As Passed by the Senate

126th General Assembly Regular Session 2005-2006

Am. Sub. S. B. No. 7

Senators Cates, Spada, Austria, Mumper, Wachtmann, Schuler, Padgett, Clancy, Niehaus, Coughlin, Hottinger, Armbruster, Jacobson, Harris 

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A BILL

To amend sections 2913.48, 3121.034, 3121.037,

1

4121.10, 4121.44, 4121.441, 4123.01, 4123.32,

2

4123.35, 4123.512, 4123.52, 4123.54, 4123.56,

3

4123.57, 4123.58, 4123.61, 4123.65, 4123.88,

4

5703.21, and 5747.18, to enact sections 3121.0311,

5

4121.131, 4121.444, 4123.271, and 4123.311 of the

6

Revised Code to make various changes to the

7

Workers' Compensation Law.

8

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

Section 1. That sections 2913.48, 3121.034, 3121.037,	9
4121.10, 4121.44, 4121.441, 4123.01, 4123.32, 4123.35, 4123.512,	10
4123.52, 4123.54, 4123.56, 4123.57, 4123.58, 4123.61, 4123.65,	11
4123.88, 5703.21, and 5747.18 be amended and sections 3121.0311,	12
4121.131, 4121.444, 4123.271, and 4123.311 of the Revised Code be	13
enacted to read as follows:	14

Sec. 2913.48.  (A) No person, with purpose to defraud or	15
knowing that the person is facilitating a fraud, shall do any of	16
the following:	17

(1) Receive workers' compensation benefits to which the	18
person is not entitled;	19

(2) Make or present or cause to be made or presented a false	20
or misleading statement with the purpose to secure payment for	21
goods or services rendered under Chapter 4121., 4123., 4127., or	22
4131. of the Revised Code or to secure workers' compensation	23
benefits;	24

(3) Alter, falsify, destroy, conceal, or remove any record or	25
document that is necessary to fully establish the validity of any	26
claim filed with, or necessary to establish the nature and	27
validity of all goods and services for which reimbursement or	28
payment was received or is requested from, the bureau of workers'	29
compensation, or a self-insuring employer under Chapter 4121.,	30
4123., 4127., or 4131. of the Revised Code;	31

(4) Enter into an agreement or conspiracy to defraud the	32
bureau or a self-insuring employer by making or presenting or	33
causing to be made or presented a false claim for workers'	34
compensation benefits;	35

(5) Make or present or cause to be made or presented a false	36
statement concerning manual codes, classification of employees,	37
payroll, paid compensation, or number of personnel, when	38
information of that nature is necessary to determine the actual	39
workers' compensation premium or assessment owed to the bureau by	40
an employer;	41

(6) Alter, forge, or create a workers' compensation	42
certificate to falsely show current or correct workers'	43
compensation coverage;	44

(7) Fail to secure or maintain workers' compensation coverage	45
as required by Chapter 4123. of the Revised Code with the intent	46
to defraud the bureau of workers' compensation.	47

(B) Whoever violates this section is guilty of workers'	48
compensation fraud. Except as otherwise provided in this division,	49
a violation of this section is a misdemeanor of the first degree.	50
If the value of thepremiums and assessments unpaid pursuant to	51
actions described in division (A)(5), (6), or (7) of this section,	52
or of goods, services, property, or money stolen is five hundred	53
dollars or more and is less than five thousand dollars, a	54
violation of this section is a felony of the fifth degree. If the	55
value of thepremiums and assessments unpaid pursuant to actions	56
described in division (A)(5), (6), or (7) of this section, or of	57
goods, services, property, or money stolen is five thousand	58
dollars or more and is less than one hundred thousand dollars, a	59
violation of this section is a felony of the fourth degree. If the	60
value of thepremiums and assessments unpaid pursuant to actions	61
described in division (A)(5), (6), or (7) of this section, or of	62
goods, services, property, or money stolen is one hundred thousand	63
dollars or more, a violation of this section is a felony of the	64
third degree.	65

(C) Upon application of the governmental body that conducted	66
the investigation and prosecution of a violation of this section,	67
the court shall order the person who is convicted of the violation	68
to pay the governmental body its costs of investigating and	69
prosecuting the case. These costs are in addition to any other	70
costs or penalty provided in the Revised Code or any other section	71
of law.	72

(D) The remedies and penalties provided in this section are	73
not exclusive remedies and penalties and do not preclude the use	74
of any other criminal or civil remedy or penalty for any act that	75
is in violation of this section.	76

(E) As used in this section:

77

(1) "False" means wholly or partially untrue or deceptive.

78

(2) "Goods" includes, but is not limited to, medical	79
supplies, appliances, rehabilitative equipment, and any other	80
apparatus or furnishing provided or used in the care, treatment,	81
or rehabilitation of a claimant for workers' compensation	82
benefits.	83

(3) "Services" includes, but is not limited to, any service	84
provided by any health care provider to a claimant for workers'	85
compensation benefits and any and all services provided by the	86
bureau as part of workers' compensation insurance coverage.	87

(4) "Claim" means any attempt to cause the bureau, an	88
independent third party with whom the administrator or an employer	89
contracts under section 4121.44 of the Revised Code, or a	90
self-insuring employer to make payment or reimbursement for	91
workers' compensation benefits.	92

(5) "Employment" means participating in any trade,	93
occupation, business, service, or profession for substantial	94
gainful remuneration.	95

(6) "Employer," "employee," and "self-insuring employer" have	96
the same meanings as in section 4123.01 of the Revised Code.	97

(7) "Remuneration" includes, but is not limited to, wages,	98
commissions, rebates, and any other reward or consideration.	99

(8) "Statement" includes, but is not limited to, any oral,	100
written, electronic, electronic impulse, or magnetic communication	101
notice, letter, memorandum, receipt for payment, invoice, account,	102
financial statement, or bill for services; a diagnosis, prognosis,	103
prescription, hospital, medical, or dental chart or other record;	104
and a computer generated document.	105

(9) "Records" means any medical, professional, financial, or	106
business record relating to the treatment or care of any person,	107
to goods or services provided to any person, or to rates paid for	108
goods or services provided to any person, or any record that the	109
administrator of workers' compensation requires pursuant to rule.	110

(10) "Workers' compensation benefits" means any compensation	111
or benefits payable under Chapter 4121., 4123., 4127., or 4131. of	112
the Revised Code.	113

Sec. 3121.034.  (A) AExcept for deductions from lump sum	114
payments made in accordance with section 3121.0311 of the Revised	115
Code, a withholding or deduction requirement contained in a	116
withholding or deduction notice described in section 3121.03 of	117
the Revised Code has priority over any order of attachment, any	118
order in aid of execution, and any other legal process issued	119
under state law against the same earnings, payments, or account.	120

(B) When two or more withholding notices are received by a	121
payor, the payor shall comply with all of the requirements	122
contained in the notices to the extent that the total amount	123
withheld from the obligor's income does not exceed the maximum	124
amount permitted under section 303(b) of the "Consumer Credit	125
Protection Act," 15 U.S.C. 1673(b), withhold amounts in accordance	126
with the allocation set forth in divisions (B)(1) and (2) of this	127
section, notify each court or child support enforcement agency	128
that issued one of the notices of the allocation, and give	129
priority to amounts designated in each notice as current support	130
in the following manner:	131

(1) If the total of the amounts designated in the notices as	132
current support exceeds the amount available for withholding under	133
section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C.	134
1673(b), the payor shall allocate to each notice an amount for	135
current support equal to the amount designated in that notice as	136
current support multiplied by a fraction in which the numerator is	137
the amount of income available for withholding and the denominator	138
is the total amount designated in all of the notices as current	139
support.	140

(2) If the total of the amounts designated in the notices as	141
current support does not exceed the amount available for	142
withholding under section 303(b) of the "Consumer Credit	143
Protection Act," 15 U.S.C. 1673(b), the payor shall pay all of the	144
amounts designated as current support in the notices and shall	145
allocate to each notice an amount for past-due support equal to	146
the amount designated in that notice as past-due support	147
multiplied by a fraction in which the numerator is the amount of	148
income remaining available for withholding after the payment of	149
current support and the denominator is the total amount designated	150
in all of the notices as past-due support.	151

Sec. 3121.037.  (A) A withholding notice sent under section	152
3121.03 of the Revised Code shall contain all of the following:	153

(1) Notice of the amount to be withheld from the obligor's	154
income and a statement that, notwithstanding that amount, the	155
payor may not withhold an amount for support and other purposes,	156
including the fee described in division (A)(11) of this section,	157
that exceeds the maximum amounts permitted under section 303(b) of	158
the "Consumer Credit Protection Act," 15 U.S.C. 1673(b);	159

(2) A statement that the payor is required to send the amount	160
withheld to the office of child support immediately, but not later	161
than seven business days, after the obligor is paid and is	162
required to report to the agency the date the amount was withheld;	163

(3) A statement that the withholding is binding on the payor	164
until further notice from the court or agency;	165

(4) A statement that if the payor is an employer, the payor	166
is subject to a fine to be determined under the law of this state	167
for discharging the obligor from employment, refusing to employ	168
the obligor, or taking any disciplinary action against the obligor	169
because of the withholding requirement;	170

(5) A statement that, if the payor fails to withhold in	171
accordance with the notice, the payor is liable for the	172
accumulated amount the payor should have withheld from the	173
obligor's income;	174

(6) A statement that, except for deductions from lump sum	175
payments made in accordance with section 3121.0311 of the Revised	176
Code, the withholding in accordance with the notice has priority	177
over any other legal process under the law of this state against	178
the same income;	179

(7) The date on which the notice was mailed and a statement	180
that the payor is required to implement the withholding no later	181
than fourteen business days following the date the notice was	182
mailed or, if the payor is an employer, no later than the first	183
pay period that occurs after fourteen business days following the	184
date the notice was mailed, and is required to continue the	185
withholding at the intervals specified in the notice.	186

(8) A requirement that the payor do the following:

187

(a) Promptly notify the child support enforcement agency	188
administering the support order, in writing, within ten business	189
days after the date of any situation that occurs in which the	190
payor ceases to pay income to the obligor in an amount sufficient	191
to comply with the order, including termination of employment,	192
layoff of the obligor from employment, any leave of absence of the	193
obligor from employment without pay, termination of workers'	194
compensation benefits, or termination of any pension, annuity,	195
allowance, or retirement benefit;	196

(b) Provide the agency with the obligor's last known address	197
and, with respect to a court support order and if known, notify	198
the agency of any new employer or income source and the name,	199
address, and telephone number of the new employer or income	200
source.	201

(9) A requirement that, if the payor is an employer, the	202
payor do both of the following:	203

(a) Identify in the notice given under division (A)(8) of	204
this section any types of benefits other than personal earnings	205
the obligor is receiving or is eligible to receive as a benefit of	206
employment or as a result of the obligor's termination of	207
employment, including, but not limited to, unemployment	208
compensation, workers' compensation benefits, severance pay, sick	209
leave, lump sum payments of retirement benefits or contributions,	210
and bonuses or profit-sharing payments or distributions, and the	211
amount of the benefits;	212

(b) Include in the notice the obligor's last known address	213
and telephone number, date of birth, social security number, and	214
case number and, if known, the name and business address of any	215
new employer of the obligor.	216

(10) ASubject to section 3121.0311 of the Revised Code, a	217
requirement that, no later than the earlier of forty-five days	218
before a lump sum payment is to be made or, if the obligor's right	219
to the lump sum payment is determined less than forty-five days	220
before it is to be made, the date on which that determination is	221
made, the payor notify the child support enforcement agency	222
administering the support order of any lump sum payment of any	223
kind of one hundred fifty dollars or more that is to be paid to	224
the obligor, hold each lump sum payment of one hundred fifty	225
dollars or more for thirty days after the date on which it would	226
otherwise be paid to the obligor and, on order of the court or	227
agency that issued the support order, pay all or a specified	228
amount of the lump sum payment to the office of child support;	229

(11) A statement that, in addition to the amount withheld for	230
support, the payor may withhold a fee from the obligor's income as	231
a charge for its services in complying with the notice and a	232
specification of the amount that may be withheld.	233

(B) A deduction notice sent under section 3121.03 of the	234
Revised Code shall contain all of the following:	235

(1) Notice of the amount to be deducted from the obligor's	236
account;	237

(2) A statement that the financial institution is required to	238
send the amount deducted to the office of child support	239
immediately, but not later than seven business days, after the	240
date the last deduction was made and to report to the child	241
support enforcement agency the date on which the amount was	242
deducted;	243

(3) A statement that the deduction is binding on the	244
financial institution until further notice from the court or	245
agency;	246

(4) A statement that the deduction in accordance with the	247
notice has priority over any other legal process under the law of	248
this state against the same account;	249

(5) The date on which the notice was mailed and a statement	250
that the financial institution is required to implement the	251
deduction no later than fourteen business days following that date	252
and to continue the deduction at the intervals specified in the	253
notice;	254

(6) A requirement that the financial institution promptly	255
notify the child support enforcement agency administering the	256
support order, in writing, within ten days after the date of any	257
termination of the account from which the deduction is being made	258
and notify the agency, in writing, of the opening of a new account	259
at that financial institution, the account number of the new	260
account, the name of any other known financial institutions in	261
which the obligor has any accounts, and the numbers of those	262
accounts;	263

(7) A requirement that the financial institution include in	264
all notices the obligor's last known mailing address, last known	265
residence address, and social security number;	266

(8) A statement that, in addition to the amount deducted for	267
support, the financial institution may deduct a fee from the	268
obligor's account as a charge for its services in complying with	269
the notice and a specification of the amount that may be deducted.	270

Sec. 3121.0311.  (A) If a lump sum payment referred to in	271
division (A)(10) of section 3121.037 of the Revised Code consists	272
of workers' compensation benefits and the obligor is represented	273
by an attorney with respect to the obligor's workers' compensation	274
claim, prior to issuing the notice to the child support	275
enforcement agency required by that division, the administrator of	276
workers' compensation, for claims involving state fund employers,	277
or a self-insuring employer, for that employer's claims, shall	278
notify the obligor and the obligor's attorney in writing that the	279
obligor is subject to a support order and that the administrator	280
or self-insuring employer, as appropriate, shall hold the lump sum	281
payment for a period of thirty days after the administrator or	282
self-insuring employer sends this written notice, pending receipt	283
of the information referred to in division (B) of this section.	284

(B) The administrator or self-insuring employer, as	285
appropriate, shall instruct the obligor's attorney in writing to	286
file a copy of the fee agreement signed by the obligor, along with	287
an affidavit signed by the attorney setting forth the amount of	288
the attorney's fee with respect to the lump sum payment award to	289
the obligor and the amount of all necessary expenses, along with	290
documentation of those expenses, incurred by the attorney with	291
respect to obtaining the lump sum award. The obligor's attorney	292
shall file the fee agreement and attorney affidavit with the	293
administrator or self-insuring employer, as appropriate, within	294
thirty days after the date the administrator or self-insuring	295
employer sends the notice required by division (A) of this	296
section.	297

(C) Upon receipt of the fee agreement and attorney affidavit,	298
the administrator or self-insuring employer, as appropriate, shall	299
deduct from the lump sum payment the amount of the attorney's fee	300
and necessary expenses and pay that amount directly to and solely	301
in the name of the attorney within fourteen days after the fee	302
agreement and attorney affidavit have been filed with the	303
administrator or self-insuring employer.	304

(D) After deducting any attorney's fee and necessary	305
expenses, if the lump sum payment is one hundred fifty dollars or	306
more, the administrator or self-insuring employer, as appropriate,	307
shall hold the balance of the lump sum award in accordance with	308
division (A)(10) of section 3121.037 of the Revised Code.	309

Sec. 4121.10.  The industrial commission shall be in	310
continuous session and open for the transaction of business during	311
all business hours of every day excepting Sundays and legal	312
holidays. The sessions of the commission shall be open to the	313
public and shall stand and be adjourned without further notice	314
thereof on its record. All of the proceedings of the commission	315
shall be shown on its record, which shall be a public record	316
except as provided in section 4123.88 of the Revised Code, and all	317
voting shall be had by calling the name of each member of the	318
industrial commission by the executive director, and each member's	319
vote shall be recorded on the record of proceedings as cast. The	320
commission shall keep a separate record of its proceedings	321
relative to claims coming before it for compensation for injured	322
and the dependents of killed employees, which record shall contain	323
its findings and the award in each such claim for compensation	324
considered by it, and in all such claims the reasons for the	325
allowance or rejection thereof shall be stated in said record.	326

Sec. 4121.131. The bureau of workers' compensation special	327
investigation department is a criminal justice agency in	328
investigating reported violations of law relating to workers'	329
compensation, and as such may apply for access to the computerized	330
databases administered by the national crime information center or	331
the law enforcement automated data system in Ohio and to other	332
computerized databases administered for the purpose of making	333
criminal justice information accessible to state and criminal	334
justice agencies.	335

Sec. 4121.44.  (A) The administrator of workers' compensation	336
shall oversee the implementation of the Ohio workers' compensation	337
qualified health plan system as established under section 4121.442	338
of the Revised Code.	339

(B) The administrator shall direct the implementation of the	340
health partnership program administered by the bureau as set forth	341
in section 4121.441 of the Revised Code. To implement the health	342
partnership program, the bureau:	343

(1) Shall certify one or more external vendors, which shall	344
be known as "managed care organizations," to provide medical	345
management and cost containment services in the health partnership	346
program for a period of two years beginning on the date of	347
certification, consistent with the standards established under	348
this section;	349

(2) May recertify external vendors for additional periods of	350
two years; and	351

(3) May integrate the certified vendors with bureau staff and	352
existing bureau services for purposes of operation and training to	353
allow the bureau to assume operation of the health partnership	354
program at the conclusion of the certification periods set forth	355
in division (B)(1) or (2) of this section.	356

(C) Any vendor selected shall demonstrate all of the	357
following:	358

(1) Arrangements and reimbursement agreements with a	359
substantial number of the medical, professional and pharmacy	360
providers currently being utilized by claimants.	361

(2) Ability to accept a common format of medical bill data in	362
an electronic fashion from any provider who wishes to submit	363
medical bill data in that form.	364

(3) A computer system able to handle the volume of medical	365
bills and willingness to customize that system to the bureau's	366
needs and to be operated by the vendor's staff, bureau staff, or	367
some combination of both staffs.	368

(4) A prescription drug system where pharmacies on a	369
statewide basis have access to the eligibility and pricing, at a	370
discounted rate, of all prescription drugs.	371

(5) A tracking system to record all telephone calls from	372
claimants and providers regarding the status of submitted medical	373
bills so as to be able to track each inquiry.	374

(6) Data processing capacity to absorb all of the bureau's	375
medical bill processing or at least that part of the processing	376
which the bureau arranges to delegate.	377

(7) Capacity to store, retrieve, array, simulate, and model	378
in a relational mode all of the detailed medical bill data so that	379
analysis can be performed in a variety of ways and so that the	380
bureau and its governing authority can make informed decisions.	381

