workers'            35           

compensation and the industrial commission jointly shall adopt     36           

rules covering the following general topics with respect to this   37           

chapter and Chapter 4123. of the Revised Code:                     38           

      (A)(1)  Rules that set forth any general policy and the      40           

principal operating procedures of the bureau of workers'           41           

compensation or commission, including but not limited to:          42           

      (1)(a)  Assignment to various operational units of any       44           

duties placed upon the administrator or the commission by          45           

statute;                                                                        

                                                          2      


                                                                 
      (2)(b)  Procedures for decision-making;                      47           

      (3)(c)  Procedures governing the appearances of a claimant,  49           

employer, or their representatives before the agency in a          50           

hearing;                                                           51           

      (4)(d)  Procedures that inform claimants, on request, of     53           

the status of a claim and any actions necessary to maintain the    54           

claim;                                                             55           

      (5)(e)  Time goals for activities of the bureau or           57           

commission;                                                                     

      (6)(f)  Designation of the person or persons authorized to   59           

issue directives with directives numbered and distributed from a   60           

central distribution point to persons on a list maintained for     61           

that purpose.                                                      62           

      (B)(2)  A rule barring any employee of the bureau or         64           

commission from having a workers' compensation claims file in the  65           

employee's possession unless the file is necessary to the          66           

performance of the employee's duties.                              67           

      (C)(3)  All claims, whether of a state fund or               69           

self-insuring employer, be processed in an orderly, uniform, and   70           

timely fashion.                                                    71           

      (4)  RULES GOVERNING THE SUBMISSION AND SENDING OF           73           

APPLICATIONS, NOTICES, EVIDENCE, AND OTHER DOCUMENTS BY            74           

ELECTRONIC MEANS.  THE RULES SHALL PROVIDE THAT WHERE THIS         75           

CHAPTER OR CHAPTER 4123., 4127., OR 4131. OF THE REVISED CODE      77           

REQUIRES THAT A DOCUMENT BE IN WRITING OR REQUIRES A SIGNATURE,                 

THE ADMINISTRATOR AND THE COMMISSION, TO THE EXTENT OF THEIR       79           

RESPECTIVE JURISDICTIONS, MAY APPROVE OF AND PROVIDE FOR THE       80           

ELECTRONIC SUBMISSION AND SENDING OF THOSE DOCUMENTS, AND THE USE  81           

OF AN ELECTRONIC SIGNATURE ON THOSE DOCUMENTS.                     82           

      (B)  AS USED IN THIS SECTION:                                84           

      (1)  "ELECTRONIC" INCLUDES ELECTRICAL, DIGITAL, MAGNETIC,    86           

OPTICAL, ELECTROMAGNETIC, FACSIMILE, OR ANY OTHER FORM OF          87           

TECHNOLOGY THAT ENTAILS CAPABILITIES SIMILAR TO THESE              88           

TECHNOLOGIES.                                                                   

                                                          3      


                                                                 
      (2)  "ELECTRONIC RECORD" MEANS A RECORD GENERATED,           90           

COMMUNICATED, RECEIVED, OR STORED BY ELECTRONIC MEANS FOR USE IN   91           

AN INFORMATION SYSTEM OR FOR TRANSMISSION FROM ONE INFORMATION     92           

SYSTEM TO ANOTHER.                                                              

      (3)  "ELECTRONIC SIGNATURE" MEANS A SIGNATURE IN ELECTRONIC  94           

FORM ATTACHED TO OR LOGICALLY ASSOCIATED WITH AN ELECTRONIC        95           

RECORD.                                                                         

