As Passed by the House

127th General Assembly Regular Session 2007-2008

Am. Sub. S. B. No. 334

Senator Faber 

Cosponsors: Senators Seitz, Spada, Coughlin, Mumper, Schaffer, Amstutz, Stivers, Buehrer, Grendell, Harris, Niehaus, Schuring, Wilson, Fedor, Padgett, Sawyer, Cates, Austria 

Representatives Yuko, Uecker, Combs, Slesnick, Stewart, D., Adams, Collier, Hughes, Batchelder, Boyd, Brinkman, Brown, Budish, Chandler, Coley, DeBose, Dolan, Domenick, Evans, Fende, Flowers, Gardner, Gerberry, Gibbs, Goyal, Hagan, J., Harwood, Hottinger, Jones, Letson, Mallory, McGregor, J., Mecklenborg, Raussen, Sayre, Schindel, Sears, Setzer, Wachtmann, Wagner, Zehringer 

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A BILL

To amend sections 4123.01, 4123.26, 4123.29, 4123.34,

1

4123.51, 4123.54, 4123.82, and 4123.88 and to

2

enact sections 4123.292 and 4123.542 to prohibit

3

an employee from filing a claim for workers'

4

compensation benefits in this state if the

5

employee has received a decision on the merits

6

of a claim filed in another state for the same

7

injury or occupational disease, to allow an Ohio

8

employer to obtain workers' compensation

9

insurance for claims arising in other states

10

through the Administrator of Workers'

11

Compensation, if the Administrator elects to

12

provide such insurance, or an insurance company,

13

to make other changes to the Workers'

14

Compensation Law regarding interstate workers'

15

compensation claims and the surplus of the State

16

Insurance Fund, and to allow an individual whose

17

primary occupation is as a journalist to access

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specified worker's compensation records.

19

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

Section 1. That sections 4123.01, 4123.26, 4123.29, 4123.34,	20
4123.51, 4123.54, 4123.82, 4123.88 be amended and sections	21
4123.292 and 4123.542 of the Revised Code be enacted to read as	22
follows:	23

Sec. 4123.01.  As used in this chapter:

24

(A)(1) "Employee" means:

25

(a) Every person in the service of the state, or of any	26
county, municipal corporation, township, or school district	27
therein, including regular members of lawfully constituted police	28
and fire departments of municipal corporations and townships,	29
whether paid or volunteer, and wherever serving within the state	30
or on temporary assignment outside thereof, and executive officers	31
of boards of education, under any appointment or contract of hire,	32
express or implied, oral or written, including any elected	33
official of the state, or of any county, municipal corporation, or	34
township, or members of boards of education.	35

As used in division (A)(1)(a) of this section, the term	36
"employee" includes the following persons when responding to an	37
inherently dangerous situation that calls for an immediate	38
response on the part of the person, regardless of whether the	39
person is within the limits of the jurisdiction of the person's	40
regular employment or voluntary service when responding, on the	41
condition that the person responds to the situation as the person	42
otherwise would if the person were on duty in the person's	43
jurisdiction:	44

(i) Off-duty peace officers. As used in division (A)(1)(a)(i)	45
of this section, "peace officer" has the same meaning as in	46
section 2935.01 of the Revised Code.	47

(ii) Off-duty firefighters, whether paid or volunteer, of a	48
lawfully constituted fire department.	49

(iii) Off-duty first responders, emergency medical	50
technicians-basic, emergency medical technicians-intermediate, or	51
emergency medical technicians-paramedic, whether paid or	52
volunteer, of an ambulance service organization or emergency	53
medical service organization pursuant to Chapter 4765. of the	54
Revised Code.	55

(b) Every person in the service of any person, firm, or	56
private corporation, including any public service corporation,	57
that (i) employs one or more persons regularly in the same	58
business or in or about the same establishment under any contract	59
of hire, express or implied, oral or written, including aliens and	60
minors, household workers who earn one hundred sixty dollars or	61
more in cash in any calendar quarter from a single household and	62
casual workers who earn one hundred sixty dollars or more in cash	63
in any calendar quarter from a single employer, or (ii) is bound	64
by any such contract of hire or by any other written contract, to	65
pay into the state insurance fund the premiums provided by this	66
chapter.	67

(c) Every person who performs labor or provides services	68
pursuant to a construction contract, as defined in section 4123.79	69
of the Revised Code, if at least ten of the following criteria	70
apply:	71