(8) Wide variety of software programs which translate medical	382
terminology into standard codes, and which reveal if a provider is	383
manipulating the procedures codes, commonly called "unbundling."	384

(9) Necessary professional staff to conduct, at a minimum,	385
authorizations for treatment, medical necessity, utilization	386
review, concurrent review, post-utilization review, and have the	387
attendant computer system which supports such activity and	388
measures the outcomes and the savings.	389

(10) Management experience and flexibility to be able to	390
react quickly to the needs of the bureau in the case of required	391
change in federal or state requirements.	392

(D)(1) Information contained in a vendor's application for	393
certification in the health partnership program, and other	394
information furnished to the bureau by a vendor for purposes of	395
obtaining certification or to comply with performance and	396
financial auditing requirements established by the administrator,	397
is for the exclusive use and information of the bureau in the	398
discharge of its official duties, and shall not be open to the	399
public or be used in any court in any proceeding pending therein,	400
unless the bureau is a party to the action or proceeding, but the	401
information may be tabulated and published by the bureau in	402
statistical form for the use and information of other state	403
departments and the public. No employee of the bureau, except as	404
otherwise authorized by the administrator, shall divulge any	405
information secured by the employee while in the employ of the	406
bureau in respect to a vendor's application for certification or	407
in respect to the business or other trade processes of any vendor	408
to any person other than the administrator or to the employee's	409
superior.	410

(2) Notwithstanding the restrictions imposed by division	411
(D)(1) of this section, the governor, members of select or	412
standing committees of the senate or house of representatives, the	413
auditor of state, the attorney general, or their designees,	414
pursuant to the authority granted in this chapter and Chapter	415
4123. of the Revised Code, may examine any vendor application or	416
other information furnished to the bureau by the vendor. None of	417
those individuals shall divulge any information secured in the	418
exercise of that authority in respect to a vendor's application	419
for certification or in respect to the business or other trade	420
processes of any vendor to any person.	421

(E) On and after January 1, 2001, a vendor shall not be any	422
insurance company holding a certificate of authority issued	423
pursuant to Title XXXIX of the Revised Code or any health insuring	424
corporation holding a certificate of authority under Chapter 1751.	425
of the Revised Code.	426

(F) The administrator may limit freedom of choice of health	427
care provider or supplier by requiring, beginning with the period	428
set forth in division (B)(1) or (2) of this section, that	429
claimants shall pay an appropriate out-of-plan copayment for	430
selecting a medical provider not within the health partnership	431
program as provided for in this section.	432

(G) The administrator, six months prior to the expiration of	433
the bureau's certification or recertification of the vendor or	434
vendors as set forth in division (B)(1) or (2) of this section,	435
may certify and provide evidence to the governor, the speaker of	436
the house of representatives, and the president of the senate that	437
the existing bureau staff is able to match or exceed the	438
performance and outcomes of the external vendor or vendors and	439
that the bureau should be permitted to internally administer the	440
health partnership program upon the expiration of the	441
certification or recertification as set forth in division (B)(1)	442
or (2) of this section.	443

(H) The administrator shall establish and operate a bureau of	444
workers' compensation health care data program. The administrator	445
shall develop reporting requirements from all employees, employers	446
and medical providers, medical vendors, and plans that participate	447
in the workers' compensation system. The administrator shall do	448
all of the following:	449

(1) Utilize the collected data to measure and perform	450
comparison analyses of costs, quality, appropriateness of medical	451
care, and effectiveness of medical care delivered by all	452
components of the workers' compensation system.	453

(2) Compile data to support activities of the selected vendor	454
or vendors and to measure the outcomes and savings of the health	455
partnership program.	456

(3) Publish and report compiled data to the governor, the	457
speaker of the house of representatives, and the president of the	458
senate on the first day of each January and July, the measures of	459
outcomes and savings of the health partnership program and the	460
qualified health plan system. The administrator shall protect the	461
confidentiality of all proprietary pricing data.	462

(I) Any rehabilitation facility the bureau operates is	463
eligible for inclusion in the Ohio workers' compensation qualified	464
health plan system or the health partnership program under the	465
same terms as other providers within health care plans or the	466
program.	467

(J) In areas outside the state or within the state where no	468
qualified health plan or an inadequate number of providers within	469
the health partnership program exist, the administrator shall	470
permit employees to use a nonplan or nonprogram health care	471
provider and shall pay the provider for the services or supplies	472
provided to or on behalf of an employee for an injury or	473
occupational disease that is compensable under this chapter or	474
Chapter 4123., 4127., or 4131. of the Revised Code on a fee	475
schedule the administrator adopts.	476

(K) No health care provider, whether certified or not, shall	477
charge, assess, or otherwise attempt to collect from an employee,	478
employer, a managed care organization, or the bureau any amount	479
for covered services or supplies that is in excess of the allowed	480
amount paid by a managed care organization, the bureau, or a	481
qualified health plan.	482

(L) The administrator shall permit any employer or group of	483
employers who agree to abide by the rules adopted under this	484
section and sections 4121.441 and 4121.442 of the Revised Code to	485
provide services or supplies to or on behalf of an employee for an	486
injury or occupational disease that is compensable under this	487
chapter or Chapter 4123., 4127., or 4131. of the Revised Code	488
through qualified health plans of the Ohio workers' compensation	489
qualified health plan system pursuant to section 4121.442 of the	490
Revised Code or through the health partnership program pursuant to	491
section 4121.441 of the Revised Code. No amount paid under the	492
qualified health plan system pursuant to section 4121.442 of the	493
Revised Code by an employer who is a state fund employer shall be	494
charged to the employer's experience or otherwise be used in	495
merit-rating or determining the risk of that employer for the	496
purpose of the payment of premiums under this chapter, and if the	497
employer is a self-insuring employer, the employer shall not	498
include that amount in the paid compensation the employer reports	499
under section 4123.35 of the Revised Code.	500

Sec. 4121.441.  (A) The administrator of workers'	501
compensation, with the advice and consent of the workers'	502
compensation oversight commission, shall adopt rules under Chapter	503
119. of the Revised Code for the health care partnership program	504
administered by the bureau of workers' compensation to provide	505
medical, surgical, nursing, drug, hospital, and rehabilitation	506
services and supplies to an employee for an injury or occupational	507
disease that is compensable under this chapter or Chapter 4123.,	508
4127., or 4131. of the Revised Code.	509

The rules shall include, but are not limited to, the	510
following:	511

(1) Procedures for the resolution of medical disputes between	512
an employer and an employee, an employee and a provider, or an	513
employer and a provider, prior to an appeal under section 4123.511	514
of the Revised Code;. Rules the administrator adopts pursuant to	515
division (A)(1) of this section may specify that the resolution	516
procedures shall not be used to resolve disputes concerning	517
medical services rendered that have been approved through standard	518
treatment guidelines, pathways, or presumptive authorization	519
guidelines.	520

(2) Prohibitions against discrimination against any category	521
of health care providers;	522

(3) Procedures for reporting injuries to employers and the	523
bureau by providers;	524

(4) Appropriate financial incentives to reduce service cost	525
and insure proper system utilization without sacrificing the	526
quality of service;	527

(5) Adequate methods of peer review, utilization review,	528
quality assurance, and dispute resolution to prevent, and provide	529
sanctions for, inappropriate, excessive or not medically necessary	530
treatment;	531

(6) A timely and accurate method of collection of necessary	532
information regarding medical and health care service and supply	533
costs, quality, and utilization to enable the administrator to	534
determine the effectiveness of the program;	535

(7) Provisions for necessary emergency medical treatment for	536
an injury or occupational disease provided by a health care	537
provider who is not part of the program;	538

(8) Discounted pricing for all in-patient and out-patient	539
medical services, all professional services, and all	540
pharmaceutical services;	541

(9) Provisions for provider referrals, pre-admission and	542
post-admission approvals, second surgical opinions, and other cost	543
management techniques;	544

(10) Antifraud mechanisms;

545

(11) Standards and criteria for the bureau to utilize in	546
certifying or recertifying a health care provider or a vendor for	547
participation in the health partnership program;	548

(12) Standards and criteria for the bureau to utilize in	549
penalizing or decertifying a health care provider or a vendor from	550
participation in the health partnership program.	551

(B) The administrator shall implement the health partnership	552
program according to the rules the administrator adopts under this	553
section for the provision and payment of medical, surgical,	554
nursing, drug, hospital, and rehabilitation services and supplies	555
to an employee for an injury or occupational disease that is	556
compensable under this chapter or Chapter 4123., 4127., or 4131.	557
of the Revised Code.	558

Sec. 4121.444. (A) No person, health care provider, managed	559
care organization, or owner of a health care provider or managed	560
care organization shall obtain or attempt to obtain payments by	561
deception under Chapter 4121., 4123., 4127., or 4131. of the	562
Revised Code to which the person, health care provider, managed	563
care organization, or owner is not entitled under rules of the	564
bureau of workers' compensation adopted pursuant to sections	565
4121.441 and 4121.442 of the Revised Code.	566

(B) Any person, health care provider, managed care	567
organization, or owner that violates division (A) of this section	568
is liable, in addition to any other penalties provided by law, for	569
all of the following penalties:	570

(1) Payment of interest on the amount of the excess payments	571
at the maximum interest rate allowable for real estate mortgages	572
under section 1343.01 of the Revised Code. The interest shall be	573
calculated from the date the payment was made to the person,	574
owner, health care provider, or managed care organization through	575
the date upon which repayment is made to the bureau or the	576
self-insuring employer.	577

(2) Payment of an amount equal to three times the amount of	578
any excess payments;	579

(3) Payment of a sum of not less than five thousand dollars	580
and not more than ten thousand dollars for each act of deception;	581

(4) All reasonable and necessary expenses that the court	582
determines have been incurred by the bureau or the self-insuring	583
employer in the enforcement of this section.	584

All moneys collected by the bureau pursuant to this section	585
shall be deposited into the state insurance fund created in	586
section 4123.30 of the Revised Code. All moneys collected by a	587
self-insuring employer pursuant to this section shall be awarded	588
to the self-insuring employer.	589

(C)(1) In addition to the monetary penalties provided in	590
division (B) of this section and except as provided in division	591
(C)(3) of this section, the administrator may terminate any	592
agreement between the bureau and a person or a health care	593
provider or managed care organization or its owner and cease	594
reimbursement to that person, provider, organization, or owner for	595
services rendered if any of the following apply:	596

(a) The person, health care provider, managed care	597
organization, or its owner, or an officer, authorized agent,	598
associate, manager, or employee of a person, provider, or	599
organization is convicted of or pleads guilty to a violation of	600
sections 2913.48 or 2923.31 to 2923.36 of the Revised Code or any	601
other criminal offense related to the delivery of or billing for	602
health care benefits.	603

(b) There exists an entry of judgment against the person,	604
health care provider, managed care organization, or its owner, or	605
an officer, authorized agent, associate, manager, or employee of a	606
person, provider, or organization and proof of the specific intent	607
of the person, health care provider, managed care organization, or	608
owner to defraud, in a civil action brought pursuant to this	609
section.	610

(c) There exists an entry of judgment against the person,	611
health care provider, managed care organization, or its owner, or	612
an officer, authorized agent, associate, manager, or employee of a	613
person, provider, or organization in a civil action brought	614
pursuant to sections 2923.31 to 2923.36 of the Revised Code.	615

(2) No person, health care provider, or managed care	616
organization that has had its agreement with and reimbursement	617
from the bureau terminated by the administrator pursuant to	618
division (C)(1) of this section, or an owner, officer, authorized	619
agent, associate, manager, or employee of that person, health care	620
provider, or managed care organization shall do either of the	621
following:	622

(a) Directly provide services to any other bureau provider or	623
have an ownership interest in a provider of services that	624
furnishes services to any other bureau provider;	625

(b) Arrange for, render, or order services for claimants	626
during the period that the agreement of the person, health care	627
provider, managed care organization, or its owner is terminated as	628
described in division (C)(1) of this section;	629

(3) The administrator shall not terminate the agreement or	630
reimbursement if the person, health care provider, managed care	631
organization, or owner demonstrates that the person, provider,	632
organization, or owner did not directly or indirectly sanction the	633
action of the authorized agent, associate, manager, or employee	634
that resulted in the conviction, plea of guilty, or entry of	635
judgment as described in division (C)(1) of this section.	636

(4) Nothing in division (C) of this section prohibits an	637
owner, officer, authorized agent, associate, manager, or employee	638
of a person, health care provider, or managed care organization	639
from entering into an agreement with the bureau if the provider,	640
organization, owner, officer, authorized agent, associate,	641
manager, or employee demonstrates absence of knowledge of the	642
action of the person, health care provider, or managed care	643
organization with which that individual or organization was	644
formerly associated that resulted in a conviction, plea of guilty,	645
or entry of judgment as described in division (C)(1) of this	646
section.	647

(D) The attorney general may bring an action on behalf of the	648
state and a self-insuring employer may bring an action on its own	649
behalf to enforce this section in any court of competent	650
jurisdiction. The attorney general may settle or compromise any	651
action brought under this section with the approval of the	652
administrator.	653

Notwithstanding any other law providing a shorter period of	654
limitations, the attorney general or a self-insuring employer may	655
bring an action to enforce this section at any time within six	656
years after the conduct in violation of this section terminates.	657

(E) The availability of remedies under this section and	658
sections 2913.48 and 2923.31 to 2923.36 of the Revised Code for	659
recovering benefits paid on behalf of claimants for medical	660
assistance does not limit the authority of the bureau or a	661
self-insuring employer to recover excess payments made to an	662
owner, health care provider, managed care organization, or person	663
under state and federal law.	664

(F) As used in this section:

665

(1) "Deception" means acting with actual knowledge in order	666
to deceive another or cause another to be deceived by means of any	667
of the following:	668

(a) A false or misleading representation;

669

(b) The withholding of information;

670

(c) The preventing of another from acquiring information;

671

(d) Any other conduct, act, or omission that creates,	672
confirms, or perpetuates a false impression as to a fact, the law,	673
the value of something, or a person's state of mind.	674

(2) "Owner" means any person having at least a five per cent	675
ownership interest in a health care provider or managed care	676
organization.	677

Sec. 4123.01.  As used in this chapter:

678

(A)(1) "Employee" means:

679

(a) Every person in the service of the state, or of any	680
county, municipal corporation, township, or school district	681
therein, including regular members of lawfully constituted police	682
and fire departments of municipal corporations and townships,	683
whether paid or volunteer, and wherever serving within the state	684
or on temporary assignment outside thereof, and executive officers	685
of boards of education, under any appointment or contract of hire,	686
express or implied, oral or written, including any elected	687
official of the state, or of any county, municipal corporation, or	688
township, or members of boards of education.	689

As used in division (A)(1)(a) of this section, the term	690
"employee" includes the following persons when responding to an	691
inherently dangerous situation that calls for an immediate	692
response on the part of the person, regardless of whether the	693
person is within the limits of the jurisdiction of the person's	694
regular employment or voluntary service when responding, on the	695
condition that the person responds to the situation as the person	696
otherwise would if the person were on duty in the person's	697
jurisdiction:	698

(i) Off-duty peace officers. As used in division (A)(1)(a)(i)	699
of this section, "peace officer" has the same meaning as in	700
section 2935.01 of the Revised Code.	701

(ii) Off-duty firefighters, whether paid or volunteer, of a	702
lawfully constituted fire department.	703

(iii) Off-duty first responders, emergency medical	704
technicians-basic, emergency medical technicians-intermediate, or	705
emergency medical technicians-paramedic, whether paid or	706
volunteer, of an ambulance service organization or emergency	707
medical service organization pursuant to Chapter 4765. of the	708
Revised Code.	709

(b) Every person in the service of any person, firm, or	710
private corporation, including any public service corporation,	711
that (i) employs one or more persons regularly in the same	712
business or in or about the same establishment under any contract	713
of hire, express or implied, oral or written, including aliens and	714
minors, household workers who earn one hundred sixty dollars or	715
more in cash in any calendar quarter from a single household and	716
casual workers who earn one hundred sixty dollars or more in cash	717
in any calendar quarter from a single employer, or (ii) is bound	718
by any such contract of hire or by any other written contract, to	719
pay into the state insurance fund the premiums provided by this	720
chapter.	721

(c) Every person who performs labor or provides services	722
pursuant to a construction contract, as defined in section 4123.79	723
of the Revised Code, if at least ten of the following criteria	724
apply:	725

(i) The person is required to comply with instructions from	726
the other contracting party regarding the manner or method of	727
performing services;	728

(ii) The person is required by the other contracting party to	729
have particular training;	730

(iii) The person's services are integrated into the regular	731
functioning of the other contracting party;	732

(iv) The person is required to perform the work personally;

733

(v) The person is hired, supervised, or paid by the other	734
contracting party;	735

(vi) A continuing relationship exists between the person and	736
the other contracting party that contemplates continuing or	737
recurring work even if the work is not full time;	738

(vii) The person's hours of work are established by the other	739
contracting party;	740

(viii) The person is required to devote full time to the	741
business of the other contracting party;	742

(ix) The person is required to perform the work on the	743
premises of the other contracting party;	744

(x) The person is required to follow the order of work set by	745
the other contracting party;	746

(xi) The person is required to make oral or written reports	747
of progress to the other contracting party;	748

(xii) The person is paid for services on a regular basis such	749
as hourly, weekly, or monthly;	750

(xiii) The person's expenses are paid for by the other	751
contracting party;	752

(xiv) The person's tools and materials are furnished by the	753
other contracting party;	754

(xv) The person is provided with the facilities used to	755
perform services;	756

(xvi) The person does not realize a profit or suffer a loss	757
as a result of the services provided;	758

(xvii) The person is not performing services for a number of	759
employers at the same time;	760

(xviii) The person does not make the same services available	761
to the general public;	762

(xix) The other contracting party has a right to discharge	763
the person;	764

(xx) The person has the right to end the relationship with	765
the other contracting party without incurring liability pursuant	766
to an employment contract or agreement.	767

Every person in the service of any independent contractor or	768
subcontractor who has failed to pay into the state insurance fund	769
the amount of premium determined and fixed by the administrator of	770
workers' compensation for the person's employment or occupation or	771
if a self-insuring employer has failed to pay compensation and	772
benefits directly to the employer's injured and to the dependents	773
of the employer's killed employees as required by section 4123.35	774
of the Revised Code, shall be considered as the employee of the	775
person who has entered into a contract, whether written or verbal,	776
with such independent contractor unless such employees or their	777
legal representatives or beneficiaries elect, after injury or	778
death, to regard such independent contractor as the employer.	779

(2) "Employee" does not mean:

780

(a) A duly ordained, commissioned, or licensed minister or	781
assistant or associate minister of a church in the exercise of	782
ministry;	783

(b) Any officer of a family farm corporation;

784

(c) An individual incorporated as a corporation; or

785

(d) An individual who otherwise is an employee of an employer	786
but who signs the waiver and affidavit specified in section	787
4123.15 of the Revised Code on the condition that the	788
administrator has granted a waiver and exception to the	789
individual's employer under section 4123.15 of the Revised Code.	790