      Sec. 4123.511.  (A)  Within seven days after receipt of any  105          

claim under this chapter, the bureau of workers' compensation                   

shall notify the claimant and the employer of the claimant of the  106          

receipt of the claim and of the facts alleged therein.  If the     107          

bureau receives from a person other than the claimant written or   108          

telecommunicated FACSIMILE information OR INFORMATION              109          

COMMUNICATED VERBALLY OVER THE TELEPHONE indicating that an        112          

injury or occupational disease has occurred or been contracted     113          

with WHICH may be compensable under this chapter, the bureau       115          

shall notify the employee and the employer of the information.     116          

If the information is provided by any method of telecommunication  117          

VERBALLY OVER THE TELEPHONE, the person providing the information  119          

shall provide written verification of the information to the       120          

bureau according to division (E) of section 4123.84 of the         121          

Revised Code.  The receipt of the information in writing OR        122          

FACSIMILE, or if INITIALLY by a method of telecommunications       124          

TELEPHONE, the SUBSEQUENT written verification, and the notice by  125          

the bureau shall be considered an application for compensation     126          

under section 4123.84 or 4123.85 of the Revised Code, provided     127          

that the conditions of division (E) of section 4123.84 of the      128          

Revised Code apply to information provided by a method of          129          

telecommunication VERBALLY OVER THE TELEPHONE.  Upon receipt of a  130          

claim, the bureau shall advise the claimant of the claim number    131          

assigned and the claimant's right to representation in the         133          

processing of a claim or to elect no representation.  If the       134          

bureau determines that a claim is determined to be a compensable   135          

lost-time claim, the bureau shall notify the claimant and the      136          

                                                          4      


                                                                 
employer of the availability of rehabilitation services.  No       137          

bureau or industrial commission employee shall directly or                      

indirectly convey any information in derogation of this right.     138          

This section shall in no way abrogate the bureau's responsibility  139          

to aid and assist a claimant in the filing of a claim and to       140          

advise the claimant of the claimant's rights under the law.        141          

      The administrator of workers' compensation shall assign all  143          

claims and investigations to the bureau service office from which  144          

investigation and determination may be made most expeditiously.    145          

      The bureau shall investigate the facts concerning an injury  147          

or occupational disease and ascertain such facts in whatever       148          

manner is most appropriate and may obtain statements of the        149          

employee, employer, attending physician, and witnesses in          150          

whatever manner is most appropriate.                               151          

      (B)(1)  Except as provided in division (B)(2) of this        153          

section, in claims other than those in which the employer is a     154          

self-insuring employer, if the administrator determines under      155          

division (A) of this section that a claimant is or is not          156          

entitled to an award of compensation or benefits, the              157          

administrator shall issue an order no later than twenty-eight      159          

days after the sending of the notice under division (A) of this    160          

section, granting or denying the payment of the compensation or    161          

benefits, or both as is appropriate to the claimant.               162          

Notwithstanding the time limitation specified in this division                  

for the issuance of an order, if a medical examination of the      163          

claimant is required by statute, the administrator promptly shall  164          

schedule the claimant for that examination and shall issue an      165          

order no later than twenty-eight days after receipt of the report  166          

of the examination.  The administrator shall notify the claimant   167          

and the employer of the claimant and their respective              168          

representatives in writing of the nature of the order and the      169          

amounts of compensation and benefit payments involved.  The        170          

employer or claimant may appeal the order pursuant to division     171          

(C) of this section within fourteen days after the date of the     172          

                                                          5      


                                                                 
receipt of the order.  The employer and claimant may waive, in     173          

writing, their rights to an appeal under this division.            174          

      (2)  Notwithstanding the time limitation specified in        176          

division (B)(1) of this section for the issuance of an order, if   177          

the employer certifies a claim for payment of compensation or      178          

benefits, or both, to a claimant, and the administrator has        179          

completed the investigation of the claim, the payment of benefits  181          

or compensation, or both, as is appropriate, shall commence upon   182          

the later of the date of the certification or completion of the    183          

investigation and issuance of the order by the administrator,      184          

provided that the administrator shall issue the order no later     185          

than the time limitation specified in division (B)(1) of this      186          

section.                                                           187          

      (3)  If an appeal is made under division (B)(1) or (2) of    189          

this section, the administrator shall forward the claim file to    190          

the appropriate district hearing officer within seven days of the  191          

appeal.  In contested claims other than state fund claims, the     192          

administrator shall forward the claim within seven days of the     193          

administrator's receipt of the claim to the commission, which      195          

shall refer the claim to an appropriate district hearing officer   196          