(i) The person is required to comply with instructions from	72
the other contracting party regarding the manner or method of	73
performing services;	74

(ii) The person is required by the other contracting party to	75
have particular training;	76

(iii) The person's services are integrated into the regular	77
functioning of the other contracting party;	78

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

79

(v) The person is hired, supervised, or paid by the other	80
contracting party;	81

(vi) A continuing relationship exists between the person and	82
the other contracting party that contemplates continuing or	83
recurring work even if the work is not full time;	84

(vii) The person's hours of work are established by the other	85
contracting party;	86

(viii) The person is required to devote full time to the	87
business of the other contracting party;	88

(ix) The person is required to perform the work on the	89
premises of the other contracting party;	90

(x) The person is required to follow the order of work set by	91
the other contracting party;	92

(xi) The person is required to make oral or written reports	93
of progress to the other contracting party;	94

(xii) The person is paid for services on a regular basis such	95
as hourly, weekly, or monthly;	96

(xiii) The person's expenses are paid for by the other	97
contracting party;	98

(xiv) The person's tools and materials are furnished by the	99
other contracting party;	100

(xv) The person is provided with the facilities used to	101
perform services;	102

(xvi) The person does not realize a profit or suffer a loss	103
as a result of the services provided;	104

(xvii) The person is not performing services for a number of	105
employers at the same time;	106

(xviii) The person does not make the same services available	107
to the general public;	108

(xix) The other contracting party has a right to discharge	109
the person;	110

(xx) The person has the right to end the relationship with	111
the other contracting party without incurring liability pursuant	112
to an employment contract or agreement.	113

Every person in the service of any independent contractor or	114
subcontractor who has failed to pay into the state insurance fund	115
the amount of premium determined and fixed by the administrator of	116
workers' compensation for the person's employment or occupation or	117
if a self-insuring employer has failed to pay compensation and	118
benefits directly to the employer's injured and to the dependents	119
of the employer's killed employees as required by section 4123.35	120
of the Revised Code, shall be considered as the employee of the	121
person who has entered into a contract, whether written or verbal,	122
with such independent contractor unless such employees or their	123
legal representatives or beneficiaries elect, after injury or	124
death, to regard such independent contractor as the employer.	125

(d) Every person to whom all of the following apply:

126

(i) The person is a resident of a state other than this state	127
and is covered by that other state's workers' compensation law;	128

(ii) The person performs labor or provides services for that	129
person's employer while temporarily within this state;	130

(iii) The laws of that other state do not include the	131
provisions described in division (H)(4) of section 4123.54 of the	132
Revised Code.	133

(2) "Employee" does not mean:

134

(a) A duly ordained, commissioned, or licensed minister or	135
assistant or associate minister of a church in the exercise of	136
ministry;	137

(b) Any officer of a family farm corporation;

138

(c) An individual incorporated as a corporation; or

139

(d) An individual who otherwise is an employee of an employer	140
but who signs the waiver and affidavit specified in section	141
4123.15 of the Revised Code on the condition that the	142
administrator has granted a waiver and exception to the	143
individual's employer under section 4123.15 of the Revised Code.	144

Any employer may elect to include as an "employee" within	145
this chapter, any person excluded from the definition of	146
"employee" pursuant to division (A)(2) of this section. If an	147
employer is a partnership, sole proprietorship, individual	148
incorporated as a corporation, or family farm corporation, such	149
employer may elect to include as an "employee" within this	150
chapter, any member of such partnership, the owner of the sole	151
proprietorship, the individual incorporated as a corporation, or	152
the officers of the family farm corporation. In the event of an	153
election, the employer shall serve upon the bureau of workers'	154
compensation written notice naming the persons to be covered,	155
include such employee's remuneration for premium purposes in all	156
future payroll reports, and no person excluded from the definition	157
of "employee" pursuant to division (A)(2) of this section,	158
proprietor, individual incorporated as a corporation, or partner	159
shall be deemed an employee within this division until the	160
employer has served such notice.	161

For informational purposes only, the bureau shall prescribe	162
such language as it considers appropriate, on such of its forms as	163
it considers appropriate, to advise employers of their right to	164
elect to include as an "employee" within this chapter a sole	165
proprietor, any member of a partnership, an individual	166
incorporated as a corporation, the officers of a family farm	167
corporation, or a person excluded from the definition of	168
"employee" under division (A)(2) of this section, that they should	169
check any health and disability insurance policy, or other form of	170
health and disability plan or contract, presently covering them,	171
or the purchase of which they may be considering, to determine	172
whether such policy, plan, or contract excludes benefits for	173
illness or injury that they might have elected to have covered by	174
workers' compensation.	175