Any employer may elect to include as an "employee" within	791
this chapter, any person excluded from the definition of	792
"employee" pursuant to division (A)(2) of this section. If an	793
employer is a partnership, sole proprietorship, individual	794
incorporated as a corporation, or family farm corporation, such	795
employer may elect to include as an "employee" within this	796
chapter, any member of such partnership, the owner of the sole	797
proprietorship, the individual incorporated as a corporation, or	798
the officers of the family farm corporation. In the event of an	799
election, the employer shall serve upon the bureau of workers'	800
compensation written notice naming the persons to be covered,	801
include such employee's remuneration for premium purposes in all	802
future payroll reports, and no person excluded from the definition	803
of "employee" pursuant to division (A)(2) of this section,	804
proprietor, individual incorporated as a corporation, or partner	805
shall be deemed an employee within this division until the	806
employer has served such notice.	807

For informational purposes only, the bureau shall prescribe	808
such language as it considers appropriate, on such of its forms as	809
it considers appropriate, to advise employers of their right to	810
elect to include as an "employee" within this chapter a sole	811
proprietor, any member of a partnership, an individual	812
incorporated as a corporation, the officers of a family farm	813
corporation, or a person excluded from the definition of	814
"employee" under division (A)(2) of this section, that they should	815
check any health and disability insurance policy, or other form of	816
health and disability plan or contract, presently covering them,	817
or the purchase of which they may be considering, to determine	818
whether such policy, plan, or contract excludes benefits for	819
illness or injury that they might have elected to have covered by	820
workers' compensation.	821

(B) "Employer" means:

822

(1) The state, including state hospitals, each county,	823
municipal corporation, township, school district, and hospital	824
owned by a political subdivision or subdivisions other than the	825
state;	826

(2) Every person, firm, professional employer organization as	827
defined in section 4125.01 of the Revised Code, and private	828
corporation, including any public service corporation, that (a)	829
has in service one or more employees or shared employees regularly	830
in the same business or in or about the same establishment under	831
any contract of hire, express or implied, oral or written, or (b)	832
is bound by any such contract of hire or by any other written	833
contract, to pay into the insurance fund the premiums provided by	834
this chapter.	835

All such employers are subject to this chapter. Any member of	836
a firm or association, who regularly performs manual labor in or	837
about a mine, factory, or other establishment, including a	838
household establishment, shall be considered an employee in	839
determining whether such person, firm, or private corporation, or	840
public service corporation, has in its service, one or more	841
employees and the employer shall report the income derived from	842
such labor to the bureau as part of the payroll of such employer,	843
and such member shall thereupon be entitled to all the benefits of	844
an employee.	845

(C) "Injury" includes any injury, whether caused by external	846
accidental means or accidental in character and result, received	847
in the course of, and arising out of, the injured employee's	848
employment. "Injury" does not include:	849

(1) Psychiatric conditions except where the claimant's	850
psychiatric conditions have arisen from an injury or occupational	851
disease sustained by that claimant or where the claimant's	852
psychiatric conditions have arisen from sexual conduct in which	853
the claimant was forced by threat of physical harm to engage or	854
participate;	855

(2) Injury or disability caused primarily by the natural	856
deterioration of tissue, an organ, or part of the body;	857

(3) Injury or disability incurred in voluntary participation	858
in an employer-sponsored recreation or fitness activity if the	859
employee signs a waiver of the employee's right to compensation or	860
benefits under this chapter prior to engaging in the recreation or	861
fitness activity;	862

(4) A condition that pre-existed an injury unless that	863
pre-existing condition is substantially aggravated by the injury.	864
Such a substantial aggravation must be documented by objective	865
diagnostic findings, objective clinical findings, or objective	866
test results. Subjective complaints may be evidence of such a	867
substantial aggravation. However, subjective complaints without	868
objective diagnostic findings, objective clinical findings, or	869
objective test results are insufficient to substantiate a	870
substantial aggravation.	871

(D) "Child" includes a posthumous child and a child legally	872
adopted prior to the injury.	873

(E) "Family farm corporation" means a corporation founded for	874
the purpose of farming agricultural land in which the majority of	875
the voting stock is held by and the majority of the stockholders	876
are persons or the spouse of persons related to each other within	877
the fourth degree of kinship, according to the rules of the civil	878
law, and at least one of the related persons is residing on or	879
actively operating the farm, and none of whose stockholders are a	880
corporation. A family farm corporation does not cease to qualify	881
under this division where, by reason of any devise, bequest, or	882
the operation of the laws of descent or distribution, the	883
ownership of shares of voting stock is transferred to another	884
person, as long as that person is within the degree of kinship	885
stipulated in this division.	886

(F) "Occupational disease" means a disease contracted in the	887
course of employment, which by its causes and the characteristics	888
of its manifestation or the condition of the employment results in	889
a hazard which distinguishes the employment in character from	890
employment generally, and the employment creates a risk of	891
contracting the disease in greater degree and in a different	892
manner from the public in general.	893

(G) "Self-insuring employer" means an employer who is granted	894
the privilege of paying compensation and benefits directly under	895
section 4123.35 of the Revised Code, including a board of county	896
commissioners for the sole purpose of constructing a sports	897
facility as defined in section 307.696 of the Revised Code,	898
provided that the electors of the county in which the sports	899
facility is to be built have approved construction of a sports	900
facility by ballot election no later than November 6, 1997.	901

(H) "Public employer" means an employer as defined in	902
division (B)(1) of this section.	903

(I) "Sexual conduct" means vaginal intercourse between a male	904
and female; anal intercourse, fellatio, and cunnilingus between	905
persons regardless of gender; and, without privilege to do so, the	906
insertion, however slight, of any part of the body or any	907
instrument, apparatus, or other object into the vaginal or anal	908
cavity of another. Penetration, however slight, is sufficient to	909
complete vaginal or anal intercourse.	910

Sec. 4123.271. The administrator of workers' compensation may	911
furnish to the tax commissioner, on a quarterly basis, a list in a	912
format approved by the tax commissioner containing the name and	913
social security number or employer identification number of any	914
employer, and may request that the tax commissioner, on a	915
quarterly basis, report the total amount of compensation paid that	916
the employer reported for the period for which the annual return	917
is made pursuant to division (F)(3) of section 5747.07 of the	918
Revised Code, for each employer contained on the administrator's	919
list.	920

Upon receipt of this list and request, the tax commissioner	921
shall provide to the administrator, in a format designed by the	922
tax commissioner, information identifying any employer listed by	923
the administrator who reported compensation paid to employees on	924
the most recent return filed by the person pursuant to section	925
5747.07 of the Revised Code and the total amount of compensation	926
paid that the employer reported for the period for which the	927
annual return is made pursuant to division (F)(3) of section	928
5747.07 of the Revised Code.	929

Sec. 4123.311.  (A) The administrator of workers'	930
compensation may do all of the following:	931

(1) Utilize direct deposit of funds by electronic transfer	932
for all disbursements the administrator is authorized to pay under	933
this chapter and Chapters 4121., 4127., and 4131. of the Revised	934
Code;	935

(2) Require any payee to provide a written authorization	936
designating a financial institution and an account number to which	937
a payment made according to division (A)(1) of this section is to	938
be credited, notwithstanding division (B) of section 9.37 of the	939
Revised Code;	940

(3) Contract with an agent to do both of the following:

941

(a) Supply debit cards for claimants to access payments made	942
to them pursuant to this chapter and Chapters 4121., 4127., and	943
4131. of the Revised Code;	944

(b) Credit the debit cards described in division (A)(3)(a) of	945
this section with the amounts specified by the administrator	946
pursuant to this chapter and Chapters 4121., 4127., and 4131. of	947
the Revised Code by utilizing direct deposit of funds by	948
electronic transfer.	949

(4) Enter into agreements with financial institutions to	950
credit the debit cards described in division (A)(3)(a) of this	951
section with the amounts specified by the administrator pursuant	952
to this chapter and Chapters 4121., 4127., and 4131. of the	953
Revised Code by utilizing direct deposit of funds by electronic	954
transfer.	955

(B) The administrator shall inform claimants about the	956
administrator's utilization of direct deposit of funds by	957
electronic transfer under this section and section 9.37 of the	958
Revised Code, furnish debit cards to claimants as appropriate, and	959
provide claimants with instructions regarding use of those debit	960
cards.	961

(C) The administrator, with the advice and consent of the	962
workers' compensation oversight commission, shall adopt rules in	963
accordance with Chapter 119. of the Revised Code regarding	964
utilization of the direct deposit of funds by electronic transfer	965
under this section and section 9.37 of the Revised Code.	966

Sec. 4123.32.  The administrator of workers' compensation,	967
with the advice and consent of the workers' compensation oversight	968
commission, shall adopt rules with respect to the collection,	969
maintenance, and disbursements of the state insurance fund	970
including all of the following:	971

(A) A rule providing that in the event there is developed as	972
of any given rate revision date a surplus of earned premium over	973
all losses which, in the judgment of the administrator, is larger	974
than is necessary adequately to safeguard the solvency of the	975
fund, the administrator may return such excess surplus to the	976
subscriber to the fund in either the form of cash refunds or a	977
reduction of premiums, regardless of when the premium obligations	978
have accrued;	979

(B) A rule providing that the premium security deposit	980
collected from any employer entitles the employer to the benefits	981
of this chapter for the remainder of the six months and also for	982
an additional adjustment period of two months, and, thereafter, if	983
the employer pays the premium due at the close of any six-month	984
period, coverage shall be extended for an additional eight-month	985
period beginning from the end of the six-month period for which	986
the employer pays the premium due;	987

(C) A rule providing for ascertaining the correctness of any	988
employer's report of estimated or actual expenditure of wages and	989
the determination and adjustment of proper premiums and the	990
payment of those premiums by the employer for or during any period	991
less than eight months and notwithstanding any payment or	992
determination of premium made when exceptional conditions or	993
circumstances in the judgment of the administrator justify the	994
action;	995

(D) Such special rules as the administrator considers	996
necessary to safeguard the fund and that are just in the	997
circumstances, covering the rates to be applied where one employer	998
takes over the occupation or industry of another or where an	999
employer first makes application for state insurance, and the	1000
administrator may require that if any employer transfers a	1001
business in whole or in part or otherwise reorganizes the	1002
business, the successor in interest shall assume, in proportion to	1003
the extent of the transfer, as determined by the administrator,	1004
the employer's account and shall continue the payment of all	1005
contributions due under this chapter;	1006

(E) A rule providing for all of the following:

1007

(1) If, within two months immediately after the expiration of	1008
the six-month period, an employer fails to file a report of the	1009
employer's actual payroll expenditures for the period, the premium	1010
found to be due from the employer for the period shall be	1011
increased in an amount equal to one per cent of the premium, but	1012
the increase shall not be less than three nor more than fifteen	1013
dollars;	1014

(2) The premium determined by the administrator to be due	1015
from an employer shall be payable on or before the end of the	1016
coverage period established by the premium security deposit, or	1017
within the time specified by the administrator if the period for	1018
which the advance premium has been paid is less than eight months.	1019
If an employer fails to pay the premium when due, an amount equal	1020
to three per cent of the premium shall be added to the premium. If	1021
the failure to pay continues for more than one month, the premium	1022
shall be increased further in an amount equal to two per cent of	1023
the premium for each additional month or part of a month, but the	1024
total of all additional amounts shall not exceed twelve per cent	1025
of the premium. Ifthe administrator may add a thirty dollar late	1026
fee penalty to the premium plus an additional penalty amount as	1027
follows:	1028

(a) For a premium from eleven to thirty days past due, three	1029
per cent of the premium due;	1030

(b) For a premium from thirty-one to sixty days past due, the	1031
prime interest rate multiplied by the premium due;	1032

(c) For a premium from sixty-one to ninety days past due, the	1033
prime interest rate plus two per cent, multiplied by the premium	1034
due;	1035

(d) For a premium from ninety-one to one hundred twenty days	1036
past due, the prime interest rate plus four per cent, multiplied	1037
by the premium due;	1038

(e) For a premium from one hundred twenty-one to one hundred	1039
fifty days past due, the prime interest rate plus six per cent,	1040
multiplied by the premium due;	1041

(f) For a premium from one hundred fifty-one to one hundred	1042
eighty days past due, the prime interest rate plus eight per cent,	1043
multiplied by the premium due;	1044

(g) For a premium from one hundred eighty-one to two hundred	1045
ten days past due, the prime interest rate plus ten per cent,	1046
multiplied by the premium due;	1047

(h) For each additional thirty-day period or portion thereof	1048
that a premium remains past due after it has remained past due for	1049
more than two hundred ten days, the prime interest rate plus ten	1050
per cent, multiplied by the premium due.	1051

(3) An employer may appeal a late fee penalty or additional	1052
penalty to an adjudicating committee pursuant to section 4123.291	1053
of the Revised Code.	1054

For purposes of this division, "prime interest rate" means	1055
the average bank prime rate, and the administrator shall determine	1056
the prime interest rate in the same manner as a county auditor	1057
determines the average bank prime rate under section 929.02 of the	1058
Revised Code.	1059

(4) If the employer files an appropriate payroll report,	1060
within the time provided by law or within the time specified by	1061
the administrator if the period for which the employer paid an	1062
estimated premium is less than eight months, the employer shall	1063
not be in default and division (E)(2) of this section 4123.32 of	1064
the Revised Code shall not apply if the employer pays the premiums	1065
within fifteen days after being first notified by the	1066
administrator of the amount due.	1067

(3)(5) Any deficiencies in the amounts of the premium	1068
security deposit paid by an employer for any period shall be	1069
subject to an interest charge of six per cent per annum from the	1070
date the premium obligation is incurred. In determining the	1071
interest due on deficiencies in premium security deposit payments,	1072
a charge in each case shall be made against the employer in an	1073
amount equal to interest at the rate of six per cent per annum on	1074
the premium security deposit due but remaining unpaid sixty days	1075
after notice by the administrator.	1076

(4)(6) Any interest charges or penalties provided for in	1077
divisions (E)(2) and (3)(5) of this section shall be credited to	1078
the employer's account for rating purposes in the same manner as	1079
premiums.	1080

(F) A rule providing that each employer, on the occasion of	1081
instituting coverage under this chapter, shall submit a premium	1082
security deposit. The deposit shall be calculated equivalent to	1083
thirty per cent of the semiannual premium obligation of the	1084
employer based upon the employer's estimated expenditure for wages	1085
for the ensuing six-month period plus thirty per cent of an	1086
additional adjustment period of two months but only up to a	1087
maximum of one thousand dollars and not less than ten dollars. The	1088
administrator shall review the security deposit of every employer	1089
who has submitted a deposit which is less than the	1090
one-thousand-dollar maximum. The administrator may require any	1091
such employer to submit additional money up to the maximum of one	1092
thousand dollars that, in the administrator's opinion, reflects	1093
the employer's current payroll expenditure for an eight-month	1094
period.	1095

Sec. 4123.35.  (A) Except as provided in this section, every	1096
employer mentioned in division (B)(2) of section 4123.01 of the	1097
Revised Code, and every publicly owned utility shall pay	1098
semiannually in the months of January and July into the state	1099
insurance fund the amount of annual premium the administrator of	1100
workers' compensation fixes for the employment or occupation of	1101
the employer, the amount of which premium to be paid by each	1102
employer to be determined by the classifications, rules, and rates	1103
made and published by the administrator. The employer shall pay	1104
semiannually a further sum of money into the state insurance fund	1105
as may be ascertained to be due from the employer by applying the	1106
rules of the administrator, and a receipt or certificate	1107
certifying that payment has been made, along with a written notice	1108
as is required in section 4123.54 of the Revised Code, shall be	1109
mailed immediately to the employer by the bureau of workers'	1110
compensation. The receipt or certificate is prima-facie evidence	1111
of the payment of the premium, and the proper posting of the	1112
notice constitutes the employer's compliance with the notice	1113
requirement mandated in section 4123.54 of the Revised Code.	1114

The bureau of workers' compensation shall verify with the	1115
secretary of state the existence of all corporations and	1116
organizations making application for workers' compensation	1117
coverage and shall require every such application to include the	1118
employer's federal identification number.	1119

An employer as defined in division (B)(2) of section 4123.01	1120
of the Revised Code who has contracted with a subcontractor is	1121
liable for the unpaid premium due from any subcontractor with	1122
respect to that part of the payroll of the subcontractor that is	1123
for work performed pursuant to the contract with the employer.	1124

Division (A) of this section providing for the payment of	1125
premiums semiannually does not apply to any employer who was a	1126
subscriber to the state insurance fund prior to January 1, 1914,	1127
or who may first become a subscriber to the fund in any month	1128
other than January or July. Instead, the semiannual premiums shall	1129
be paid by those employers from time to time upon the expiration	1130
of the respective periods for which payments into the fund have	1131
been made by them.	1132

The administrator shall adopt rules to permit employers to	1133
make periodic payments of the semiannual premium due under this	1134
division. The rules shall include provisions for the assessment of	1135
interest charges, where appropriate, and for the assessment of	1136
penalties when an employer fails to make timely premium payments.	1137
An employer who timely pays the amounts due under this division is	1138
entitled to all of the benefits and protections of this chapter.	1139
Upon receipt of payment, the bureau immediately shall mail a	1140
receipt or certificate to the employer certifying that payment has	1141
been made, which receipt is prima-facie evidence of payment.	1142
Workers' compensation coverage under this chapter continues	1143
uninterrupted upon timely receipt of payment under this division.	1144

Every public employer, except public employers that are	1145
self-insuring employers under this section, shall comply with	1146
sections 4123.38 to 4123.41, and 4123.48 of the Revised Code in	1147
regard to the contribution of moneys to the public insurance fund.	1148

(B) Employers who will abide by the rules of the	1149
administrator and who may be of sufficient financial ability to	1150
render certain the payment of compensation to injured employees or	1151
the dependents of killed employees, and the furnishing of medical,	1152
surgical, nursing, and hospital attention and services and	1153
medicines, and funeral expenses, equal to or greater than is	1154
provided for in sections 4123.52, 4123.55 to 4123.62, and 4123.64	1155
to 4123.67 of the Revised Code, and who do not desire to insure	1156
the payment thereof or indemnify themselves against loss sustained	1157
by the direct payment thereof, upon a finding of such facts by the	1158
administrator, may be granted the privilege to pay individually	1159
compensation, and furnish medical, surgical, nursing, and hospital	1160
services and attention and funeral expenses directly to injured	1161
employees or the dependents of killed employees, thereby being	1162
granted status as a self-insuring employer. The administrator may	1163
charge employers who apply for the status as a self-insuring	1164
employer a reasonable application fee to cover the bureau's costs	1165
in connection with processing and making a determination with	1166
respect to an application.	1167