for a hearing in accordance with division (C) of this section.     197          

      (C)  If an employer or claimant timely appeals the order of  199          

the administrator issued under division (B) of this section or in  200          

the case of other contested claims other than state fund claims,   201          

the commission shall refer the claim to an appropriate district    202          

hearing officer according to rules the commission adopts under     203          

section 4121.36 of the Revised Code.  The district hearing         204          

officer shall notify the parties and their respective              205          

representatives of the time and place of the hearing.              206          

      The district hearing officer shall hold a hearing on a       208          

disputed issue or claim within forty-five days after the filing    210          

of the appeal under this division and issue a decision within      211          

seven days after holding the hearing.  The district hearing        212          

officer shall notify the parties and their respective                           

                                                          6      


                                                                 
representatives in writing of the order.  Any party may appeal an  214          

order issued under this division pursuant to division (D) of this  215          

section within fourteen days after receipt of the order under      216          

this division.                                                     217          

      (D)  Upon the timely filing of an appeal of the order of     219          

the district hearing officer issued under division (C) of this     220          

section, the commission shall refer the claim file to an           221          

appropriate staff hearing officer according to its rules adopted   222          

under section 4121.36 of the Revised Code.  The staff hearing      223          

officer shall hold a hearing within forty-five days after the      224          

filing of an appeal under this division and issue a decision       225          

within seven days after holding the hearing under this division.   228          

The staff hearing officer shall notify the parties and their       229          

respective representatives in writing of the staff hearing                      

officer's order.  Any party may appeal an order issued under this  231          

division pursuant to division (E) of this section within fourteen  232          

days after receipt of the order under this division.               233          

      (E)  Upon the filing of a timely appeal of the order of the  235          

staff hearing officer issued under division (D) of this section,   236          

the commission or a designated staff hearing officer, on behalf    237          

of the commission, shall determine whether the commission will     239          

hear the appeal.  If the commission or the designated staff                     

hearing officer decides to hear the appeal, the commission or the  241          

designated staff hearing officer shall notify the parties and      242          

their respective representatives in writing of the time and place  243          

of the hearing.  The commission shall hold the hearing within      244          

forty-five days after the filing of the notice of appeal and,      245          

within seven days after the conclusion of the hearing, the         246          

commission shall issue its order affirming, modifying, or          247          

reversing the order issued under division (D) of this section.     248          

The commission shall notify the parties and their respective       249          

representatives in writing of the order.  If the commission or     250          

the designated staff hearing officer determines not to hear the    251          

appeal, within fourteen days after the filing of the notice of     252          

                                                          7      


                                                                 
appeal, the commission or the designated staff hearing officer     253          

shall issue an order to that effect and notify the parties and                  

their respective representatives in writing of that order.         254          

      Except as otherwise provided in this chapter and Chapters    256          

4121., 4127., and 4131. of the Revised Code, any party may appeal  257          

an order issued under this division to the court pursuant to       258          

section 4123.512 of the Revised Code within sixty days after       259          

receipt of the order, subject to the limitations contained in      260          

that section.                                                      261          

      (F)  Every notice of an appeal from an order issued under    263          

divisions (B), (C), (D), and (E) of this section shall state the   264          

names of the claimant and employer, the number of the claim, the   265          

date of the decision appealed from, and the fact that the          266          

appellant appeals therefrom.                                       267          

      (G)  All of the following apply to the proceedings under     269          

divisions (C), (D), and (E) of this section:                       270          

      (1)  The parties shall proceed promptly and without          272          

continuances except for good cause;                                273          

      (2)  The parties, in good faith, shall engage in the free    275          

exchange of information relevant to the claim prior to the         276          

conduct of a hearing according to the rules the commission adopts  277          

under section 4121.36 of the Revised Code;                         278          

      (3)  The administrator is a party and may appear and         280          

participate at all administrative proceedings on behalf of the     281          

state insurance fund.  However, in cases in which the employer is  282          

represented, the administrator shall neither present arguments     283          

nor introduce testimony that is cumulative to that presented or    284          

introduced by the employer or the employer's representative.  The  285          

administrator may file an appeal under this section on behalf of                

the state insurance fund; however, except in cases arising under   286          

section 4123.343 of the Revised Code, the administrator only may   287          

appeal questions of law or issues of fraud when the employer       288          

appears in person or by representative.                                         