(B) "Employer" means:

176

(1) The state, including state hospitals, each county,	177
municipal corporation, township, school district, and hospital	178
owned by a political subdivision or subdivisions other than the	179
state;	180

(2) Every person, firm, professional employer organization as	181
defined in section 4125.01 of the Revised Code, and private	182
corporation, including any public service corporation, that (a)	183
has in service one or more employees or shared employees regularly	184
in the same business or in or about the same establishment under	185
any contract of hire, express or implied, oral or written, or (b)	186
is bound by any such contract of hire or by any other written	187
contract, to pay into the insurance fund the premiums provided by	188
this chapter.	189

All such employers are subject to this chapter. Any member of	190
a firm or association, who regularly performs manual labor in or	191
about a mine, factory, or other establishment, including a	192
household establishment, shall be considered an employee in	193
determining whether such person, firm, or private corporation, or	194
public service corporation, has in its service, one or more	195
employees and the employer shall report the income derived from	196
such labor to the bureau as part of the payroll of such employer,	197
and such member shall thereupon be entitled to all the benefits of	198
an employee.	199

(C) "Injury" includes any injury, whether caused by external	200
accidental means or accidental in character and result, received	201
in the course of, and arising out of, the injured employee's	202
employment. "Injury" does not include:	203

(1) Psychiatric conditions except where the claimant's	204
psychiatric conditions have arisen from an injury or occupational	205
disease sustained by that claimant or where the claimant's	206
psychiatric conditions have arisen from sexual conduct in which	207
the claimant was forced by threat of physical harm to engage or	208
participate;	209

(2) Injury or disability caused primarily by the natural	210
deterioration of tissue, an organ, or part of the body;	211

(3) Injury or disability incurred in voluntary participation	212
in an employer-sponsored recreation or fitness activity if the	213
employee signs a waiver of the employee's right to compensation or	214
benefits under this chapter prior to engaging in the recreation or	215
fitness activity;	216

(4) A condition that pre-existed an injury unless that	217
pre-existing condition is substantially aggravated by the injury.	218
Such a substantial aggravation must be documented by objective	219
diagnostic findings, objective clinical findings, or objective	220
test results. Subjective complaints may be evidence of such a	221
substantial aggravation. However, subjective complaints without	222
objective diagnostic findings, objective clinical findings, or	223
objective test results are insufficient to substantiate a	224
substantial aggravation.	225

(D) "Child" includes a posthumous child and a child legally	226
adopted prior to the injury.	227

(E) "Family farm corporation" means a corporation founded for	228
the purpose of farming agricultural land in which the majority of	229
the voting stock is held by and the majority of the stockholders	230
are persons or the spouse of persons related to each other within	231
the fourth degree of kinship, according to the rules of the civil	232
law, and at least one of the related persons is residing on or	233
actively operating the farm, and none of whose stockholders are a	234
corporation. A family farm corporation does not cease to qualify	235
under this division where, by reason of any devise, bequest, or	236
the operation of the laws of descent or distribution, the	237
ownership of shares of voting stock is transferred to another	238
person, as long as that person is within the degree of kinship	239
stipulated in this division.	240

(F) "Occupational disease" means a disease contracted in the	241
course of employment, which by its causes and the characteristics	242
of its manifestation or the condition of the employment results in	243
a hazard which distinguishes the employment in character from	244
employment generally, and the employment creates a risk of	245
contracting the disease in greater degree and in a different	246
manner from the public in general.	247

(G) "Self-insuring employer" means an employer who is granted	248
the privilege of paying compensation and benefits directly under	249
section 4123.35 of the Revised Code, including a board of county	250
commissioners for the sole purpose of constructing a sports	251
facility as defined in section 307.696 of the Revised Code,	252
provided that the electors of the county in which the sports	253
facility is to be built have approved construction of a sports	254
facility by ballot election no later than November 6, 1997.	255

(H) "Public employer" means an employer as defined in	256
division (B)(1) of this section.	257

