(a) Every person in the service of the state, or of any | 11 |
county, municipal corporation, township, or school district | 12 |
therein, including regular members of lawfully constituted police | 13 |
and fire departments of municipal corporations and townships, | 14 |
whether paid or volunteer, and wherever serving within the state | 15 |
or on temporary assignment outside thereof, and executive officers | 16 |
of boards of education, under any appointment or contract of hire, | 17 |
express or implied, oral or written, including any elected | 18 |
official of the state, or of any county, municipal corporation, or | 19 |
township, or members of boards of education. | 20 |
As used in division (A)(1)(a) of this section, the term | 21 |
"employee" includes the following persons when
responding to an | 22 |
inherently dangerous situation
that calls for an
immediate | 23 |
response on the part of the person,
regardless of
whether the | 24 |
person is within the limits of the
jurisdiction of the
person's | 25 |
regular employment or voluntary
service when responding,
on the | 26 |
condition that the person responds
to the situation as the
person | 27 |
otherwise would if the person were
on duty in the person's | 28 |
jurisdiction: | 29 |
(b) Every person in the service of any person, firm, or | 41 |
private corporation, including any public service corporation, | 42 |
that (i) employs one or more persons regularly in the same | 43 |
business or in or about the same establishment under any contract | 44 |
of hire, express or implied, oral or written, including aliens and | 45 |
minors, household workers who earn one hundred sixty dollars or | 46 |
more in cash in any calendar quarter from a single household and | 47 |
casual workers who earn one hundred sixty dollars or more in cash | 48 |
in any calendar quarter from a single employer, or (ii) is bound | 49 |
by any such contract of hire or by any other written contract, to | 50 |
pay into the state insurance fund the premiums provided by this | 51 |
chapter. | 52 |
Every person in the service of any independent contractor or | 99 |
subcontractor who has failed to pay into the state insurance fund | 100 |
the amount of premium determined and fixed by the administrator of | 101 |
workers' compensation for the person's employment or occupation or | 102 |
if a self-insuring employer has failed to pay compensation and | 103 |
benefits directly to the employer's injured and to the dependents | 104 |
of the employer's killed employees as required by section 4123.35 | 105 |
of the Revised Code, shall be considered as the employee of the | 106 |
person who has entered into a contract, whether written or verbal, | 107 |
with such independent contractor unless such employees or their | 108 |
legal representatives or beneficiaries elect, after injury or | 109 |
death, to regard such independent contractor as the employer. | 110 |
Any employer may elect to include as an "employee" within | 125 |
this chapter, any person excluded from the definition of | 126 |
"employee" pursuant to division (A)(2) of this
section. If an | 127 |
employer is a partnership, sole proprietorship, individual | 128 |
incorporated as a corporation, or family farm
corporation, such | 129 |
employer may elect to include as an "employee"
within this | 130 |
chapter, any member of such partnership, the owner of
the sole | 131 |
proprietorship, the individual incorporated as a corporation, or | 132 |
the officers of the family farm
corporation. In the event of an | 133 |
election, the employer shall
serve upon the bureau of workers' | 134 |
compensation written notice
naming the persons to be covered, | 135 |
include such employee's
remuneration for premium purposes in all | 136 |
future payroll reports,
and no person excluded from the definition | 137 |
of "employee" pursuant
to division (A)(2) of
this section, | 138 |
proprietor, individual incorporated as a
corporation, or partner | 139 |
shall
be deemed an employee within this
division until the | 140 |
employer has
served such notice. | 141 |
For informational purposes only, the bureau shall prescribe | 142 |
such language as it considers appropriate, on such of its forms as | 143 |
it considers appropriate, to advise employers of their right to | 144 |
elect to include as an "employee" within this chapter a sole | 145 |
proprietor, any member of a partnership, an individual | 146 |
incorporated as a corporation, the officers of a family
farm | 147 |
corporation, or a person excluded from the definition of | 148 |
"employee" under division (A)(2) of this
section, that they | 149 |