      (H)  Except as provided in section 4121.63 of the Revised    290          

                                                          8      


                                                                 
Code and division (J) of this section, payments of compensation    291          

to a claimant or on behalf of a claimant as a result of any order  292          

issued under this chapter shall commence upon the earlier of the   293          

following:                                                                      

      (1)  Fourteen days after the date the administrator issues   295          

an order under division (B) of this section, unless that order is  296          

appealed;                                                          297          

      (2)  The date when the employer has waived the right to      300          

appeal a decision issued under division (B) of this section;       301          

      (3)  If no appeal of an order has been filed under this      303          

section or to a court under section 4123.512 of the Revised Code,  304          

the expiration of the time limitations for the filing of an        305          

appeal of an order;                                                306          

      (4)  The date of receipt by the employer of an order of a    308          

district hearing officer, a staff hearing officer, or the          310          

industrial commission issued under division (C), (D), or (E) of    311          

this section.                                                                   

      (I)  No medical benefits payable under this chapter or       313          

Chapter 4121., 4127., or 4131. of the Revised Code are payable     314          

until the earlier of the following:                                315          

      (1)  The date of the issuance of the staff hearing           317          

officer's order under division (D) of this section;                318          

      (2)  The date of the final administrative or judicial        320          

determination.                                                     321          

      (J)  Upon the final administrative or judicial               323          

determination under this section or section 4123.512 of the        324          

Revised Code of an appeal of an order to pay compensation, if a    325          

claimant is found to have received compensation pursuant to a      326          

prior order which is reversed upon subsequent appeal, the          327          

claimant's employer, if a self-insuring employer, or the bureau,   329          

shall withhold from any amount to which the claimant becomes       330          

entitled pursuant to any claim, past, present, or future, under    331          

Chapter 4121., 4123., 4127., or 4131. of the Revised Code, the     332          

amount of previously paid compensation to the claimant which, due  333          

                                                          9      


                                                                 
to reversal upon appeal, the claimant is not entitled, pursuant    334          

to the following criteria:                                         335          

      (1)  No withholding for the first twelve weeks of temporary  337          

total disability compensation pursuant to section 4123.56 of the   338          

Revised Code shall be made;                                        339          

      (2)  Forty per cent of all awards of compensation paid       341          

pursuant to sections 4123.56 and 4123.57 of the Revised Code,      342          

until the amount overpaid is refunded;                             343          

      (3)  Twenty-five per cent of any compensation paid pursuant  345          

to section 4123.58 of the Revised Code until the amount overpaid   346          

is refunded;                                                       347          

      (4)  If, pursuant to an appeal under section 4123.512 of     349          

the Revised Code, the court of appeals or the supreme court        350          

reverses the allowance of the claim, then no amount of any         351          

compensation will be withheld.                                     352          

      The administrator and self-insuring employers, as            354          

appropriate, are subject to the repayment schedule of this         355          

division only with respect to an order to pay compensation that    356          

was properly paid under a previous order, but which is                          

subsequently reversed upon an administrative or judicial appeal.   357          

The administrator and self-insuring employers are not subject to,  358          

but may utilize, the repayment schedule of this division, or any   359          

other lawful means, to collect payment of compensation made to a   360          

person who was not entitled to the compensation due to fraud as    361          

determined by the administrator or the industrial commission.      362          

      (K)  If a staff hearing officer or the commission fails to   364          

issue a decision or the commission fails to refuse to hear an      365          

appeal within the time periods required by this section, payments  366          

to a claimant shall cease until the staff hearing officer or       367          

commission issues a decision or hears the appeal, unless the       368          

failure was due to the fault or neglect of the employer or the     369          

employer agrees that the payments should continue for a longer     370          

period of time.                                                    371          

      (L)  Except as otherwise provided in this section or         373          

                                                          10     


                                                                 
section 4123.522 of the Revised Code, no appeal is timely filed    374          

under this section unless the appeal is filed with the time        375          

limits set forth in this section.                                               