(I) "Sexual conduct" means vaginal intercourse between a male	258
and female; anal intercourse, fellatio, and cunnilingus between	259
persons regardless of gender; and, without privilege to do so, the	260
insertion, however slight, of any part of the body or any	261
instrument, apparatus, or other object into the vaginal or anal	262
cavity of another. Penetration, however slight, is sufficient to	263
complete vaginal or anal intercourse.	264

(J) "Other-states' insurer" means an insurance company that	265
is authorized to provide workers' compensation insurance coverage	266
in any of the states that permit employers to obtain insurance	267
for workers' compensation claims through insurance companies.	268

(K) "Other-states' coverage" means insurance coverage	269
purchased by an employer for workers' compensation claims that	270
arise in a state or states other than this state and that are	271
filed by the employees of the employer or those employee's	272
dependents, as applicable, in that other state or those other	273
states.	274

Sec. 4123.26.  Every employer shall keep records of, and	275
furnish to the bureau of workers' compensation upon request, all	276
information required by the administrator of workers' compensation	277
to carry out this chapter. In January of each year, every employer	278
of the state employing one or more employees regularly in the same	279
business, or in or about the same establishment, shall prepare and	280
mail to the bureau at its main office in Columbus a statement	281
containing the following information, as applicable:	282

(A) The number of employees employed during the preceding	283
year from the first day of January through the thirty-first day of	284
December;	285

(B) The number of such employees employed at each kind of	286
employment and the aggregate amount of wages paid to such	287
employees;	288

(C) If an employer elects to obtain other-states' coverage	289
pursuant to section 4123.292 of the Revised Code through either	290
the administrator, if the administrator elects to offer such	291
coverage, or an other-states' insurer for claims arising in a	292
state or states other than this state, all of the following	293
information:	294

(1) The amount of wages the employer paid to the employer's	295
employees for performing labor or providing services for the	296
employer in this state;	297

(2) The amount of wages the employer paid to the employer's	298
employees for performing labor or providing services for the	299
employer in a state or states other than this state.	300

The allocation of wages identified by the employer pursuant	301
to divisions (C)(1) and (2) of this section shall not be presumed	302
to be an indication of the law under which an employee is eligible	303
to receive compensation and benefits.	304

The information shall be furnished on a blank to be prepared	305
by the bureau. The bureau shall furnish the blanks to employers	306
free of charge upon request therefor. Every employer receiving	307
from the bureau any blank, with directions to fill out the same,	308
shall cause the same to be properly filled out so as to answer	309
fully and correctly all questions therein propounded, and give all	310
the information therein sought, or if unable to do so, hethe	311
employer shall give to the bureau in writing good and sufficient	312
reasons for such failure. The bureau may require that the	313
information required to be furnished be verified under oath and	314
returned to the bureau within the period fixed by it or by law.	315
The bureau or any person employed by the bureau for that purpose,	316
may examine, under oath, any employer, or the officer, agent, or	317
employee thereof, for the purpose of ascertaining any information	318
which the employer is required to furnish to the bureau.	319

No employer shall fail to furnish to the bureau the annual	320
statement required by this section, nor shall any employer fail to	321
keep records of or furnish such other information as may be	322
required by the bureau under this section.	323

Whoever violates this section shall forfeit five hundred	324
dollars, to be collected in a civil action brought against the	325
employer in the name of the state, to be paid into the state	326
insurance fund and become a part thereof.	327

Sec. 4123.29.  (A) The administrator of workers'	328
compensation, subject to the approval of the bureau of workers'	329
compensation board of directors, shall do all of the following:	330

(1) Classify occupations or industries with respect to their	331
degree of hazard and determine the risks of the different classes	332
according to the categories the national council on compensation	333
insurance establishes that are applicable to employers in this	334
state;	335

(2)(a) Fix the rates of premium of the risks of the classes	336
based upon the total payroll in each of the classes of occupation	337
or industry sufficiently large to provide a fund for the	338
compensation provided for in this chapter and to maintain a state	339
insurance fund from year to year. The administrator shall set the	340
rates at a level that assures the solvency of the fund. Where the	341
payroll cannot be obtained or, in the opinion of the	342
administrator, is not an adequate measure for determining the	343
premium to be paid for the degree of hazard, the administrator	344
may determine the rates of premium upon such other basis,	345
consistent with insurance principles, as is equitable in view of	346
the degree of hazard, and whenever in this chapter reference is	347
made to payroll or expenditure of wages with reference to fixing	348
premiums, the reference shall be construed to have been made also	349
to such other basis for fixing the rates of premium as the	350
administrator may determine under this section.	351