All employers granted status as self-insuring employers shall	1168
demonstrate sufficient financial and administrative ability to	1169
assure that all obligations under this section are promptly met.	1170
The administrator shall deny the privilege where the employer is	1171
unable to demonstrate the employer's ability to promptly meet all	1172
the obligations imposed on the employer by this section.	1173

(1) The administrator shall consider, but is not limited to,	1174
the following factors, where applicable, in determining the	1175
employer's ability to meet all of the obligations imposed on the	1176
employer by this section:	1177

(a) The employer employs a minimum of five hundred employees	1178
in this state;	1179

(b) The employer has operated in this state for a minimum of	1180
two years, provided that an employer who has purchased, acquired,	1181
or otherwise succeeded to the operation of a business, or any part	1182
thereof, situated in this state that has operated for at least two	1183
years in this state, also shall qualify;	1184

(c) Where the employer previously contributed to the state	1185
insurance fund or is a successor employer as defined by bureau	1186
rules, the amount of the buyout, as defined by bureau rules;	1187

(d) The sufficiency of the employer's assets located in this	1188
state to insure the employer's solvency in paying compensation	1189
directly;	1190

(e) The financial records, documents, and data, certified by	1191
a certified public accountant, necessary to provide the employer's	1192
full financial disclosure. The records, documents, and data	1193
include, but are not limited to, balance sheets and profit and	1194
loss history for the current year and previous four years.	1195

(f) The employer's organizational plan for the administration	1196
of the workers' compensation law;	1197

(g) The employer's proposed plan to inform employees of the	1198
change from a state fund insurer to a self-insuring employer, the	1199
procedures the employer will follow as a self-insuring employer,	1200
and the employees' rights to compensation and benefits; and	1201

(h) The employer has either an account in a financial	1202
institution in this state, or if the employer maintains an account	1203
with a financial institution outside this state, ensures that	1204
workers' compensation checks are drawn from the same account as	1205
payroll checks or the employer clearly indicates that payment will	1206
be honored by a financial institution in this state.	1207

The administrator may waive the requirements of divisions	1208
(B)(1)(a) and (b) of this section and the requirement of division	1209
(B)(1)(e) of this section that the financial records, documents,	1210
and data be certified by a certified public accountant. The	1211
administrator shall adopt rules establishing the criteria that an	1212
employer shall meet in order for the administrator to waive the	1213
requirement of division (B)(1)(e) of this section. Such rules may	1214
require additional security of that employer pursuant to division	1215
(E) of section 4123.351 of the Revised Code.	1216

The administrator shall not grant the status of self-insuring	1217
employer to the state, except that the administrator may grant the	1218
status of self-insuring employer to a state institution of higher	1219
education, excluding its hospitals, that meets the requirements of	1220
division (B)(2) of this section.	1221

(2) When considering the application of a public employer,	1222
except for a board of county commissioners described in division	1223
(G) of section 4123.01 of the Revised Code, a board of a county	1224
hospital, or a publicly owned utility, the administrator shall	1225
verify that the public employer satisfies all of the following	1226
requirements as the requirements apply to that public employer:	1227

(a) For the two-year period preceding application under this	1228
section, the public employer has maintained an unvoted debt	1229
capacity equal to at least two times the amount of the current	1230
annual premium established by the administrator under this chapter	1231
for that public employer for the year immediately preceding the	1232
year in which the public employer makes application under this	1233
section.	1234

(b) For each of the two fiscal years preceding application	1235
under this section, the unreserved and undesignated year-end fund	1236
balance in the public employer's general fund is equal to at least	1237
five per cent of the public employer's general fund revenues for	1238
the fiscal year computed in accordance with generally accepted	1239
accounting principles.	1240

(c) For the five-year period preceding application under this	1241
section, the public employer, to the extent applicable, has	1242
complied fully with the continuing disclosure requirements	1243
established in rules adopted by the United States securities and	1244
exchange commission under 17 C.F.R. 240.15c 2-12.	1245

(d) For the five-year period preceding application under this	1246
section, the public employer has not had its local government fund	1247
distribution withheld on account of the public employer being	1248
indebted or otherwise obligated to the state.	1249

(e) For the five-year period preceding application under this	1250
section, the public employer has not been under a fiscal watch or	1251
fiscal emergency pursuant to section 118.023, 118.04, or 3316.03	1252
of the Revised Code.	1253

(f) For the public employer's fiscal year preceding	1254
application under this section, the public employer has obtained	1255
an annual financial audit as required under section 117.10 of the	1256
Revised Code, which has been released by the auditor of state	1257
within seven months after the end of the public employer's fiscal	1258
year.	1259

(g) On the date of application, the public employer holds a	1260
debt rating of Aa3 or higher according to Moody's investors	1261
service, inc., or a comparable rating by an independent rating	1262
agency similar to Moody's investors service, inc.	1263

(h) The public employer agrees to generate an annual	1264
accumulating book reserve in its financial statements reflecting	1265
an actuarially generated reserve adequate to pay projected claims	1266
under this chapter for the applicable period of time, as	1267
determined by the administrator.	1268

(i) For a public employer that is a hospital, the public	1269
employer shall submit audited financial statements showing the	1270
hospital's overall liquidity characteristics, and the	1271
administrator shall determine, on an individual basis, whether the	1272
public employer satisfies liquidity standards equivalent to the	1273
liquidity standards of other public employers.	1274

(j) Any additional criteria that the administrator adopts by	1275
rule pursuant to division (E) of this section.	1276

The administrator shall not approve the application of a	1277
public employer, except for a board of county commissioners	1278
described in division (G) of section 4123.01 of the Revised Code,	1279
a board of a county hospital, or publicly owned utility, who does	1280
not satisfy all of the requirements listed in division (B)(2) of	1281
this section.	1282

(C) A board of county commissioners described in division (G)	1283
of section 4123.01 of the Revised Code, as an employer, that will	1284
abide by the rules of the administrator and that may be of	1285
sufficient financial ability to render certain the payment of	1286
compensation to injured employees or the dependents of killed	1287
employees, and the furnishing of medical, surgical, nursing, and	1288
hospital attention and services and medicines, and funeral	1289
expenses, equal to or greater than is provided for in sections	1290
4123.52, 4123.55 to 4123.62, and 4123.64 to 4123.67 of the Revised	1291
Code, and that does not desire to insure the payment thereof or	1292
indemnify itself against loss sustained by the direct payment	1293
thereof, upon a finding of such facts by the administrator, may be	1294
granted the privilege to pay individually compensation, and	1295
furnish medical, surgical, nursing, and hospital services and	1296
attention and funeral expenses directly to injured employees or	1297
the dependents of killed employees, thereby being granted status	1298
as a self-insuring employer. The administrator may charge a board	1299
of county commissioners described in division (G) of section	1300
4123.01 of the Revised Code that applies for the status as a	1301
self-insuring employer a reasonable application fee to cover the	1302
bureau's costs in connection with processing and making a	1303
determination with respect to an application. All employers	1304
granted such status shall demonstrate sufficient financial and	1305
administrative ability to assure that all obligations under this	1306
section are promptly met. The administrator shall deny the	1307
privilege where the employer is unable to demonstrate the	1308
employer's ability to promptly meet all the obligations imposed on	1309
the employer by this section. The administrator shall consider,	1310
but is not limited to, the following factors, where applicable, in	1311
determining the employer's ability to meet all of the obligations	1312
imposed on the board as an employer by this section:	1313

(1) The board as an employer employs a minimum of five	1314
hundred employees in this state;	1315

(2) The board has operated in this state for a minimum of two	1316
years;	1317

(3) Where the board previously contributed to the state	1318
insurance fund or is a successor employer as defined by bureau	1319
rules, the amount of the buyout, as defined by bureau rules;	1320

(4) The sufficiency of the board's assets located in this	1321
state to insure the board's solvency in paying compensation	1322
directly;	1323

(5) The financial records, documents, and data, certified by	1324
a certified public accountant, necessary to provide the board's	1325
full financial disclosure. The records, documents, and data	1326
include, but are not limited to, balance sheets and profit and	1327
loss history for the current year and previous four years.	1328

(6) The board's organizational plan for the administration of	1329
the workers' compensation law;	1330

(7) The board's proposed plan to inform employees of the	1331
proposed self-insurance, the procedures the board will follow as a	1332
self-insuring employer, and the employees' rights to compensation	1333
and benefits;	1334

(8) The board has either an account in a financial	1335
institution in this state, or if the board maintains an account	1336
with a financial institution outside this state, ensures that	1337
workers' compensation checks are drawn from the same account as	1338
payroll checks or the board clearly indicates that payment will be	1339
honored by a financial institution in this state;	1340

(9) The board shall provide the administrator a surety bond	1341
in an amount equal to one hundred twenty-five per cent of the	1342
projected losses as determined by the administrator.	1343

(D) The administrator shall require a surety bond from all	1344
self-insuring employers, issued pursuant to section 4123.351 of	1345
the Revised Code, that is sufficient to compel, or secure to	1346
injured employees, or to the dependents of employees killed, the	1347
payment of compensation and expenses, which shall in no event be	1348
less than that paid or furnished out of the state insurance fund	1349
in similar cases to injured employees or to dependents of killed	1350
employees whose employers contribute to the fund, except when an	1351
employee of the employer, who has suffered the loss of a hand,	1352
arm, foot, leg, or eye prior to the injury for which compensation	1353
is to be paid, and thereafter suffers the loss of any other of the	1354
members as the result of any injury sustained in the course of and	1355
arising out of the employee's employment, the compensation to be	1356
paid by the self-insuring employer is limited to the disability	1357
suffered in the subsequent injury, additional compensation, if	1358
any, to be paid by the bureau out of the surplus created by	1359
section 4123.34 of the Revised Code.	1360

(E) In addition to the requirements of this section, the	1361
administrator shall make and publish rules governing the manner of	1362
making application and the nature and extent of the proof required	1363
to justify a finding of fact by the administrator as to granting	1364
the status of a self-insuring employer, which rules shall be	1365
general in their application, one of which rules shall provide	1366
that all self-insuring employers shall pay into the state	1367
insurance fund such amounts as are required to be credited to the	1368
surplus fund in division (B) of section 4123.34 of the Revised	1369
Code. The administrator may adopt rules establishing requirements	1370
in addition to the requirements described in division (B)(2) of	1371
this section that a public employer shall meet in order to qualify	1372
for self-insuring status.	1373

Employers shall secure directly from the bureau central	1374
offices application forms upon which the bureau shall stamp a	1375
designating number. Prior to submission of an application, an	1376
employer shall make available to the bureau, and the bureau shall	1377
review, the information described in division (B)(1) of this	1378
section, and public employers shall make available, and the bureau	1379
shall review, the information necessary to verify whether the	1380
public employer meets the requirements listed in division (B)(2)	1381
of this section. An employer shall file the completed application	1382
forms with an application fee, which shall cover the costs of	1383
processing the application, as established by the administrator,	1384
by rule, with the bureau at least ninety days prior to the	1385
effective date of the employer's new status as a self-insuring	1386
employer. The application form is not deemed complete until all	1387
the required information is attached thereto. The bureau shall	1388
only accept applications that contain the required information.	1389

(F) The bureau shall review completed applications within a	1390
reasonable time. If the bureau determines to grant an employer the	1391
status as a self-insuring employer, the bureau shall issue a	1392
statement, containing its findings of fact, that is prepared by	1393
the bureau and signed by the administrator. If the bureau	1394
determines not to grant the status as a self-insuring employer,	1395
the bureau shall notify the employer of the determination and	1396
require the employer to continue to pay its full premium into the	1397
state insurance fund. The administrator also shall adopt rules	1398
establishing a minimum level of performance as a criterion for	1399
granting and maintaining the status as a self-insuring employer	1400
and fixing time limits beyond which failure of the self-insuring	1401
employer to provide for the necessary medical examinations and	1402
evaluations may not delay a decision on a claim.	1403

(G) The administrator shall adopt rules setting forth	1404
procedures for auditing the program of self-insuring employers.	1405
The bureau shall conduct the audit upon a random basis or whenever	1406
the bureau has grounds for believing that a self-insuring employer	1407
is not in full compliance with bureau rules or this chapter.	1408

The administrator shall monitor the programs conducted by	1409
self-insuring employers, to ensure compliance with bureau	1410
requirements and for that purpose, shall develop and issue to	1411
self-insuring employers standardized forms for use by the	1412
self-insuring employer in all aspects of the self-insuring	1413
employers' direct compensation program and for reporting of	1414
information to the bureau.	1415

The bureau shall receive and transmit to the self-insuring	1416
employer all complaints concerning any self-insuring employer. In	1417
the case of a complaint against a self-insuring employer, the	1418
administrator shall handle the complaint through the	1419
self-insurance division of the bureau. The bureau shall maintain a	1420
file by employer of all complaints received that relate to the	1421
employer. The bureau shall evaluate each complaint and take	1422
appropriate action.	1423

The administrator shall adopt as a rule a prohibition against	1424
any self-insuring employer from harassing, dismissing, or	1425
otherwise disciplining any employee making a complaint, which rule	1426
shall provide for a financial penalty to be levied by the	1427
administrator payable by the offending self-insuring employer.	1428

(H) For the purpose of making determinations as to whether to	1429
grant status as a self-insuring employer, the administrator may	1430
subscribe to and pay for a credit reporting service that offers	1431
financial and other business information about individual	1432
employers. The costs in connection with the bureau's subscription	1433
or individual reports from the service about an applicant may be	1434
included in the application fee charged employers under this	1435
section.	1436

(I) The administrator, notwithstanding other provisions of	1437
this chapter, may permit a self-insuring employer to resume	1438
payment of premiums to the state insurance fund with appropriate	1439
credit modifications to the employer's basic premium rate as such	1440
rate is determined pursuant to section 4123.29 of the Revised	1441
Code.	1442

(J) On the first day of July of each year, the administrator	1443
shall calculate separately each self-insuring employer's	1444
assessments for the safety and hygiene fund, administrative costs	1445
pursuant to section 4123.342 of the Revised Code, and for the	1446
portion of the surplus fund under division (B) of section 4123.34	1447
of the Revised Code that is not used for handicapped	1448
reimbursement, on the basis of the paid compensation attributable	1449
to the individual self-insuring employer according to the	1450
following calculation:	1451

(1) The total assessment against all self-insuring employers	1452
as a class for each fund and for the administrative costs for the	1453
year that the assessment is being made, as determined by the	1454
administrator, divided by the total amount of paid compensation	1455
for the previous calendar year attributable to all amenable	1456
self-insuring employers;	1457

(2) Multiply the quotient in division (J)(1) of this section	1458
by the total amount of paid compensation for the previous calendar	1459
year that is attributable to the individual self-insuring employer	1460
for whom the assessment is being determined. Each self-insuring	1461
employer shall pay the assessment that results from this	1462
calculation, unless the assessment resulting from this calculation	1463
falls below a minimum assessment, which minimum assessment the	1464
administrator shall determine on the first day of July of each	1465
year with the advice and consent of the workers' compensation	1466
oversight commission, in which event, the self-insuring employer	1467
shall pay the minimum assessment.	1468

In determining the total amount due for the total assessment	1469
against all self-insuring employers as a class for each fund and	1470
the administrative assessment, the administrator shall reduce	1471
proportionately the total for each fund and assessment by the	1472
amount of money in the self-insurance assessment fund as of the	1473
date of the computation of the assessment.	1474

The administrator shall calculate the assessment for the	1475
portion of the surplus fund under division (B) of section 4123.34	1476
of the Revised Code that is used for handicapped reimbursement in	1477
the same manner as set forth in divisions (J)(1) and (2) of this	1478
section except that the administrator shall calculate the total	1479
assessment for this portion of the surplus fund only on the basis	1480
of those self-insuring employers that retain participation in the	1481
handicapped reimbursement program and the individual self-insuring	1482
employer's proportion of paid compensation shall be calculated	1483
only for those self-insuring employers who retain participation in	1484
the handicapped reimbursement program. The administrator, as the	1485
administrator determines appropriate, may determine the total	1486
assessment for the handicapped portion of the surplus fund in	1487
accordance with sound actuarial principles.	1488

The administrator shall calculate the assessment for the	1489
portion of the surplus fund under division (B) of section 4123.34	1490
of the Revised Code that under division (D) of section 4121.66 of	1491
the Revised Code is used for rehabilitation costs in the same	1492
manner as set forth in divisions (J)(1) and (2) of this section,	1493
except that the administrator shall calculate the total assessment	1494
for this portion of the surplus fund only on the basis of those	1495
self-insuring employers who have not made the election to make	1496
payments directly under division (D) of section 4121.66 of the	1497
Revised Code and an individual self-insuring employer's proportion	1498
of paid compensation only for those self-insuring employers who	1499
have not made that election.	1500

The administrator shall calculate the assessment for the	1501
portion of the surplus fund under division (B) of section 4123.34	1502
of the Revised Code that is used for reimbursement to a	1503
self-insuring employer under division (H) of section 4123.512 of	1504
the Revised Code in the same manner as set forth in divisions	1505
(J)(1) and (2) of this section except that the administrator shall	1506
calculate the total assessment for this portion of the surplus	1507
fund only on the basis of those self-insuring employers that	1508
retain participation in reimbursement to the self-insuring	1509
employer under division (H) of section 4123.512 of the Revised	1510
Code and the individual self-insuring employer's proportion of	1511
paid compensation shall be calculated only for those self-insuring	1512
employers who retain participation in reimbursement to the	1513
self-insuring employer under division (H) of section 4123.512 of	1514
the Revised Code.	1515

An employer who no longer is a self-insuring employer in this	1516
state or who no longer is operating in this state, shall continue	1517
to pay assessments for administrative costs and for the portion of	1518
the surplus fund under division (B) of section 4123.34 of the	1519
Revised Code that is not used for handicapped reimbursement, based	1520
upon paid compensation attributable to claims that occurred while	1521
the employer was a self-insuring employer within this state.	1522

(K) There is hereby created in the state treasury the	1523
self-insurance assessment fund. All investment earnings of the	1524
fund shall be deposited in the fund. The administrator shall use	1525
the money in the self-insurance assessment fund only for	1526
administrative costs as specified in section 4123.341 of the	1527
Revised Code.	1528

(L) Every self-insuring employer shall certify, in affidavit	1529
form subject to the penalty for perjury, to the bureau the amount	1530
of the self-insuring employer's paid compensation for the previous	1531
calendar year. In reporting paid compensation paid for the	1532
previous year, a self-insuring employer shall exclude from the	1533
total amount of paid compensation any reimbursement the	1534
self-insuring employer receives in the previous calendar year from	1535
the surplus fund pursuant to section 4123.512 of the Revised Code	1536
for any paid compensation. The self-insuring employer also shall	1537
exclude from the paid compensation reported any amount recovered	1538
under section 4123.931 of the Revised Code and any amount that is	1539
determined not to have been payable to or on behalf of a claimant	1540
in any final administrative or judicial proceeding. The	1541
self-insuring employer shall exclude such amounts from the paid	1542
compensation reported in the reporting period subsequent to the	1543
date the determination is made. The administrator shall adopt	1544
rules, in accordance with Chapter 119. of the Revised Code,	1545
establishingthat provide for all of the following:	1546