      (M)  No person who is not an employee of the bureau or       377          

commission or who is not by law given access to the contents of a  378          

claims file shall have a file in the person's possession.          379          

      (N)  Upon application of a party who resides in an area in   382          

which an emergency or disaster is declared, the industrial         383          

commission and hearing officers of the commission may waive the    384          

time frame within which claims and appeals of claims set forth in  385          

this section must be filed upon a finding that the applicant was   386          

unable to comply with a filing deadline due to an emergency or a   387          

disaster.                                                                       

      As used in this division:                                    389          

      (1)  "Emergency" means any occasion or instance for which    391          

the governor of Ohio or the president of the United States         393          

publicly declares an emergency and orders state or federal         394          

assistance to save lives and protect property, the public health   395          

and safety, or to lessen or avert the threat of a catastrophe.     396          

      (2)  "Disaster" means any natural catastrophe or fire,       398          

flood, or explosion, regardless of the cause, that causes damage   399          

of sufficient magnitude that the governor of Ohio or the           400          

President PRESIDENT of the United States, through a public         401          

declaration, orders state or federal assistance to alleviate       403          

damage, loss, hardship, or suffering that results from the         404          

occurrence.                                                                     

      Sec. 4123.52.  The jurisdiction of the industrial            413          

commission and the authority of the administrator of workers'      414          

compensation over each case is continuing, and the commission may  415          

make such modification or change with respect to former findings   416          

or orders with respect thereto, as, in its opinion is justified.   417          

No modification or change nor any finding or award in respect of   418          

any claim shall be made with respect to disability, compensation,  419          

dependency, or benefits, after six years from the date of injury   421          

                                                          11     


                                                                 
in the absence of the payment of medical benefits under this                    

chapter, in which event the modification, change, finding, or      422          

award shall be made within six years after the payment of medical  424          

benefits, or in the absence of payment of compensation under                    

section 4123.57, 4123.58, or division (A) or (B) of section        426          

4123.56 of the Revised Code or wages in lieu of compensation in a  427          

manner so as to satisfy the requirements of section 4123.84 of                  

the Revised Code, in which event the modification, change,         428          

finding, or award shall be made within ten years from the date of  429          

the last payment of compensation or from the date of death, nor    430          

unless written notice of claim for the specific part or parts of   431          

the body injured or disabled has been given as provided in         432          

section 4123.84 or 4123.85 of the Revised Code, and the            433          

commission shall not make any modification, change, finding, or    434          

award which shall award compensation for a back period in excess   435          

of two years prior to the date of filing application therefor.     436          

This section does not affect the right of a claimant to            437          

compensation accruing subsequent to the filing of any such         438          

application, provided the application is filed within the time     439          

limit provided in this section.                                                 

      This section does not deprive the commission of its          441          

continuing jurisdiction to determine the questions raised by any   442          

application for modification of award which has been filed with    443          

the commission after June 1, 1932, and prior to the expiration of  444          

the applicable period but in respect to which no award has been    445          

granted or denied during the applicable period.                    446          

      The commission may, by general rules, provide for the        448          

destruction of files of cases in which no further action may be    449          

taken.                                                             450          

      The commission and administrator of workers' compensation    452          

each may, by general rules, provide for the retention and          453          

destruction of all other records in their possession or under      454          

their control pursuant to section 121.211 and sections 149.34 to   455          

149.36 of the Revised Code.  The bureau of workers' compensation   456          

                                                          12     


                                                                 
may purchase or rent required equipment for the document           457          

retention media, as determined necessary to preserve the records.  458          

Photographs, microphotographs, microfilm, films, or other direct   459          

document retention media, when properly identified, have the same  460          

effect as the original record and may be offered in like manner    461          

and may be received as evidence in PROCEEDINGS BEFORE THE          462          

INDUSTRIAL COMMISSION, STAFF HEARING OFFICERS, AND DISTRICT        463          

HEARING OFFICERS, AND IN any court where the original record       465          

could have been introduced.                                                     