(b) If an employer elects to obtain other-states' coverage	352
pursuant to section 4123.292 of the Revised Code through either	353
the administrator, if the administrator elects to offer such	354
coverage, or an other-states' insurer, calculate the employer's	355
premium for the state insurance fund in the same manner as	356
otherwise required under division (A) of this section and section	357
4123.34 of the Revised Code, except that when the administrator	358
determines the expenditure of wages, payroll, or both upon which	359
to base the employer's premium, the administrator shall use only	360
the expenditure of wages, payroll, or both attributable to the	361
labor performed and services provided by that employer's employees	362
when those employees performed labor and provided services in this	363
state only and to which the other-states' coverage does not	364
apply.	365

(c) The administrator in setting or revising rates shall	366
furnish to employers an adequate explanation of the basis for the	367
rates set.	368

(3) Develop and make available to employers who are paying	369
premiums to the state insurance fund alternative premium plans.	370
Alternative premium plans shall include retrospective rating	371
plans. The administrator may make available plans under which an	372
advanced deposit may be applied against a specified deductible	373
amount per claim.	374

(4)(a) Offer to insure the obligations of employers under	375
this chapter under a plan that groups, for rating purposes,	376
employers, and pools the risk of the employers within the group	377
provided that the employers meet all of the following conditions:	378

(i) All of the employers within the group are members of an	379
organization that has been in existence for at least two years	380
prior to the date of application for group coverage;	381

(ii) The organization was formed for purposes other than that	382
of obtaining group workers' compensation under this division;	383

(iii) The employers' business in the organization is	384
substantially similar such that the risks which are grouped are	385
substantially homogeneous;	386

(iv) The group of employers consists of at least one hundred	387
members or the aggregate workers' compensation premiums of the	388
members, as determined by the administrator, are expected to	389
exceed one hundred fifty thousand dollars during the coverage	390
period;	391

(v) The formation and operation of the group program in the	392
organization will substantially improve accident prevention and	393
claims handling for the employers in the group;	394

(vi) Each employer seeking to enroll in a group for workers'	395
compensation coverage has an industrial insurance account in good	396
standing with the bureau of workers' compensation such that at the	397
time the agreement is processed no outstanding premiums,	398
penalties, or assessments are due from any of the employers.	399

(b) If an organization sponsors more than one employer group	400
to participate in group plans established under this section, that	401
organization may submit a single application that supplies all of	402
the information necessary for each group of employers that the	403
organization wishes to sponsor.	404

(c) In providing employer group plans under division (A)(4)	405
of this section, the administrator shall consider an employer	406
group as a single employing entity for purposes of retrospective	407
rating. No employer may be a member of more than one group for the	408
purpose of obtaining workers' compensation coverage under this	409
division.	410

(d) At the time the administrator revises premium rates	411
pursuant to this section and section 4123.34 of the Revised Code,	412
if the premium rate of an employer who participates in a group	413
plan established under this section changes from the rate	414
established for the previous year, the administrator, in addition	415
to sending the invoice with the rate revision to that employer,	416
shall send a copy of that invoice to the third-party administrator	417
that administers the group plan for that employer's group.	418

(e) In providing employer group plans under division (A)(4)	419
of this section, the administrator shall establish a program	420
designed to mitigate the impact of a significant claim that would	421
come into the experience of a private, state fund group-rated	422
employer for the first time and be a contributing factor in that	423
employer being excluded from a group-rated plan. The administrator	424
shall establish eligibility criteria and requirements that such	425
employers must satisfy in order to participate in this program.	426
For purposes of this program, the administrator shall establish a	427
discount on premium rates applicable to employers who qualify for	428
the program.	429

(f) In no event shall division (A)(4) of this section be	430
construed as granting to an employer status as a self-insuring	431
employer.	432

(g) The administrator shall develop classifications of	433
occupations or industries that are sufficiently distinct so as not	434
to group employers in classifications that unfairly represent the	435
risks of employment with the employer.	436

(5) Generally promote employer participation in the state	437
insurance fund through the regular dissemination of information to	438
all classes of employers describing the advantages and benefits of	439
opting to make premium payments to the fund. To that end, the	440
administrator shall regularly make employers aware of the various	441
workers' compensation premium packages developed and offered	442
pursuant to this section.	443