(1) Establishing the date by which self-insuring employers	1547
must submit such information and the amount of the assessments	1548
provided for in division (J) of this section for employers who	1549
have been granted self-insuring status within the last calendar	1550
year;	1551

(2) If an employer fails to pay the assessment when due, the	1552
administrator may add a late fee penalty of not more than five	1553
hundred dollars to the assessment plus an additional penalty	1554
amount as follows:	1555

(a) For an assessment from sixty-one to ninety days past due,	1556
the prime interest rate, multiplied by the assessment due;	1557

(b) For an assessment from ninety-one to one hundred twenty	1558
days past due, the prime interest rate plus two per cent,	1559
multiplied by the assessment due;	1560

(c) For an assessment from one hundred twenty-one to one	1561
hundred fifty days past due, the prime interest rate plus four per	1562
cent, multiplied by the assessment due;	1563

(d) For an assessment from one hundred fifty-one to one	1564
hundred eighty days past due, the prime interest rate plus six per	1565
cent, multiplied by the assessment due;	1566

(e) For an assessment from one hundred eighty-one to two	1567
hundred ten days past due, the prime interest rate plus eight per	1568
cent, multiplied by the assessment due;	1569

(f) For each additional thirty-day period or portion thereof	1570
that an assessment remains past due after it has remained past due	1571
for more than two hundred ten days, the prime interest rate plus	1572
eight per cent, multiplied by the assessment due.	1573

(3) An employer may appeal a late fee penalty and penalty	1574
assessment to the administrator.	1575

For purposes of this division, "prime interest rate" means	1576
the average bank prime rate, and the administrator shall determine	1577
the prime interest rate in the same manner as a county auditor	1578
determines the average bank prime rate under section 929.02 of the	1579
Revised Code.	1580

The administrator shall include any assessment and penalties	1581
that remainsremain unpaid for previous assessment periods in the	1582
calculation and collection of any assessments due under this	1583
division or division (J) of this section.	1584

(M) As used in this section, "paid compensation" means all	1585
amounts paid by a self-insuring employer for living maintenance	1586
benefits, all amounts for compensation paid pursuant to sections	1587
4121.63, 4121.67, 4123.56, 4123.57, 4123.58, 4123.59, 4123.60, and	1588
4123.64 of the Revised Code, all amounts paid as wages in lieu of	1589
such compensation, all amounts paid in lieu of such compensation	1590
under a nonoccupational accident and sickness program fully funded	1591
by the self-insuring employer, and all amounts paid by a	1592
self-insuring employer for a violation of a specific safety	1593
standard pursuant to Section 35 of Article II, Ohio Constitution	1594
and section 4121.47 of the Revised Code.	1595

(N) Should any section of this chapter or Chapter 4121. of	1596
the Revised Code providing for self-insuring employers'	1597
assessments based upon compensation paid be declared	1598
unconstitutional by a final decision of any court, then that	1599
section of the Revised Code declared unconstitutional shall revert	1600
back to the section in existence prior to November 3, 1989,	1601
providing for assessments based upon payroll.	1602

(O) The administrator may grant a self-insuring employer the	1603
privilege to self-insure a construction project entered into by	1604
the self-insuring employer that is scheduled for completion within	1605
six years after the date the project begins, and the total cost of	1606
which is estimated to exceed one hundred million dollars or, for	1607
employers described in division (R) of this section, if the	1608
construction project is estimated to exceed twenty-five million	1609
dollars. The administrator may waive such cost and time criteria	1610
and grant a self-insuring employer the privilege to self-insure a	1611
construction project regardless of the time needed to complete the	1612
construction project and provided that the cost of the	1613
construction project is estimated to exceed fifty million dollars.	1614
A self-insuring employer who desires to self-insure a construction	1615
project shall submit to the administrator an application listing	1616
the dates the construction project is scheduled to begin and end,	1617
the estimated cost of the construction project, the contractors	1618
and subcontractors whose employees are to be self-insured by the	1619
self-insuring employer, the provisions of a safety program that is	1620
specifically designed for the construction project, and a	1621
statement as to whether a collective bargaining agreement	1622
governing the rights, duties, and obligations of each of the	1623
parties to the agreement with respect to the construction project	1624
exists between the self-insuring employer and a labor	1625
organization.	1626

A self-insuring employer may apply to self-insure the	1627
employees of either of the following:	1628

(1) All contractors and subcontractors who perform labor or	1629
work or provide materials for the construction project;	1630

(2) All contractors and, at the administrator's discretion, a	1631
substantial number of all the subcontractors who perform labor or	1632
work or provide materials for the construction project.	1633

Upon approval of the application, the administrator shall	1634
mail a certificate granting the privilege to self-insure the	1635
construction project to the self-insuring employer. The	1636
certificate shall contain the name of the self-insuring employer	1637
and the name, address, and telephone number of the self-insuring	1638
employer's representatives who are responsible for administering	1639
workers' compensation claims for the construction project. The	1640
self-insuring employer shall post the certificate in a conspicuous	1641
place at the site of the construction project.	1642

The administrator shall maintain a record of the contractors	1643
and subcontractors whose employees are covered under the	1644
certificate issued to the self-insured employer. A self-insuring	1645
employer immediately shall notify the administrator when any	1646
contractor or subcontractor is added or eliminated from inclusion	1647
under the certificate.	1648

Upon approval of the application, the self-insuring employer	1649
is responsible for the administration and payment of all claims	1650
under this chapter and Chapter 4121. of the Revised Code for the	1651
employees of the contractor and subcontractors covered under the	1652
certificate who receive injuries or are killed in the course of	1653
and arising out of employment on the construction project, or who	1654
contract an occupational disease in the course of employment on	1655
the construction project. For purposes of this chapter and Chapter	1656
4121. of the Revised Code, a claim that is administered and paid	1657
in accordance with this division is considered a claim against the	1658
self-insuring employer listed in the certificate. A contractor or	1659
subcontractor included under the certificate shall report to the	1660
self-insuring employer listed in the certificate, all claims that	1661
arise under this chapter and Chapter 4121. of the Revised Code in	1662
connection with the construction project for which the certificate	1663
is issued.	1664

A self-insuring employer who complies with this division is	1665
entitled to the protections provided under this chapter and	1666
Chapter 4121. of the Revised Code with respect to the employees of	1667
the contractors and subcontractors covered under a certificate	1668
issued under this division for death or injuries that arise out	1669
of, or death, injuries, or occupational diseases that arise in the	1670
course of, those employees' employment on that construction	1671
project, as if the employees were employees of the self-insuring	1672
employer, provided that the self-insuring employer also complies	1673
with this section. No employee of the contractors and	1674
subcontractors covered under a certificate issued under this	1675
division shall be considered the employee of the self-insuring	1676
employer listed in that certificate for any purposes other than	1677
this chapter and Chapter 4121. of the Revised Code. Nothing in	1678
this division gives a self-insuring employer authority to control	1679
the means, manner, or method of employment of the employees of the	1680
contractors and subcontractors covered under a certificate issued	1681
under this division.	1682

The contractors and subcontractors included under a	1683
certificate issued under this division are entitled to the	1684
protections provided under this chapter and Chapter 4121. of the	1685
Revised Code with respect to the contractor's or subcontractor's	1686
employees who are employed on the construction project which is	1687
the subject of the certificate, for death or injuries that arise	1688
out of, or death, injuries, or occupational diseases that arise in	1689
the course of, those employees' employment on that construction	1690
project.	1691

The contractors and subcontractors included under a	1692
certificate issued under this division shall identify in their	1693
payroll records the employees who are considered the employees of	1694
the self-insuring employer listed in that certificate for purposes	1695
of this chapter and Chapter 4121. of the Revised Code, and the	1696
amount that those employees earned for employment on the	1697
construction project that is the subject of that certificate.	1698
Notwithstanding any provision to the contrary under this chapter	1699
and Chapter 4121. of the Revised Code, the administrator shall	1700
exclude the payroll that is reported for employees who are	1701
considered the employees of the self-insuring employer listed in	1702
that certificate, and that the employees earned for employment on	1703
the construction project that is the subject of that certificate,	1704
when determining those contractors' or subcontractors' premiums or	1705
assessments required under this chapter and Chapter 4121. of the	1706
Revised Code. A self-insuring employer issued a certificate under	1707
this division shall include in the amount of paid compensation it	1708
reports pursuant to division (L) of this section, the amount of	1709
paid compensation the self-insuring employer paid pursuant to this	1710
division for the previous calendar year.	1711

Nothing in this division shall be construed as altering the	1712
rights of employees under this chapter and Chapter 4121. of the	1713
Revised Code as those rights existed prior to September 17, 1996.	1714
Nothing in this division shall be construed as altering the rights	1715
devolved under sections 2305.31 and 4123.82 of the Revised Code as	1716
those rights existed prior to September 17, 1996.	1717

As used in this division, "privilege to self-insure a	1718
construction project" means privilege to pay individually	1719
compensation, and to furnish medical, surgical, nursing, and	1720
hospital services and attention and funeral expenses directly to	1721
injured employees or the dependents of killed employees.	1722

(P) A self-insuring employer whose application is granted	1723
under division (O) of this section shall designate a safety	1724
professional to be responsible for the administration and	1725
enforcement of the safety program that is specifically designed	1726
for the construction project that is the subject of the	1727
application.	1728

A self-insuring employer whose application is granted under	1729
division (O) of this section shall employ an ombudsperson for the	1730
construction project that is the subject of the application. The	1731
ombudsperson shall have experience in workers' compensation or the	1732
construction industry, or both. The ombudsperson shall perform all	1733
of the following duties:	1734

(1) Communicate with and provide information to employees who	1735
are injured in the course of, or whose injury arises out of	1736
employment on the construction project, or who contract an	1737
occupational disease in the course of employment on the	1738
construction project;	1739

(2) Investigate the status of a claim upon the request of an	1740
employee to do so;	1741

(3) Provide information to claimants, third party	1742
administrators, employers, and other persons to assist those	1743
persons in protecting their rights under this chapter and Chapter	1744
4121. of the Revised Code.	1745

A self-insuring employer whose application is granted under	1746
division (O) of this section shall post the name of the safety	1747
professional and the ombudsperson and instructions for contacting	1748
the safety professional and the ombudsperson in a conspicuous	1749
place at the site of the construction project.	1750

(Q) The administrator may consider all of the following when	1751
deciding whether to grant a self-insuring employer the privilege	1752
to self-insure a construction project as provided under division	1753
(O) of this section:	1754

(1) Whether the self-insuring employer has an organizational	1755
plan for the administration of the workers' compensation law;	1756

(2) Whether the safety program that is specifically designed	1757
for the construction project provides for the safety of employees	1758
employed on the construction project, is applicable to all	1759
contractors and subcontractors who perform labor or work or	1760
provide materials for the construction project, and has as a	1761
component, a safety training program that complies with standards	1762
adopted pursuant to the "Occupational Safety and Health Act of	1763
1970," 84 Stat. 1590, 29 U.S.C.A. 651, and provides for continuing	1764
management and employee involvement;	1765

(3) Whether granting the privilege to self-insure the	1766
construction project will reduce the costs of the construction	1767
project;	1768

(4) Whether the self-insuring employer has employed an	1769
ombudsperson as required under division (P) of this section;	1770

(5) Whether the self-insuring employer has sufficient surety	1771
to secure the payment of claims for which the self-insuring	1772
employer would be responsible pursuant to the granting of the	1773
privilege to self-insure a construction project under division (O)	1774
of this section.	1775

(R) As used in divisions (O), (P), and (Q), "self-insuring	1776
employer" includes the following employers, whether or not they	1777
have been granted the status of being a self-insuring employer	1778
under division (B) of this section:	1779

(1) A state institution of higher education;

1780

(2) A school district;

1781

(3) A county school financing district;

1782

(4) An educational service center;

1783

(5) A community school established under Chapter 3314. of the	1784
Revised Code.	1785

(S) As used in this section:

1786

(1) "Unvoted debt capacity" means the amount of money that a	1787
public employer may borrow without voter approval of a tax levy;	1788

(2) "State institution of higher education" means the state	1789
universities listed in section 3345.011 of the Revised Code,	1790
community colleges created pursuant to Chapter 3354. of the	1791
Revised Code, university branches created pursuant to Chapter	1792
3355. of the Revised Code, technical colleges created pursuant to	1793
Chapter 3357. of the Revised Code, and state community colleges	1794
created pursuant to Chapter 3358. of the Revised Code.	1795

Sec. 4123.512.  (A) The claimant or the employer may appeal	1796
an order of the industrial commission made under division (E) of	1797
section 4123.511 of the Revised Code in any injury or occupational	1798
disease case, other than a decision as to the extent of disability	1799
to the court of common pleas of the county in which the injury was	1800
inflicted or in which the contract of employment was made if the	1801
injury occurred outside the state, or in which the contract of	1802
employment was made if the exposure occurred outside the state. If	1803
no common pleas court has jurisdiction for the purposes of an	1804
appeal by the use of the jurisdictional requirements described in	1805
this division, the appellant may use the venue provisions in the	1806
Rules of Civil Procedure to vest jurisdiction in a court. If the	1807
claim is for an occupational disease, the appeal shall be to the	1808
court of common pleas of the county in which the exposure which	1809
caused the disease occurred. Like appeal may be taken from an	1810
order of a staff hearing officer made under division (D) of	1811
section 4123.511 of the Revised Code from which the commission has	1812
refused to hear an appeal. The appellant shall file the notice of	1813
appeal with a court of common pleas within sixty days after the	1814
date of the receipt of the order appealed from or the date of	1815
receipt of the order of the commission refusing to hear an appeal	1816
of a staff hearing officer's decision under division (D) of	1817
section 4123.511 of the Revised Code. The filing of the notice of	1818
the appeal with the court is the only act required to perfect the	1819
appeal.	1820

If an action has been commenced in a court of a county other	1821
than a court of a county having jurisdiction over the action, the	1822
court, upon notice by any party or upon its own motion, shall	1823
transfer the action to a court of a county having jurisdiction.	1824

Notwithstanding anything to the contrary in this section, if	1825
the commission determines under section 4123.522 of the Revised	1826
Code that an employee, employer, or their respective	1827
representatives have not received written notice of an order or	1828
decision which is appealable to a court under this section and	1829
which grants relief pursuant to section 4123.522 of the Revised	1830
Code, the party granted the relief has sixty days from receipt of	1831
the order under section 4123.522 of the Revised Code to file a	1832
notice of appeal under this section.	1833

(B) The notice of appeal shall state the names of the	1834
claimant and the employer, the number of the claim, the date of	1835
the order appealed from, and the fact that the appellant appeals	1836
therefrom.	1837

The administrator of workers' compensation, the claimant, and	1838
the employer shall be parties to the appeal and the court, upon	1839
the application of the commission, shall make the commission a	1840
party. The party filing the appeal shall serve a copy of the	1841
notice of appeal on the admnistrator of workers' compensation	1842
administrator at the central office of the bureau of workers'	1843
compensation in Columbus. The administrator shall notify the	1844
employer that if the employer fails to become an active party to	1845
the appeal, then the administrator may act on behalf of the	1846
employer and the results of the appeal could have an adverse	1847
effect upon the employer's premium rates.	1848

(C) The attorney general or one or more of the attorney	1849
general's assistants or special counsel designated by the attorney	1850
general shall represent the administrator and the commission. In	1851
the event the attorney general or the attorney general's	1852
designated assistants or special counsel are absent, the	1853
administrator or the commission shall select one or more of the	1854
attorneys in the employ of the administrator or the commission as	1855
the administrator's attorney or the commission's attorney in the	1856
appeal. Any attorney so employed shall continue the representation	1857
during the entire period of the appeal and in all hearings thereof	1858
except where the continued representation becomes impractical.	1859

(D) Upon receipt of notice of appeal, the clerk of courts	1860
shall provide notice to all parties who are appellees and to the	1861
commission.	1862

The claimant shall, within thirty days after the filing of	1863
the notice of appeal, file a petition containing a statement of	1864
facts in ordinary and concise language showing a cause of action	1865
to participate or to continue to participate in the fund and	1866
setting forth the basis for the jurisdiction of the court over the	1867
action. Further pleadings shall be had in accordance with the	1868
Rules of Civil Procedure, provided that service of summons on such	1869
petition shall not be required and provided that the claimant may	1870
not dismiss the complaint without the employer's consent if the	1871
employer is the party that filed the notice of appeal to court	1872
pursuant to this section. The clerk of the court shall, upon	1873
receipt thereof, transmit by certified mail a copy thereof to each	1874
party named in the notice of appeal other than the claimant. Any	1875
party may file with the clerk prior to the trial of the action a	1876
deposition of any physician taken in accordance with the	1877
provisions of the Revised Code, which deposition may be read in	1878
the trial of the action even though the physician is a resident of	1879
or subject to service in the county in which the trial is had. The	1880
bureau of workers' compensation shall pay the cost of the	1881
stenographic deposition filed in court and of copies of the	1882
stenographic deposition for each party from the surplus fund and	1883
charge the costs thereof against the unsuccessful party if the	1884
claimant's right to participate or continue to participate is	1885
finally sustained or established in the appeal. In the event the	1886
deposition is taken and filed, the physician whose deposition is	1887
taken is not required to respond to any subpoena issued in the	1888
trial of the action. The court, or the jury under the instructions	1889
of the court, if a jury is demanded, shall determine the right of	1890
the claimant to participate or to continue to participate in the	1891
fund upon the evidence adduced at the hearing of the action.	1892

(E) The court shall certify its decision to the commission	1893
and the certificate shall be entered in the records of the court.	1894
Appeals from the judgment are governed by the law applicable to	1895
the appeal of civil actions.	1896

(F) The cost of any legal proceedings authorized by this	1897
section, including an attorney's fee to the claimant's attorney to	1898
be fixed by the trial judge, based upon the effort expended, in	1899
the event the claimant's right to participate or to continue to	1900
participate in the fund is established upon the final	1901
determination of an appeal, shall be taxed against the employer or	1902
the commission if the commission or the administrator rather than	1903
the employer contested the right of the claimant to participate in	1904
the fund. The attorney's fee shall not exceed twenty-five	1905
forty-two hundred dollars.	1906

(G) If the finding of the court or the verdict of the jury is	1907
in favor of the claimant's right to participate in the fund, the	1908
commission and the administrator shall thereafter proceed in the	1909
matter of the claim as if the judgment were the decision of the	1910
commission, subject to the power of modification provided by	1911
section 4123.52 of the Revised Code.	1912