should check any health and disability
insurance policy, or other | 150 |
form of health and disability plan or
contract, presently | 151 |
covering
them, or the purchase of which they
may be considering, | 152 |
to
determine whether such policy, plan, or
contract excludes | 153 |
benefits
for illness or injury that they might
have elected to | 154 |
have covered
by workers' compensation. | 155 |
(2) Every person, firm, professional employer organization as | 161 |
defined in section 4125.01 of the Revised Code, and private | 162 |
corporation, including
any public service corporation, that (a) | 163 |
has in service one or
more employees or shared employees regularly | 164 |
in the same business or in or about the
same establishment under | 165 |
any contract of hire, express or implied,
oral or written, or (b) | 166 |
is bound by any such contract of hire or
by any other written | 167 |
contract, to pay into the insurance fund the
premiums provided by | 168 |
this chapter. | 169 |
All such employers are subject to this chapter. Any member
of | 170 |
a firm or association, who regularly performs manual labor in
or | 171 |
about a mine, factory, or other establishment, including a | 172 |
household establishment, shall be considered an employee in | 173 |
determining whether such person, firm, or private corporation, or | 174 |
public service corporation, has in its service, one or more | 175 |
employees and the employer shall report the income derived from | 176 |
such labor to the bureau as part of the payroll of such employer, | 177 |
and such member shall thereupon be entitled to all the benefits of | 178 |
an employee. | 179 |
(4) A condition that pre-existed an injury unless that | 197 |
pre-existing condition is substantially aggravated by the injury. | 198 |
Such a substantial aggravation must be documented by objective | 199 |
diagnostic findings, objective clinical findings, or objective | 200 |
test results. Subjective complaints may be evidence of such a | 201 |
substantial aggravation. However, subjective complaints without | 202 |
objective diagnostic findings, objective clinical findings, or | 203 |
objective test results are insufficient to substantiate a | 204 |
substantial aggravation. | 205 |
(E) "Family farm corporation" means a corporation founded
for | 208 |
the purpose of farming agricultural land in which the majority
of | 209 |
the voting stock is held by and the majority of the
stockholders | 210 |
are persons or the spouse of persons related to each
other within | 211 |
the fourth degree of kinship, according to the rules
of the civil | 212 |
law, and at least one of the related persons is
residing on or | 213 |
actively operating the farm, and none of whose
stockholders are a | 214 |
corporation. A family farm corporation does
not cease to qualify | 215 |
under this division where, by reason of any
devise, bequest, or | 216 |
the operation of the laws of descent or
distribution, the | 217 |
ownership of shares of voting stock is
transferred to another | 218 |
person, as long as that person is within
the degree of kinship | 219 |
stipulated in this division. | 220 |
(F) "Occupational disease" means a disease contracted in the | 221 |
course of employment, which by its causes and the characteristics | 222 |
of its manifestation or the condition of the employment results in | 223 |
a hazard which distinguishes the employment in character from | 224 |
employment generally, and the employment creates a risk of | 225 |
contracting the disease in greater degree and in a different | 226 |
manner from the public in general. | 227 |
(G) "Self-insuring employer" means an employer who is
granted | 228 |
the privilege of paying compensation and benefits directly
under | 229 |
section 4123.35 of the Revised Code, including a board of
county | 230 |
commissioners for the sole purpose of constructing a sports | 231 |
facility as defined in section 307.696 of the Revised Code, | 232 |
provided that the electors of the county in which the sports | 233 |
facility is to be built have approved construction of a sports | 234 |
facility by ballot election no later than November 6, 1997. | 235 |
(I) "Sexual conduct" means vaginal intercourse between a male | 238 |
and female; anal intercourse, fellatio, and cunnilingus between | 239 |
persons regardless of gender; and, without privilege to do so, the | 240 |
insertion, however slight, of any part of the body or any | 241 |
instrument, apparatus, or other object into the vaginal or anal | 242 |
cavity of another. Penetration, however slight, is sufficient to | 243 |
complete vaginal or anal intercourse. | 244 |