(6) Make available to every employer who is paying premiums	444
to the state insurance fund a program whereby the employer or the	445
employer's agent pays to the claimant or on behalf of the claimant	446
the first fifteen thousand dollars of a compensable workers'	447
compensation medical-only claim filed by that claimant that is	448
related to the same injury or occupational disease. No formal	449
application is required; however, an employer must elect to	450
participate by telephoning the bureau after July 1, 1995. Once an	451
employer has elected to participate in the program, the employer	452
will be responsible for all bills in all medical-only claims with	453
a date of injury the same or later than the election date, unless	454
the employer notifies the bureau within fourteen days of receipt	455
of the notification of a claim being filed that it does not wish	456
to pay the bills in that claim, or the employer notifies the	457
bureau that the fifteen thousand dollar maximum has been paid, or	458
the employer notifies the bureau of the last day of service on	459
which it will be responsible for the bills in a particular	460
medical-only claim. If an employer elects to enter the program,	461
the administrator shall not reimburse the employer for such	462
amounts paid and shall not charge the first fifteen thousand	463
dollars of any medical-only claim paid by an employer to the	464
employer's experience or otherwise use it in merit rating or	465
determining the risks of any employer for the purpose of payment	466
of premiums under this chapter. If an employer elects to enter the	467
program and the employer fails to pay a bill for a medical-only	468
claim included in the program, the employer shall be liable for	469
that bill and the employee for whom the employer failed to pay the	470
bill shall not be liable for that bill. The administrator shall	471
adopt rules to implement and administer division (A)(6) of this	472
section. Upon written request from the bureau, the employer shall	473
provide documentation to the bureau of all medical-only bills that	474
they are paying directly. Such requests from the bureau may not be	475
made more frequently than on a semiannual basis. Failure to	476
provide such documentation to the bureau within thirty days of	477
receipt of the request may result in the employer's forfeiture of	478
participation in the program for such injury. The provisions of	479
this section shall not apply to claims in which an employer with	480
knowledge of a claimed compensable injury or occupational disease,	481
has paid wages in lieu of compensation or total disability.	482

(B) The administrator, with the advice and consent of the	483
board, by rule, may do both of the following:	484

(1) Grant an employer who makes the employer's semiannual	485
premium payment at least one month prior to the last day on which	486
the payment may be made without penalty, a discount as the	487
administrator fixes from time to time;	488

(2) Levy a minimum annual administrative charge upon risks	489
where semiannual premium reports develop a charge less than the	490
administrator considers adequate to offset administrative costs of	491
processing.	492

Sec. 4123.292. (A) Notwithstanding sections 4123.35 and	493
4123.82 of the Revised Code, an employer may elect to obtain	494
other-states' coverage through an other-states' insurer or, if the	495
administrator of workers' compensation elects to offer such	496
coverage, through the administrator pursuant to division (B) of	497
this section. An employer who elects to obtain other-states'	498
coverage shall submit a written notice to the administrator	499
stating that election and, if the employer elects to obtain that	500
coverage through an other-states' insurer, the name of the	501
other-states' insurer through whom the employer has obtained that	502
coverage. If an employer fails to pay the employer's premium for	503
other-states' coverage, the administrator shall consider the	504
employer to be noncompliant for the purposes of having	505
other-states' coverage but shall not consider the employer to be	506
a noncomplying employer for purposes of this chapter or Chapter	507
4121., 4127., or 4131. of the Revised Code unless the employer	508
otherwise fails to comply with section 4123.35 of the Revised	509
Code.	510

(B) The administrator may secure other-states' coverage to	511
allow an employer who wishes to obtain other-states' coverage	512
pursuant to this section and who elects to obtain that coverage	513
through the administrator for workers' compensation claims	514
arising in a state or states other than this state. If the	515
administrator elects to secure other-states' coverage, the	516
administrator shall follow the competitive bidding requirements	517
specified in Chapter 125. of the Revised Code to select one	518
other-states' insurer, and the administrator, with the advice and	519
consent of the bureau of workers' compensation board of	520
directors, shall award the contract to provide other-states'	521
coverage for employers located in this state to the other-states'	522
insurer that is the lowest and best bidder.	523