(H) An appeal from an order issued under division (E) of	1913
section 4123.511 of the Revised Code or any action filed in court	1914
in a case in which an award of compensation has been made shall	1915
not stay the payment of compensation under the award or payment of	1916
compensation for subsequent periods of total disability during the	1917
pendency of the appeal. If, in a final administrative or judicial	1918
action, it is determined that payments of compensation or	1919
benefits, or both, made to or on behalf of a claimant should not	1920
have been made, the amount thereof shall be charged to the surplus	1921
fund under division (B) of section 4123.34 of the Revised Code. In	1922
the event the employer is a state risk, the amount shall not be	1923
charged to the employer's experience. In the event the employer is	1924
a self-insuring employer, the self-insuring employer shall deduct	1925
the amount from the paid compensation the self-insuring employer	1926
reports to the administrator under division (L) of section 4123.35	1927
of the Revised Code. All	1928

A self-insuring employer may elect to pay compensation and	1929
benefits under this section directly to an employee or an	1930
employee's dependents by filing an application with the bureau of	1931
workers' compensation not more than one hundred eighty days and	1932
not less than ninety days before the first day of the employer's	1933
next six-month coverage period. If the self-insuring employer	1934
timely files the application, the application is effective on the	1935
first day of the employer's next six-month coverage period,	1936
provided that the administrator shall compute the employer's	1937
assessment for the surplus fund due with respect to the period	1938
during which that application was filed without regard to the	1939
filing of the application. On and after the effective date of the	1940
employer's election, the self-insuring employer shall pay directly	1941
to an employee or to an employee's dependents compensation and	1942
benefits under this section regardless of the date of the injury	1943
or occupational disease, and the employer shall receive no money	1944
or credits from the surplus fund on account of those payments and	1945
shall not be required to pay any amounts into the surplus fund on	1946
account of this section. The election made under this division is	1947
irrevocable.	1948

All actions and proceedings under this section which are the	1949
subject of an appeal to the court of common pleas or the court of	1950
appeals shall be preferred over all other civil actions except	1951
election causes, irrespective of position on the calendar.	1952

This section applies to all decisions of the commission or	1953
the administrator on November 2, 1959, and all claims filed	1954
thereafter are governed by sections 4123.511 and 4123.512 of the	1955
Revised Code.	1956

Any action pending in common pleas court or any other court	1957
on January 1, 1986, under this section is governed by former	1958
sections 4123.514, 4123.515, 4123.516, and 4123.519 and section	1959
4123.522 of the Revised Code.	1960

Sec. 4123.52.  The jurisdiction of the industrial commission	1961
and the authority of the administrator of workers' compensation	1962
over each case is continuing, and the commission may make such	1963
modification or change with respect to former findings or orders	1964
with respect thereto, as, in its opinion is justified. No	1965
modification or change nor any finding or award in respect of any	1966
claim shall be made with respect to disability, compensation,	1967
dependency, or benefits, after sixfive years from the date of	1968
injury in the absence of the payment of medical benefits under	1969
this chapter, in which event the modification, change, finding, or	1970
award shall be made within six years after the payment of medical	1971
benefits, or in the absence of payment of compensation under	1972
section 4123.57, 4123.58, or division (A) or (B) of section	1973
4123.56 of the Revised Code or wages in lieu of compensation in a	1974
manner so as to satisfy the requirements of section 4123.84 of the	1975
Revised Code, in which event the modification, change, finding, or	1976
award shall be made within tenfive years from the date of the	1977
last payment of compensation or from the date of death, nor unless	1978
written notice of claim for the specific part or parts of the body	1979
injured or disabled has been given as provided in section 4123.84	1980
or 4123.85 of the Revised Code, and the. The commission shall not	1981
make any modification, change, finding, or award which shall award	1982
compensation for a back period in excess of two years prior to the	1983
date of filing application therefor. This section does not affect	1984
the right of a claimant to compensation accruing subsequent to the	1985
filing of any such application, provided the application is filed	1986
within the time limit provided in this section.	1987

This section does not deprive the commission of its	1988
continuing jurisdiction to determine the questions raised by any	1989
application for modification of award which has been filed with	1990
the commission after June 1, 1932, and prior to the expiration of	1991
the applicable period but in respect to which no award has been	1992
granted or denied during the applicable period.	1993

The commission may, by general rules, provide for the	1994
destruction of files of cases in which no further action may be	1995
taken.	1996

The commission and administrator of workers' compensation	1997
each may, by general rules, provide for the retention and	1998
destruction of all other records in their possession or under	1999
their control pursuant to section 121.211 and sections 149.34 to	2000
149.36 of the Revised Code. The bureau of workers' compensation	2001
may purchase or rent required equipment for the document retention	2002
media, as determined necessary to preserve the records.	2003
Photographs, microphotographs, microfilm, films, or other direct	2004
document retention media, when properly identified, have the same	2005
effect as the original record and may be offered in like manner	2006
and may be received as evidence in proceedings before the	2007
industrial commission, staff hearing officers, and district	2008
hearing officers, and in any court where the original record could	2009
have been introduced.	2010

Sec. 4123.54.  (A) Every employee, who is injured or who	2011
contracts an occupational disease, and the dependents of each	2012
employee who is killed, or dies as the result of an occupational	2013
disease contracted in the course of employment, wherever such	2014
injury has occurred or occupational disease has been contracted,	2015
provided the same were not:	2016

(1) Purposely self-inflicted; or

2017

(2) Caused by the employee being intoxicated or under the	2018
influence of a controlled substance not prescribed by a physician	2019
where the intoxication or being under the influence of the	2020
controlled substance not prescribed by a physician was the	2021
proximate cause of the injury, is entitled to receive, either	2022
directly from the employee's self-insuring employer as provided in	2023
section 4123.35 of the Revised Code, or from the state insurance	2024
fund, the compensation for loss sustained on account of the	2025
injury, occupational disease, or death, and the medical, nurse,	2026
and hospital services and medicines, and the amount of funeral	2027
expenses in case of death, as are provided by this chapter.	2028

(B) For the purpose of this section, provided that an	2029
employer has posted written notice to employees that the results	2030
of, or the employee's refusal to submit to, any chemical test	2031
described under this division may affect the employee's	2032
eligibility for compensation and benefits pursuant to this chapter	2033
and Chapter 4121. of the Revised Code, there is a rebuttable	2034
presumption that an employee is intoxicated or under the influence	2035
of a controlled substance not prescribed by the employee's	2036
physician and that being intoxicated or under the influence of a	2037
controlled substance not prescribed by the employee's physician is	2038
the proximate cause of an injury under either of the following	2039
conditions:	2040

(1) When any one or more of the following is true:

2041

(a) The employee, through a qualifying chemical test	2042
administered within eight hours of an injury, is determined to	2043
have an alcohol concentration level equal to or in excess of the	2044
levels established in divisions (A)(1)(b) to (i) of section	2045
4511.19 of the Revised Code;	2046

(b) The employee, through a qualifying chemical test	2047
administered within thirty-two hours of an injury, is determined	2048
to have one of the following controlled substances not prescribed	2049
by the employee's physician in the employee's system that tests	2050
above the following levels in an enzyme multiplied immunoassay	2051
technique screening test and above the levels established in	2052
division (B)(3)(1)(c) of this section in a gas chromatography mass	2053
spectrometry test:	2054

(i) For amphetamines, one thousand nanograms per milliliter	2055
of urine;	2056

(ii) For cannabinoids, fifty nanograms per milliliter of	2057
urine;	2058

(iii) For cocaine, including crack cocaine, three hundred	2059
nanograms per milliliter of urine;	2060

(iv) For opiates, two thousand nanograms per milliliter of	2061
urine;	2062

(v) For phencyclidine, twenty-five nanograms per milliliter	2063
of urine.	2064

(c) The employee, through a qualifying chemical test	2065
administered within thirty-two hours of an injury, is determined	2066
to have one of the following controlled substances not prescribed	2067
by the employee's physician in the employee's system that tests	2068
above the following levels by a gas chromatography mass	2069
spectrometry test:	2070

(i) For amphetamines, five hundred nanograms per milliliter	2071
of urine;	2072

(ii) For cannabinoids, fifteen nanograms per milliliter of	2073
urine;	2074

(iii) For cocaine, including crack cocaine, one hundred fifty	2075
nanograms per milliliter of urine;	2076

(iv) For opiates, two thousand nanograms per milliliter of	2077
urine;	2078

(v) For phencyclidine, twenty-five nanograms per milliliter	2079
of urine.	2080

(d) The employee, through a qualifying chemical test	2081
administered within thirty-two hours of an injury, is determined	2082
to have barbiturates, benzodiazepines, methadone, or propoxyphene	2083
in the employee's system that tests above levels established by	2084
laboratories certified by the United States department of health	2085
and human services.	2086

(2) When the employee refuses to submit to a requested	2087
chemical test, on the condition that that employee is or was given	2088
notice that the refusal to submit to any chemical test described	2089
in division (B)(1) of this section may affect the employee's	2090
eligibility for compensation and benefits under this chapter and	2091
Chapter 4121. of the Revised Code.	2092

(C)(1) For purposes of division (B) of this section, a	2093
chemical test is a qualifying chemical test if it is administered	2094
to an employee after an injury under at least one of the following	2095
conditions:	2096

(a) When the employee's employer had reasonable cause to	2097
suspect that the employee may be intoxicated or under the	2098
influence of a controlled substance not prescribed by the	2099
employee's physician;	2100

(b) At the request of a police officer pursuant to section	2101
4511.191 of the Revised Code, and not at the request of the	2102
employee's employer;	2103

(c) At the request of a licensed physician who is not	2104
employed by the employee's employer, and not at the request of the	2105
employee's employer.	2106

(2) As used in division (C)(1)(a) of this section,	2107
"reasonable cause" means, but is not limited to, evidence that an	2108
employee is or was using alcohol or a controlled substance drawn	2109
from specific, objective facts and reasonable inferences drawn	2110
from these facts in light of experience and training. These facts	2111
and inferences may be based on, but are not limited to, any of the	2112
following:	2113

(a) Observable phenomena, such as direct observation of use,	2114
possession, or distribution of alcohol or a controlled substance,	2115
or of the physical symptoms of being under the influence of	2116
alcohol or a controlled substance, such as but not limited to	2117
slurred speech, dilated pupils, odor of alcohol or a controlled	2118
substance, changes in affect, or dynamic mood swings;	2119

(b) A pattern of abnormal conduct, erratic or aberrant	2120
behavior, or deteriorating work performance such as frequent	2121
absenteeism, excessive tardiness, or recurrent accidents, that	2122
appears to be related to the use of alcohol or a controlled	2123
substance, and does not appear to be attributable to other	2124
factors;	2125

(c) The identification of an employee as the focus of a	2126
criminal investigation into unauthorized possession, use, or	2127
trafficking of a controlled substance;	2128

(d) A report of use of alcohol or a controlled substance	2129
provided by a reliable and credible source;	2130

(e) Repeated or flagrant violations of the safety or work	2131
rules of the employee's employer, that are determined by the	2132
employee's supervisor to pose a substantial risk of physical	2133
injury or property damage and that appear to be related to the use	2134
of alcohol or a controlled substance and that do not appear	2135
attributable to other factors.	2136

(D) Nothing in this section shall be construed to affect the	2137
rights of an employer to test employees for alcohol or controlled	2138
substance abuse.	2139

(E) For the purpose of this section, laboratories certified	2140
by the United States department of health and human services or	2141
laboratories that meet or exceed the standards of that department	2142
for laboratory certification shall be used for processing the test	2143
results of a qualifying chemical test.	2144

(F) The written notice required by division (B) of this	2145
section shall be the same size or larger then the certificate of	2146
premium payment notice furnished by the bureau of workers'	2147
compensation and shall be posted by the employer in the same	2148
location as the certificate of premium payment notice or the	2149
certificate of self-insurance.	2150

(G) If a condition that pre-existed an injury is	2151
substantially aggravated by the injury, and that substantial	2152
aggravation is documented by objective diagnostic findings,	2153
objective clinical findings, or objective test results, no	2154
compensation or benefits are payable because of the pre-existing	2155
condition once that condition has returned to a level that would	2156
have existed without the injury.	2157

(H) Whenever, with respect to an employee of an employer who	2158
is subject to and has complied with this chapter, there is	2159
possibility of conflict with respect to the application of	2160
workers' compensation laws because the contract of employment is	2161
entered into and all or some portion of the work is or is to be	2162
performed in a state or states other than Ohio, the employer and	2163
the employee may agree to be bound by the laws of this state or by	2164
the laws of some other state in which all or some portion of the	2165
work of the employee is to be performed. The agreement shall be in	2166
writing and shall be filed with the bureau of workers'	2167
compensation within ten days after it is executed and shall remain	2168
in force until terminated or modified by agreement of the parties	2169
similarly filed. If the agreement is to be bound by the laws of	2170
this state and the employer has complied with this chapter, then	2171
the employee is entitled to compensation and benefits regardless	2172
of where the injury occurs or the disease is contracted and the	2173
rights of the employee and the employee's dependents under the	2174
laws of this state are the exclusive remedy against the employer	2175
on account of injury, disease, or death in the course of and	2176
arising out of the employee's employment. If the agreement is to	2177
be bound by the laws of another state and the employer has	2178
complied with the laws of that state, the rights of the employee	2179
and the employee's dependents under the laws of that state are the	2180
exclusive remedy against the employer on account of injury,	2181
disease, or death in the course of and arising out of the	2182
employee's employment without regard to the place where the injury	2183
was sustained or the disease contracted.	2184

If any employee or the employee's dependents are awarded	2185
workers' compensation benefits or recover damages from the	2186
employer under the laws of another state, the amount awarded or	2187
recovered, whether paid or to be paid in future installments,	2188
shall be credited on the amount of any award of compensation or	2189
benefits made to the employee or the employee's dependents by the	2190
bureau.	2191

If an employee is a resident of a state other than this state	2192
and is insured under the workers' compensation law or similar laws	2193
of a state other than this state, the employee and the employee's	2194
dependents are not entitled to receive compensation or benefits	2195
under this chapter, on account of injury, disease, or death	2196
arising out of or in the course of employment while temporarily	2197
within this state, and the rights of the employee and the	2198
employee's dependents under the laws of the other state are the	2199
exclusive remedy against the employer on account of the injury,	2200
disease, or death.	2201

(H)(I) Compensation or benefits are not payable to a claimant	2202
during the period of confinement of the claimant in any state or	2203
federal correctional institution, or in any county jail in lieu of	2204
incarceration in a state or federal correctional institution,	2205
whether in this or any other state for conviction of violation of	2206
any state or federal criminal law.	2207

Sec. 4123.56.  (A) Except as provided in division (D) of this	2208
section, in the case of temporary disability, an employee shall	2209
receive sixty-six and two-thirds per cent of the employee's	2210
average weekly wage so long as such disability is total, not to	2211
exceed a maximum amount of weekly compensation which is equal to	2212
the statewide average weekly wage as defined in division (C) of	2213
section 4123.62 of the Revised Code, and not less than a minimum	2214
amount of compensation which is equal to thirty-three and	2215
one-third per cent of the statewide average weekly wage as defined	2216
in division (C) of section 4123.62 of the Revised Code unless the	2217
employee's wage is less than thirty-three and one-third per cent	2218
of the minimum statewide average weekly wage, in which event the	2219
employee shall receive compensation equal to the employee's full	2220
wages; provided that for the first twelve weeks of total	2221
disability the employee shall receive seventy-two per cent of the	2222
employee's full weekly wage, but not to exceed a maximum amount of	2223
weekly compensation which is equal to the lesser of the statewide	2224
average weekly wage as defined in division (C) of section 4123.62	2225
of the Revised Code or one hundred per cent of the employee's net	2226
take-home weekly wage. In the case of a self-insuring employer,	2227
payments shall be for a duration based upon the medical reports of	2228
the attending physician. If the employer disputes the attending	2229
physician's report, payments may be terminated only upon	2230
application and hearing by a district hearing officer pursuant to	2231
division (C) of section 4123.511 of the Revised Code. Payments	2232
shall continue pending the determination of the matter, however	2233
payment shall not be made for the period when any employee has	2234
returned to work, when an employee's treating physician has made a	2235
written statement that the employee is capable of returning to the	2236
employee's former position of employment, when work within the	2237
physical capabilities of the employee is made available by the	2238
employer or another employer, or when the employee has reached the	2239
maximum medical improvement. Where the employee is capable of work	2240
activity, but the employee's employer is unable to offer the	2241
employee any employment, the employee shall register with the	2242
director of job and family services, who shall assist the employee	2243
in finding suitable employment. The termination of temporary total	2244
disability, whether by order or otherwise, does not preclude the	2245
commencement of temporary total disability at another point in	2246
time if the employee again becomes temporarily totally disabled.	2247

After two hundred weeks of temporary total disability	2248
benefits, the medical section of the bureau of workers'	2249
compensation shall schedule the claimant for an examination for an	2250
evaluation to determine whether or not the temporary disability	2251
has become permanent. A self-insuring employer shall notify the	2252
bureau immediately after payment of two hundred weeks of temporary	2253
total disability and request that the bureau schedule the claimant	2254
for such an examination.	2255

When the employee is awarded compensation for temporary total	2256
disability for a period for which the employee has received	2257
benefits under Chapter 4141. of the Revised Code, the bureau shall	2258
pay an amount equal to the amount received from the award to the	2259
director of job and family services and the director shall credit	2260
the amount to the accounts of the employers to whose accounts the	2261
payment of benefits was charged or is chargeable to the extent it	2262
was charged or is chargeable.	2263

If any compensation under this section has been paid for the	2264
same period or periods for which temporary nonoccupational	2265
accident and sickness insurance is or has been paid pursuant to an	2266
insurance policy or program to which the employer has made the	2267
entire contribution or payment for providing insurance or under a	2268
nonoccupational accident and sickness program fully funded by the	2269
employer, compensation paid under this section for the period or	2270
periods shall be paid only to the extent by which the payment or	2271
payments exceeds the amount of the nonoccupational insurance or	2272
program paid or payable. Offset of the compensation shall be made	2273
only upon the prior order of the bureau or industrial commission	2274
or agreement of the claimant.	2275

As used in this division, "net take-home weekly wage" means	2276
the amount obtained by dividing an employee's total remuneration,	2277
as defined in section 4141.01 of the Revised Code, paid to or	2278
earned by the employee during the first four of the last five	2279
completed calendar quarters which immediately precede the first	2280
day of the employee's entitlement to benefits under this division,	2281
by the number of weeks during which the employee was paid or	2282
earned remuneration during those four quarters, less the amount of	2283
local, state, and federal income taxes deducted for each such	2284
week.	2285

(B) Where(1) If an employee in a claim allowed under this	2286
chapter suffers a wage loss as a result of returning to employment	2287
other than the employee's former position of employment or as a	2288
result of being unable to find employment consistent with the	2289
claimant's physical capabilities due to an injury or occupational	2290
disease, the employee shall receive compensation at sixty-six and	2291
two-thirds per cent of the difference between the employee's	2292
average weekly wage lossand the employee's present earnings not	2293
to exceed the statewide average weekly wage for a period not to	2294
exceed two hundred weeks. The payments may continue for up to a	2295
maximum of two hundred weeks, but the payments shall be reduced by	2296
the corresponding number of weeks in which the employee receives	2297
payments pursuant to division (B) of section 4121.67 Of the	2298
Revised Code.	2299