      Sec. 4123.84.  (A)  In all cases of injury or death, claims  474          

for compensation or benefits for the specific part or parts of     475          

the body injured shall be forever barred unless, within two years  476          

after the injury or death:                                         477          

      (1)  Written OR FACSIMILE notice of the specific part or     479          

parts of the body claimed to have been injured has been made to    480          

the industrial commission or the bureau of workers' compensation;  481          

      (2)  The employer, with knowledge of a claimed compensable   483          

injury or occupational disease, has paid wages in lieu of          484          

compensation for total disability;                                 485          

      (3)  In the event the employer is a self-insuring employer,  487          

one of the following has occurred:                                 488          

      (a)  Written OR FACSIMILE notice of the specific part or     490          

parts of the body claimed to have been injured has been given to   491          

the commission or bureau or the employer has furnished treatment   492          

by a licensed physician in the employ of an employer, provided,    493          

however, that the furnishing of such treatment shall not           494          

constitute a recognition of a claim as compensable, but shall do   495          

no more than satisfy the requirements of this section;             496          

      (b)  Compensation or benefits have been paid or furnished    498          

equal to or greater than is provided for in sections 4123.52,      499          

4123.55 to 4123.62, and 4123.64 to 4123.67 of the Revised Code.    500          

      (4)  Written OR FACSIMILE notice of death has been given to  502          

the commission or bureau.                                          503          

      (B)  The bureau shall provide printed notices quoting in     505          

                                                          13     


                                                                 
full division (A) of this section, and every self-insuring         506          

employer shall post and maintain at all times one or more of the   507          

notices in conspicuous places in the workshop or places of         508          

employment.                                                        509          

      (C)  The commission has continuing jurisdiction as set       511          

forth in section 4123.52 of the Revised Code over a claim which    512          

meets the requirement of this section, including jurisdiction to   513          

award compensation or benefits for loss or impairment of bodily    514          

functions developing in a part or parts of the body not specified  515          

pursuant to division (A)(1) of this section, if the commission     516          

finds that the loss or impairment of bodily functions was due to   517          

and a result of or a residual of the injury to one of the parts    518          

of the body set forth in the written notice filed pursuant to      519          

division (A)(1) of this section.                                   520          

      (D)  Any claim pending before the administrator, the         522          

commission, or a court on December 11, 1967, in which the remedy   523          

is affected by this section is governed by this section.           524          

      (E)  Notwithstanding the requirement that the notice         526          

required to be given to the bureau, commission, or employer under  527          

this section is to be in writing OR FACSIMILE, the bureau may      528          

accept, assign a claim number, and process a CLAIM WHEN notice IS  530          

provided by any method of telecommunication VERBALLY OVER THE      532          

TELEPHONE.  Immediately upon receipt of the telecommunicated       534          

notice PROVIDED VERBALLY OVER THE TELEPHONE, the bureau shall      535          

send a written OR FACSIMILE notice to the employer of the          536          

bureau's receipt of the telecommunicated VERBAL notice.  Within    537          

fifteen days after receipt of the BUREAU'S WRITTEN OR FACSIMILE    538          

notice, the employer may in writing OR FACSIMILE either verify or  539          

not verify the telecommunicated VERBAL notice.  If the bureau      540          

does not receive the written OR FACSIMILE notification from the    542          

employer or receives a written OR FACSIMILE notification           544          

verifying the telecommunicated VERBAL notice within such time      546          

period, the claim is validly filed and such telecommunicated                    

VERBAL notice tolls the statute of limitations in regard to the    547          

                                                          14     


                                                                 
claim filed and is considered to meet the requirements of written  548          

OR FACSIMILE notice required by this section.                      550          

      (F)  As used in division (A)(3)(b) of this section,          552          

"benefits" means payments by a self-insuring employer to, or on    553          

behalf of, an employee for a hospital bill, a medical bill to a    554          

licensed physician or hospital, or an orthopedic or prosthetic     555          

device.                                                            556          

      Section 2.  That existing sections 4121.31, 4123.511,        558          

4123.52, and 4123.84 of the Revised Code are hereby repealed.      559          

      Section 3.  This act is hereby declared to be an emergency   561          

measure necessary for the immediate preservation of the public     562          

peace, health, and safety.  The reason for such necessity is to    563          

enable the Bureau of Workers' Compensation to continue processing  564          

claims and the Industrial Commission to continue adjudicating      565          

claims in a timely and efficient manner and to ensure that         566          

unnecessary lapses and avoidable delays do not interfere with the  567          

continuing care and treatment of claimants throughout the state.   568          

Therefore, this act shall go into immediate effect.                569