(2) If an employee in a claim allowed under this chapter	2300
suffers a wage loss as a result of being unable to find employment	2301
consistent with the employee's disability resulting from the	2302
employee's injury or occupational disease, the employee shall	2303
receive compensation at sixty-six and two-thirds per cent of the	2304
difference between the employee's average weekly wage and the	2305
employee's present earnings, not to exceed the statewide average	2306
weekly wage. The payments may continue for up to a maximum of	2307
fifty-two weeks. The first twenty-six weeks of payments under	2308
division (B)(2) of this section shall be in addition to the	2309
maximum of two hundred weeks of payments allowed under division	2310
(B)(1) of this section. If an employee in a claim allowed under	2311
this chapter receives compensation under division (B)(2) of this	2312
section in excess of twenty-six weeks, the number of weeks of	2313
compensation allowable under division (B)(1) of this section shall	2314
be reduced by the corresponding number of weeks in excess of	2315
twenty-six, and up to fifty-two, that is allowable under division	2316
(B)(1) of this section.	2317

(3) The number of weeks of wage loss payable to an employee	2318
under divisions (B)(1) and (2) of this section shall not exceed	2319
two hundred and twenty-six weeks in the aggregate.	2320

(C) In the event an employee of a professional sports	2321
franchise domiciled in this state is disabled as the result of an	2322
injury or occupational disease, the total amount of payments made	2323
under a contract of hire or collective bargaining agreement to the	2324
employee during a period of disability is deemed an advanced	2325
payment of compensation payable under sections 4123.56 to 4123.58	2326
of the Revised Code. The employer shall be reimbursed the total	2327
amount of the advanced payments out of any award of compensation	2328
made pursuant to sections 4123.56 to 4123.58 of the Revised Code.	2329

(D) If an employee receives temporary total disability	2330
benefits pursuant to division (A) of this section and social	2331
security retirement benefits pursuant to the "Social Security	2332
Act," the weekly benefit amount under division (A) of this section	2333
shall not exceed sixty-six and two-thirds per cent of the	2334
statewide average weekly wage as defined in division (C) of	2335
section 4123.62 of the Revised Code.	2336

Sec. 4123.57.  Partial disability compensation shall be paid	2337
as follows.	2338

Except as provided in this section, not earlier than forty	2339
twenty-six weeks after the date of termination of the latest	2340
period of payments under section 4123.56 of the Revised Code, or	2341
not earlier than fortytwenty-six weeks after the date of the	2342
injury or contraction of an occupational disease in the absence of	2343
payments under section 4123.56 of the Revised Code, the employee	2344
may file an application with the bureau of workers' compensation	2345
for the determination of the percentage of the employee's	2346
permanent partial disability resulting from an injury or	2347
occupational disease.	2348

Whenever the application is filed, the bureau shall send a	2349
copy of the application to the employee's employer or the	2350
employer's representative and shall schedule the employee for a	2351
medical examination by the bureau medical section. The bureau	2352
shall send a copy of the report of the medical examination to the	2353
employee, the employer, and their representatives. Thereafter, the	2354
administrator of workers' compensation shall review the employee's	2355
claim file and make a tentative order as the evidence before the	2356
administrator at the time of the making of the order warrants. If	2357
the administrator determines that there is a conflict of evidence,	2358
the administrator shall send the application, along with the	2359
claimant's file, to the district hearing officer who shall set the	2360
application for a hearing.	2361

The administrator shall notify the employee, the employer,	2362
and their representatives, in writing, of the tentative order and	2363
of the parties' right to request a hearing. Unless the employee,	2364
the employer, or their representative notifies the administrator,	2365
in writing, of an objection to the tentative order within twenty	2366
days after receipt of the notice thereof, the tentative order	2367
shall go into effect and the employee shall receive the	2368
compensation provided in the order. In no event shall there be a	2369
reconsideration of a tentative order issued under this division.	2370

If the employee, the employer, or their representatives	2371
timely notify the administrator of an objection to the tentative	2372
order, the matter shall be referred to a district hearing officer	2373
who shall set the application for hearing with written notices to	2374
all interested persons. Upon referral to a district hearing	2375
officer, the employer may obtain a medical examination of the	2376
employee, pursuant to rules of the industrial commission.	2377

(A) The district hearing officer, upon the application, shall	2378
determine the percentage of the employee's permanent disability,	2379
except as is subject to division (B) of this section, based upon	2380
that condition of the employee resulting from the injury or	2381
occupational disease and causing permanent impairment evidenced by	2382
medical or clinical findings reasonably demonstrable. The employee	2383
shall receive sixty-six and two-thirds per cent of the employee's	2384
average weekly wage, but not more than a maximum of thirty-three	2385
and one-third per cent of the statewide average weekly wage as	2386
defined in division (C) of section 4123.62 of the Revised Code,	2387
per week regardless of the average weekly wage, for the number of	2388
weeks which equals the percentage of two hundred weeks. Except on	2389
application for reconsideration, review, or modification, which is	2390
filed within ten days after the date of receipt of the decision of	2391
the district hearing officer, in no instance shall the former	2392
award be modified unless it is found from medical or clinical	2393
findings that the condition of the claimant resulting from the	2394
injury has so progressed as to have increased the percentage of	2395
permanent partial disability. A staff hearing officer shall hear	2396
an application for reconsideration filed and the staff hearing	2397
officer's decision is final. An employee may file an application	2398
for a subsequent determination of the percentage of the employee's	2399
permanent disability. If such an application is filed, the bureau	2400
shall send a copy of the application to the employer or the	2401
employer's representative. No sooner than sixty days from the date	2402
of the mailing of the application to the employer or the	2403
employer's representative, the administrator shall review the	2404
application. The administrator may require a medical examination	2405
or medical review of the employee. The administrator shall issue a	2406
tentative order based upon the evidence before the administrator,	2407
provided that if the administrator requires a medical examination	2408
or medical review, the administrator shall not issue the tentative	2409
order until the completion of the examination or review.	2410

The employer may obtain a medical examination of the employee	2411
and may submit medical evidence at any stage of the process up to	2412
a hearing before the district hearing officer, pursuant to rules	2413
of the commission. The administrator shall notify the employee,	2414
the employer, and their representatives, in writing, of the nature	2415
and amount of any tentative order issued on an application	2416
requesting a subsequent determination of the percentage of an	2417
employee's permanent disability. An employee, employer, or their	2418
representatives may object to the tentative order within twenty	2419
days after the receipt of the notice thereof. If no timely	2420
objection is made, the tentative order shall go into effect. In no	2421
event shall there be a reconsideration of a tentative order issued	2422
under this division. If an objection is timely made, the	2423
application for a subsequent determination shall be referred to a	2424
district hearing officer who shall set the application for a	2425
hearing with written notice to all interested persons. No	2426
application for subsequent percentage determinations on the same	2427
claim for injury or occupational disease shall be accepted for	2428
review by the district hearing officer unless supported by	2429
substantial evidence of new and changed circumstances developing	2430
since the time of the hearing on the original or last	2431
determination.	2432

No award shall be made under this division based upon a	2433
percentage of disability which, when taken with all other	2434
percentages of permanent disability, exceeds one hundred per cent.	2435
If the percentage of the permanent disability of the employee	2436
equals or exceeds ninety per cent, compensation for permanent	2437
partial disability shall be paid for two hundred weeks.	2438

Compensation payable under this division accrues and is	2439
payable to the employee from the date of last payment of	2440
compensation, or, in cases where no previous compensation has been	2441
paid, from the date of the injury or the date of the diagnosis of	2442
the occupational disease.	2443

When an award under this division has been made prior to the	2444
death of an employee, all unpaid installments accrued or to accrue	2445
under the provisions of the award are payable to the surviving	2446
spouse, or if there is no surviving spouse, to the dependent	2447
children of the employee, and if there are no children surviving,	2448
then to other dependents as the administrator determines.	2449

(B) In cases included in the following schedule the	2450
compensation payable per week to the employee is the statewide	2451
average weekly wage as defined in division (C) of section 4123.62	2452
of the Revised Code per week and shall continue during the periods	2453
provided in the following schedule:	2454

For the loss of a first finger, commonly known as a thumb,	2455
sixty weeks.	2456

For the loss of a firstsecond finger, commonly called index	2457
finger, thirty-five weeks.	2458

For the loss of a secondthird finger, thirty weeks.

2459

For the loss of a thirdfourth finger, twenty weeks.

2460

For the loss of a fourthfifth finger, commonly known as the	2461
little finger, fifteen weeks.	2462

The loss of a second, or distal, phalange of the thumb is	2463
considered equal to the loss of one half of such thumb; the loss	2464
of more than one half of such thumb is considered equal to the	2465
loss of the whole thumb.	2466

The loss of the third, or distal, phalange of any finger is	2467
considered equal to the loss of one-third of the finger.	2468

The loss of the middle, or second, phalange of any finger is	2469
considered equal to the loss of two-thirds of the finger.	2470

The loss of more than the middle and distal phalanges of any	2471
finger is considered equal to the loss of the whole finger. In no	2472
case shall the amount received for more than one finger exceed the	2473
amount provided in this schedule for the loss of a hand.	2474

For the loss of the metacarpal bone (bones of the palm) for	2475
the corresponding thumb, or fingers, add ten weeks to the number	2476
of weeks under this division.	2477

For ankylosis (total stiffness of) or contractures (due to	2478
scars or injuries) which makes any of the fingers, thumbs, or	2479
parts of either useless, the same number of weeks apply to the	2480
members or parts thereof as given for the loss thereof.	2481

If the claimant has suffered the loss of two or more fingers	2482
by amputation or ankylosis and the nature of the claimant's	2483
employment in the course of which the claimant was working at the	2484
time of the injury or occupational disease is such that the	2485
handicap or disability resulting from the loss of fingers, or loss	2486
of use of fingers, exceeds the normal handicap or disability	2487
resulting from the loss of fingers, or loss of use of fingers, the	2488
administrator may take that fact into consideration and increase	2489
the award of compensation accordingly, but the award made shall	2490
not exceed the amount of compensation for loss of a hand.	2491

For the loss of a hand, one hundred seventy-five weeks.

2492

For the loss of an arm, two hundred twenty-five weeks.

2493

For the loss of a great toe, thirty weeks.

2494

For the loss of one of the toes other than the great toe, ten	2495
weeks.	2496

The loss of more than two-thirds of any toe is considered	2497
equal to the loss of the whole toe.	2498

The loss of less than two-thirds of any toe is considered no	2499
loss, except as to the great toe; the loss of the great toe up to	2500
the interphalangeal joint is co-equal to the loss of one-half of	2501
the great toe; the loss of the great toe beyond the	2502
interphalangeal joint is considered equal to the loss of the whole	2503
great toe.	2504

For the loss of a foot, one hundred fifty weeks.

2505

For the loss of a leg, two hundred weeks.

2506

For the loss of the sight of an eye, one hundred twenty-five	2507
weeks.	2508

For the permanent partial loss of sight of an eye, the	2509
portion of one hundred twenty-five weeks as the administrator in	2510
each case determines, based upon the percentage of vision actually	2511
lost as a result of the injury or occupational disease, but, in no	2512
case shall an award of compensation be made for less than	2513
twenty-five per cent loss of uncorrected vision. "Loss of	2514
uncorrected vision" means the percentage of vision actually lost	2515
as the result of the injury or occupational disease.	2516

For the permanent and total loss of hearing of one ear,	2517
twenty-five weeks; but in no case shall an award of compensation	2518
be made for less than permanent and total loss of hearing of one	2519
ear.	2520

For the permanent and total loss of hearing, one hundred	2521
twenty-five weeks; but, except pursuant to the next preceding	2522
paragraph, in no case shall an award of compensation be made for	2523
less than permanent and total loss of hearing.	2524

In case an injury or occupational disease results in serious	2525
facial or head disfigurement which either impairs or may in the	2526
future impair the opportunities to secure or retain employment,	2527
the administrator shall make an award of compensation as it deems	2528
proper and equitable, in view of the nature of the disfigurement,	2529
and not to exceed the sum of fiveten thousand dollars. For the	2530
purpose of making the award, it is not material whether the	2531
employee is gainfully employed in any occupation or trade at the	2532
time of the administrator's determination.	2533

When an award under this division has been made prior to the	2534
death of an employee all unpaid installments accrued or to accrue	2535
under the provisions of the award shall be payable to the	2536
surviving spouse, or if there is no surviving spouse, to the	2537
dependent children of the employee and if there are no such	2538
children, then to such dependents as the administrator determines.	2539

When an employee has sustained the loss of a member by	2540
severance, but no award has been made on account thereof prior to	2541
the employee's death, the administrator shall make an award in	2542
accordance with this division for the loss which shall be payable	2543
to the surviving spouse, or if there is no surviving spouse, to	2544
the dependent children of the employee and if there are no such	2545
children, then to such dependents as the administrator determines.	2546

(C) Compensation for partial impairment under divisions (A)	2547
and (B) of this section is in addition to the compensation paid	2548
the employee pursuant to section 4123.56 of the Revised Code. A	2549
claimant may receive compensation under divisions (A) and (B) of	2550
this section.	2551

In all cases arising under division (B) of this section, if	2552
it is determined by any one of the following: (1) the amputee	2553
clinic at University hospital, Ohio state university; (2) the	2554
rehabilitation services commission; (3) an amputee clinic or	2555
prescribing physician approved by the administrator or the	2556
administrator's designee, that an injured or disabled employee is	2557
in need of an artificial appliance, or in need of a repair	2558
thereof, regardless of whether the appliance or its repair will be	2559
serviceable in the vocational rehabilitation of the injured	2560
employee, and regardless of whether the employee has returned to	2561
or can ever again return to any gainful employment, the bureau	2562
shall pay the cost of the artificial appliance or its repair out	2563
of the surplus created by division (B) of section 4123.34 of the	2564
Revised Code.	2565

In those cases where a rehabilitation services commission	2566
recommendation that an injured or disabled employee is in need of	2567
an artificial appliance would conflict with their state plan,	2568
adopted pursuant to the "Rehabilitation Act of 1973," 87 Stat.	2569
355, 29 U.S.C.A. 701, the administrator or the administrator's	2570
designee or the bureau may obtain a recommendation from an amputee	2571
clinic or prescribing physician that they determine appropriate.	2572

(D) If an employee of a state fund employer makes application	2573
for a finding and the administrator finds that the employee has	2574
contracted silicosis as defined in division (X), or coal miners'	2575
pneumoconiosis as defined in division (Y), or asbestosis as	2576
defined in division (AA) of section 4123.68 of the Revised Code,	2577
and that a change of such employee's occupation is medically	2578
advisable in order to decrease substantially further exposure to	2579
silica dust, asbestos, or coal dust and if the employee, after the	2580
finding, has changed or shall change the employee's occupation to	2581
an occupation in which the exposure to silica dust, asbestos, or	2582
coal dust is substantially decreased, the administrator shall	2583
allow to the employee an amount equal to fifty per cent of the	2584
statewide average weekly wage per week for a period of thirty	2585
weeks, commencing as of the date of the discontinuance or change,	2586
and for a period of one hundred weeks immediately following the	2587
expiration of the period of thirty weeks, the employee shall	2588
receive sixty-six and two-thirds per cent of the loss of wages	2589
resulting directly and solely from the change of occupation but	2590
not to exceed a maximum of an amount equal to fifty per cent of	2591
the statewide average weekly wage per week. No such employee is	2592
entitled to receive more than one allowance on account of	2593
discontinuance of employment or change of occupation and benefits	2594
shall cease for any period during which the employee is employed	2595
in an occupation in which the exposure to silica dust, asbestos,	2596
or coal dust is not substantially less than the exposure in the	2597
occupation in which the employee was formerly employed or for any	2598
period during which the employee may be entitled to receive	2599
compensation or benefits under section 4123.68 of the Revised Code	2600
on account of disability from silicosis, asbestosis, or coal	2601
miners' pneumoconiosis. An award for change of occupation for a	2602
coal miner who has contracted coal miners' pneumoconiosis may be	2603
granted under this division even though the coal miner continues	2604
employment with the same employer, so long as the coal miner's	2605
employment subsequent to the change is such that the coal miner's	2606
exposure to coal dust is substantially decreased and a change of	2607
occupation is certified by the claimant as permanent. The	2608
administrator may accord to the employee medical and other	2609
benefits in accordance with section 4123.66 of the Revised Code.	2610

(E) If a firefighter or police officer makes application for	2611
a finding and the administrator finds that the firefighter or	2612
police officer has contracted a cardiovascular and pulmonary	2613
disease as defined in division (W) of section 4123.68 of the	2614
Revised Code, and that a change of the firefighter's or police	2615
officer's occupation is medically advisable in order to decrease	2616
substantially further exposure to smoke, toxic gases, chemical	2617
fumes, and other toxic vapors, and if the firefighter, or police	2618
officer, after the finding, has changed or changes occupation to	2619
an occupation in which the exposure to smoke, toxic gases,	2620
chemical fumes, and other toxic vapors is substantially decreased,	2621
the administrator shall allow to the firefighter or police officer	2622
an amount equal to fifty per cent of the statewide average weekly	2623
wage per week for a period of thirty weeks, commencing as of the	2624
date of the discontinuance or change, and for a period of	2625
seventy-five weeks immediately following the expiration of the	2626
period of thirty weeks the administrator shall allow the	2627
firefighter or police officer sixty-six and two-thirds per cent of	2628
the loss of wages resulting directly and solely from the change of	2629
occupation but not to exceed a maximum of an amount equal to fifty	2630
per cent of the statewide average weekly wage per week. No such	2631
firefighter or police officer is entitled to receive more than one	2632
allowance on account of discontinuance of employment or change of	2633
occupation and benefits shall cease for any period during which	2634
the firefighter or police officer is employed in an occupation in	2635
which the exposure to smoke, toxic gases, chemical fumes, and	2636
other toxic vapors is not substantially less than the exposure in	2637
the occupation in which the firefighter or police officer was	2638
formerly employed or for any period during which the firefighter	2639
or police officer may be entitled to receive compensation or	2640
benefits under section 4123.68 of the Revised Code on account of	2641
disability from a cardiovascular and pulmonary disease. The	2642
administrator may accord to the firefighter or police officer	2643
medical and other benefits in accordance with section 4123.66 of	2644
the Revised Code.	2645

(F) An order issued under this section is appealable pursuant	2646
to section 4123.511 of the Revised Code but is not appealable to	2647
court under section 4123.512 of the Revised Code.	2648

Sec. 4123.58.  (A) In cases of permanent total disability,	2649
the employee shall receive an award to continue until histhe	2650
employee's death in the amount of sixty-six and two-thirds per	2651
cent of histhe employee's average weekly wage, but, except as	2652
otherwise provided in division (B) of this section, not more than	2653
a maximum amount of weekly compensation which is equal to	2654
sixty-six and two-thirds per cent of the statewide average weekly	2655
wage as defined in division (C) of section 4123.62 of the Revised	2656
Code in effect on the date of injury or on the date the disability	2657
due to the occupational disease begins, nor not less than a	2658
minimum amount of weekly compensation which is equal to fifty per	2659
cent of the statewide average weekly wage as defined in division	2660
(C) of section 4123.62 of the Revised Code in effect on the date	2661
of injury or on the date the disability due to the occupational	2662
disease begins, unless the employee's average weekly wage is less	2663
than fifty per cent of the statewide average weekly wage at the	2664
time of the injury, in which event hethe employee shall receive	2665
compensation in an amount equal to histhe employee's average	2666
weekly wage.	2667

(B) In the event the weekly workers' compensation amount when	2668
combined with disability benefits received pursuant to the Social	2669
Security Act is less than the statewide average weekly wage as	2670
defined in division (C) of section 4123.62 of the Revised Code,	2671
then the maximum amount of weekly compensation shall be the	2672
statewide average weekly wage as defined in division (C) of	2673
section 4123.62 of the Revised Code. At any time that social	2674
security disability benefits terminate or are reduced, the	2675
workers' compensation award shall be recomputed to pay the maximum	2676
amount permitted under this division.	2677

(C) The loss or loss ofPermanent total disability shall be	2678
compensated according to this section only when at least one of	2679
the following applies to the claimant:	2680

(1) The claimant has lost, or lost the use of both hands or	2681
both arms, or both feet or both legs, or both eyes, or of any two	2682
thereof, constitutes total and permanent disability, to be	2683
compensated according to this section. Compensation; however, the	2684
loss or loss of use of one limb does not constitute the loss or	2685
loss of use of two body parts;	2686

(2) The impairment resulting from the employee's injury or	2687
occupational disease prevents the employee from engaging in	2688
sustained remunerative employment utilizing the employment skills	2689
that the employee has or may reasonably be expected to develop.	2690

(D) Permanent total disability shall not be compensated when	2691
the reason the employee is unable to engage in sustained	2692
remunerative employment is due to any of the following reasons,	2693
whether individually or in combination:	2694

(1) Impairments of the employee that are not the result of an	2695
allowed injury or occupational disease;	2696

(2) Solely the employee's age or aging;

2697

(3) The employee retired or otherwise voluntarily abandoned	2698
the workforce for reasons unrelated to the allowed injury or	2699
occupational disease.	2700

(4) The employee has not engaged in educational or	2701
rehabilitative efforts to enhance the employee's employability,	2702
unless such efforts are determined to be in vain.	2703

(E) Compensation payable under this section for permanent	2704
total disability is in addition to benefits payable under division	2705
(B) of section 4123.57 of the Revised Code.	2706

(F) If an employee is awarded compensation for permanent	2707
total disability under this section because the employee sustained	2708
a traumatic brain injury, the employee is entitled to that	2709
compensation regardless of the employee's employment in a	2710
sheltered workshop subsequent to the award, on the condition that	2711
the employee does not receive income, compensation, or	2712
remuneration from that employment in excess of two thousand	2713
dollars in any calendar quarter. As used in this division,	2714
"sheltered workshop" means a state agency or nonprofit	2715
organization established to carry out a program of rehabilitation	2716
for handicapped individuals or to provide these individuals with	2717
remunerative employment or other occupational rehabilitating	2718
activity.	2719

Sec. 4123.61.  The average weekly wage of an injured employee	2720
at the time of the injury or at the time disability due to the	2721
occupational disease begins is the basis upon which to compute	2722
benefits.	2723

In cases of temporary total disability the compensation for	2724
the first twelve weeks for which compensation is payable shall be	2725
based on the full weekly wage of the claimant at the time of the	2726
injury or at the time of the disability due to occupational	2727
disease begins; when a factory, mine, or other place of employment	2728
is working short time in order to divide work among the employees,	2729
the bureau of workers' compensation shall take that fact into	2730
consideration when determining the wage for the first twelve weeks	2731
of temporary total disability.	2732

Compensation for all further temporary total disability shall	2733
be based as provided for permanent disability claims.	2734

In death, permanent total disability claims, permanent	2735
partial disability claims, and impairment of earnings claims, the	2736
claimant's or the decedent's average weekly wage for the year	2737
preceding the injury or the date the disability due to the	2738
occupational disease begins is the weekly wage upon which	2739
compensation shall be based. In ascertaining the average weekly	2740
wage for the year previous to the injury, or the date the	2741
disability due to the occupational disease begins any period of	2742
unemployment due to sickness, industrial depression, strike,	2743
lockout, or other cause beyond the employee's control shall be	2744
eliminated.	2745

In cases where there are special circumstances under which	2746
the average weekly wage cannot justly be determined by applying	2747
this section, the administrator of workers' compensation, in	2748
determining the average weekly wage in such cases, shall use such	2749
method as will enable himthe administrator to do substantial	2750
justice to the claimants, provided that the administrator shall	2751
not recalculate the claimant's average weekly wage for awards for	2752
permanent total disability solely for the reason that the claimant	2753
continued working and the claimant's wages increased following the	2754
injury.	2755

Sec. 4123.65.  (A) A state fund employer or the employee of	2756
such an employer may file an application with the administrator of	2757
workers' compensation for approval of a final settlement of a	2758
claim under this chapter. The application shall include the	2759
settlement agreement, and except as otherwise specified in this	2760
division, be signed by the claimant and employer, and clearly set	2761
forth the circumstances by reason of which the proposed settlement	2762
is deemed desirable and that the parties agree to the terms of the	2763
settlement agreement provided that the agreement need not be	2764
signed by the employer if the. A claimant may file an application	2765
without an employer's signature in the following situations:	2766

(1) The employer is no longer doing business in Ohio. If;

2767

(2) The claim no longer is in the employer's industrial	2768
accident or occupational disease experience as provided in	2769
division (B) of section 4123.34 of the Revised Code and the	2770
claimant no longer is employed with that employer;	2771

(3) The employer has failed to comply with section 4123.35 of	2772
the Revised Code.	2773

If a claimant files an application without an employer's	2774
signature, and the employer still is doing business in this state,	2775
the administrator shall send written notice of the application to	2776
the employer immediately upon receipt of the application. If the	2777
employer fails to respond to the notice within thirty days after	2778
the notice is sent, the application need not contain the	2779
employer's signature.	2780

If a state fund employer or an employee of such an employer	2781
has not filed an application for a final settlement under this	2782
division, the administrator may file an application on behalf of	2783
the employer or the employee, provided that the administrator	2784
gives notice of the filing to the employer and the employee and to	2785
the representative of record of the employer and of the employee	2786
immediately upon the filing. An application filed by the	2787
administrator shall contain all of the information and signatures	2788
required of an employer or an employee who files an application	2789
under this division. Every self-insuring employer that enters into	2790
a final settlement agreement with an employee shall mail, within	2791
seven days of executing the agreement, a copy of the agreement to	2792
the administrator and the employee's representative. The	2793
administrator shall place the agreement into the claimant's file.	2794

(B) Except as provided in divisions (C) and (D) of this	2795
section, a settlement agreed to under this section is binding upon	2796
all parties thereto and as to items, injuries, and occupational	2797
diseases to which the settlement applies.	2798

(C) No settlement agreed to under division (A) of this	2799
section or agreed to by a self-insuring employer and the	2800
self-insuring employer's employee shall take effect until thirty	2801
days after the administrator approves the settlement for state	2802
fund employees and employers, or after the self-insuring employer	2803
and employee sign the final settlement agreement. During the	2804
thirty-day period, the employer, employee, or administrator, for	2805
state fund settlements, and the employer or employee, for	2806
self-insuring settlements, may withdraw consent to the settlement	2807
by an employer providing written notice to the employer's employee	2808
and the administrator or by an employee providing written notice	2809
to the employee's employer and the administrator, or by the	2810
administrator providing written notice to the state fund employer	2811
and employee. If an employee dies during the thirty-day waiting	2812
period following the approval of a settlement, the settlement can	2813
be voided by any party for good cause shown.	2814

(D) At the time of agreement to any final settlement	2815
agreement under division (A) of this section or agreement between	2816
a self-insuring employer and the self-insuring employer's	2817
employee, the administrator, for state fund settlements, and the	2818
self-insuring employer, for self-insuring settlements, immediately	2819
shall send a copy of the agreement to the industrial commission	2820
who shall assign the matter to a staff hearing officer. The staff	2821
hearing officer shall determine, within the time limitations	2822
specified in division (C) of this section, whether the settlement	2823
agreement is or is not a gross miscarriage of justice. If the	2824
staff hearing officer determines within that time period that the	2825
settlement agreement is clearly unfair, the staff hearing officer	2826
shall issue an order disapproving the settlement agreement. If the	2827
staff hearing officer determines that the settlement agreement is	2828
not clearly unfair or fails to act within those time limits, the	2829
settlement agreement is approved.	2830

(E) A settlement entered into under this section may pertain	2831
to one or more claims of a claimant, or one or more parts of a	2832
claim, or the compensation or benefits pertaining to either, or	2833
any combination thereof, provided that nothing in this section	2834
shall be interpreted to require a claimant to enter into a	2835
settlement agreement for every claim that has been filed with the	2836
bureau of workers' compensation by that claimant under Chapter	2837
4121., 4123., 4127., or 4131. of the Revised Code.	2838

(F) A settlement entered into under this section is not	2839
appealable under section 4123.511 or 4123.512 of the Revised Code.	2840

Sec. 4123.88. (A) No person shall orally or in writing,	2841
directly or indirectly, or through any agent or other person	2842
fraudulently hold himselfthe person's self out or represent	2843
himselfthe person's self or hisany of the person's partners or	2844
associates as authorized by a claimant or employer to take charge	2845
of, or represent the claimant or employer in respect of, any claim	2846
or matter in connection therewith before the bureau of workers'	2847
compensation or the industrial commission or its district or staff	2848
hearing officers. No person shall directly or indirectly solicit	2849
authority, or pay or give anything of value to another person to	2850
solicit authority, or accept or receive pay or anything of value	2851
from another person for soliciting authority, from a claimant or	2852
employer to take charge of, or represent the claimant or employer	2853
in respect of, any claim or appeal which is or may be filed with	2854
the bureau or commission. No person shall, without prior authority	2855
from the bureau, a member of the commission, the claimant, or the	2856
employer, examine or directly or indirectly cause or employ	2857
another person to examine any claim file or any other file	2858
pertaining thereto. No person shall forge an authorization for the	2859
purpose of examining or cause another person to examine any such	2860
file. No district or staff hearing officer or other employee of	2861
the bureau or commission, notwithstanding the provisions of	2862
section 4123.27 of the Revised Code, shall divulge any information	2863
in respect of any claim or appeal which is or may be filed with a	2864
district or staff hearing officer, the bureau, or commission to	2865
any person other than members of the commission or to the superior	2866
of the employee except upon authorization of the administrator of	2867
workers' compensation or a member of the commission or upon	2868
authorization of the claimant or employer. No	2869

(B) The records described or referred to in division (A) of	2870
this section are not public records as defined in division (A)(1)	2871
of section 149.43 of the Revised Code. Any information directly or	2872
indirectly identifying the address or telephone number of a	2873
claimant, regardless of whether the claimant's claim is active or	2874
closed, is not a public record. No person shall solicit or obtain	2875
any such information from any such employee without first having	2876
obtained an authorization therefor as provided in this section.	2877

(C) Except as otherwise specified in division (D) of this	2878
section, information kept by the commission or the bureau pursuant	2879
to this section is for the exclusive use and information of the	2880
commission and the bureau in the discharge of their official	2881
duties, and shall not be open to the public nor be used in any	2882
court in any action or proceeding pending therein, unless the	2883
commission or the bureau is a party to the action or proceeding.	2884
The information, however, may be tabulated and published by the	2885
commission or the bureau in statistical form for the use and	2886
information of other state agencies and the public.	2887

(D)(1) Upon receiving a written request made and signed by a	2888
journalist, the commission or the bureau shall disclose to the	2889
journalist the address or addresses and telephone number or	2890
numbers of claimants, regardless of whether their claims are	2891
active or closed, and the dependents of those claimants.	2892

(2) A journalist is permitted to request the information	2893
described in division (D)(1) of this section for multiple workers	2894
or dependents in one written request.	2895

(3) A journalist shall include all of the following in the	2896
written request:	2897

(a) The journalist's name, title, and signature;

2898

(b) The name and title of the journalist's employer;

2899

(c) A statement that the disclosure of the information sought	2900
is in the public interest.	2901

(4) Neither the commission nor the bureau may inquire as to	2902
the specific public interest served by the disclosure of	2903
information requested by a journalist under division (D) of this	2904
section.	2905

(E) As used in this section, "journalist" has the same	2906
meaning as in division (B)(5) of section 149.43 of the Revised	2907
Code.	2908

Sec. 5703.21.  (A) Except as provided in divisions (B) and	2909
(C) of this section, no agent of the department of taxation,	2910
except in the agent's report to the department or when called on	2911
to testify in any court or proceeding, shall divulge any	2912
information acquired by the agent as to the transactions,	2913
property, or business of any person while acting or claiming to	2914
act under orders of the department. Whoever violates this	2915
provision shall thereafter be disqualified from acting as an	2916
officer or employee or in any other capacity under appointment or	2917
employment of the department.	2918

(B)(1) For purposes of an audit pursuant to section 117.15 of	2919
the Revised Code, or an audit of the department pursuant to	2920
Chapter 117. of the Revised Code, or an audit, pursuant to that	2921
chapter, the objective of which is to express an opinion on a	2922
financial report or statement prepared or issued pursuant to	2923
division (A)(7) or (9) of section 126.21 of the Revised Code, the	2924
officers and employees of the auditor of state charged with	2925
conducting the audit shall have access to and the right to examine	2926
any state tax returns and state tax return information in the	2927
possession of the department to the extent that the access and	2928
examination are necessary for purposes of the audit. Any	2929
information acquired as the result of that access and examination	2930
shall not be divulged for any purpose other than as required for	2931
the audit or unless the officers and employees are required to	2932
testify in a court or proceeding under compulsion of legal	2933
process. Whoever violates this provision shall thereafter be	2934
disqualified from acting as an officer or employee or in any other	2935
capacity under appointment or employment of the auditor of state.	2936

(2) As provided by section 6103(d)(2) of the Internal Revenue	2937
Code, any federal tax returns or federal tax information that the	2938
department has acquired from the internal revenue service, through	2939
federal and state statutory authority, may be disclosed to the	2940
auditor of state solely for purposes of an audit of the	2941
department.	2942

(C) Division (A) of this section does not prohibit any of the	2943
following:	2944

(1) Divulging information contained in applications,	2945
complaints, and related documents filed with the department under	2946
section 5715.27 of the Revised Code or in applications filed with	2947
the department under section 5715.39 of the Revised Code;	2948

(2) Providing information to the office of child support	2949
within the department of job and family services pursuant to	2950
section 3125.43 of the Revised Code;	2951

(3) Disclosing to the board of motor vehicle collision repair	2952
registration any information in the possession of the department	2953
that is necessary for the board to verify the existence of an	2954
applicant's valid vendor's license and current state tax	2955
identification number under section 4775.07 of the Revised Code;	2956

(4) Providing information to the administrator of workers'	2957
compensation pursuant to sectionsections 4123.271 and 4123.591 of	2958
the Revised Code;	2959

(5) Providing to the attorney general information the	2960
department obtains under division (J) of section 1346.01 of the	2961
Revised Code;	2962

(6) Permitting properly authorized officers, employees, or	2963
agents of a municipal corporation from inspecting reports or	2964
information pursuant to rules adopted under section 5745.16 of the	2965
Revised Code;	2966

(7) Providing information regarding the name, account number,	2967
or business address of a holder of a vendor's license issued	2968
pursuant to section 5739.17 of the Revised Code, a holder of a	2969
direct payment permit issued pursuant to section 5739.031 of the	2970
Revised Code, or a seller having a use tax account maintained	2971
pursuant to section 5741.17 of the Revised Code, or information	2972
regarding the active or inactive status of a vendor's license,	2973
direct payment permit, or seller's use tax account;	2974

(8) Releasing invoices or invoice information furnished under	2975
section 4301.433 of the Revised Code pursuant to that section;	2976

(9) Providing to a county auditor notices or documents	2977
concerning or affecting the taxable value of property in the	2978
county auditor's county. Unless authorized by law to disclose	2979
documents so provided, the county auditor shall not disclose such	2980
documents.	2981

Sec. 5747.18.  The tax commissioner shall enforce and	2982
administer this chapter. In addition to any other powers conferred	2983
upon the commissioner by law, the commissioner may:	2984

(A) Prescribe all forms required to be filed pursuant to this	2985
chapter;	2986

(B) Adopt such rules as the commissioner finds necessary to	2987
carry out this chapter;	2988

(C) Appoint and employ such personnel as are necessary to	2989
carry out the duties imposed upon the commissioner by this	2990
chapter.	2991

Any information gained as the result of returns,	2992
investigations, hearings, or verifications required or authorized	2993
by this chapter is confidential, and no person shall disclose such	2994
information, except for official purposes, or as provided by	2995
section 3125.43, 4123.271, 4123.591, 4507.023, or 5101.182,	2996
division (B) of section 5703.21 of the Revised Code, or in	2997
accordance with a proper judicial order. The tax commissioner may	2998
furnish the internal revenue service with copies of returns or	2999
reports filed and may furnish the officer of a municipal	3000
corporation charged with the duty of enforcing a tax subject to	3001
Chapter 718. of the Revised Code with the names, addresses, and	3002
identification numbers of taxpayers who may be subject to such	3003
tax. A municipal corporation shall use this information for tax	3004
collection purposes only. This section does not prohibit the	3005
publication of statistics in a form which does not disclose	3006
information with respect to individual taxpayers.	3007

Section 2. That existing sections 2913.48, 3121.034,	3008
3121.037, 4121.10, 4121.44, 4121.441, 4123.01, 4123.32, 4123.35,	3009
4123.512, 4123.52, 4123.54, 4123.56, 4123.57, 4123.58, 4123.61,	3010
4123.65, 4123.88, 5703.21, and 5747.18 of the Revised Code are	3011
hereby repealed.	3012

Section 3. This act applies to all claims pursuant to	3013
Chapters 4121., 4123., 4127., and 4131. of the Revised Code	3014
arising on and after the effective date of this act, except that	3015
division (H) of section 4123.512 as amended by this act also	3016
applies to claims that are pending on the effective date of this	3017
act.	3018

Section 4.  Section 4123.54 of the Revised Code is presented	3019
in this act as a composite of the section as amended by both Am.	3020
Sub. H.B. 163 and Sub. H.B. 223 of the 125th General Assembly. The	3021
General Assembly, applying the principle stated in division (B) of	3022
section 1.52 of the Revised Code that amendments are to be	3023
harmonized if reasonably capable of simultaneous operation, finds	3024
that the composite is the resulting version of the section in	3025
effect prior to the effective date of the section as presented in	3026
this act.	3027