(C) If the administrator elects to secure other-states'	524
coverage pursuant to division (B) of this section, the	525
administrator shall calculate an employer's premium for	526
other-states' coverage provided through the administrator	527
separately from calculating any other premiums or assessments	528
charged under this chapter or Chapter 4121., 4127., or 4131. of	529
the Revised Code. The administrator shall calculate the employer's	530
other-states' coverage premium in the same manner the	531
administrator calculates an employer's premium for the state	532
insurance fund pursuant to division (A) of section 4123.29 and	533
section 4123.34 of the Revised Code, except that, when calculating	534
the employer's premium for other-states' coverage under this	535
division, the administrator shall do all of the following:	536

(1) Base the employer's other-states' coverage premium on	537
the terms specified in the contract the administrator enters	538
into with an insurance company pursuant to division (B) of this	539
section;	540

(2) When determining the expenditure of wages, payroll, or	541
both upon which to base the employer's other-states' coverage	542
premium, use only the amount of wages, payroll, or both the	543
employer paid to the employer's employees for performing labor or	544
providing services for the employer in a state or states other	545
than this state;	546

(3) Not take into account the amount of wages, payroll, or	547
both the employer paid to the employer's employees for performing	548
labor or providing services for the employer in this state or any	549
compensation or benefits paid for claims covered by the state	550
insurance fund.	551

(D) If the administrator elects to secure other states'	552
coverage, the administrator, with the advice and consent of the	553
board, shall adopt rules to implement divisions (B) and (C) of	554
this section.	555

(E) An other-states' insurer that provides other-states'	556
coverage to an employer pursuant to this section shall do all of	557
the following when calculating the employer's premium for that	558
coverage:	559

(1) When determining the amount of wages, payroll, or both	560
upon which to base the employer's premium, use only the amount of	561
wages, payroll, or both the employer paid to the employer's	562
employees for performing labor or providing services for the	563
employer in a state or states other than this state;	564

(2) Not take into account the amount of wages, payroll, or	565
both the employer paid to the employer's employees for performing	566
labor or providing services for the employer in this state or any	567
compensation or benefits paid for claims otherwise covered by this	568
chapter or Chapter 4121., 4127., or 4131. of the Revised Code;	569

(3) Take into account any other factors the other-states'	570
insurer uses to calculate premiums for workers' compensation	571
insurance.	572

(F) The board and the individual members thereof, the	573
administrator, and the bureau of workers' compensation shall not	574
incur any obligation or liability if another state determines that	575
the other-states' coverage provided under this section does not	576
satisfy the requirements specified in that state's workers'	577
compensation law for obtaining workers' compensation coverage in	578
that state.	579

Sec. 4123.34.  It shall be the duty of the bureau of	580
workers' compensation board of directors and the administrator of	581
workers' compensation to safeguard and maintain the solvency of	582
the state insurance fund and all other funds specified in this	583
chapter and Chapters 4121., 4127., and 4131. of the Revised Code.	584
The administrator, in the exercise of the powers and discretion	585
conferred upon the administrator in section 4123.29 of the Revised	586
Code, shall fix and maintain, with the advice and consent of the	587
board, for each class of occupation or industry, the lowest	588
possible rates of premium consistent with the maintenance of a	589
solvent state insurance fund and the creation and maintenance of a	590
reasonable surplus, after the payment of legitimate claims for	591
injury, occupational disease, and death that the administrator	592
authorizes to be paid from the state insurance fund for the	593
benefit of injured, diseased, and the dependents of killed	594
employees. In establishing rates, the administrator shall take	595
into account the necessity of ensuring sufficient money is set	596
aside in the premium payment security fund to cover any defaults	597
in premium obligations. The administrator shall observe all of the	598
following requirements in fixing the rates of premium for the	599
risks of occupations or industries:	600

(A) The administrator shall keep an accurate account of the	601
money paid in premiums by each of the several classes of	602
occupations or industries, and the losses on account of injuries,	603
occupational disease, and death of employees thereof, and also	604
keep an account of the money received from each individual	605
employer and the amount of losses incurred against the state	606
insurance fund on account of injuries, occupational disease, and	607
death of the employees of the employer.	608

(B) Ten per cent of the money paid into the state insurance	609
fund shall be set aside for the creation of a surplus until the	610
surplus amounts to the sum of one hundred thousand dollars, after	611
which time, whenever necessary in the judgment of the	612
administrator to guarantee a solvent state insurance fund, a sum	613
not exceeding five per cent of all the money paid into the state	614
insurance fund shall be credited to the surplus fund. In addition	615
to all statutory authority under this chapter and Chapter 4121. of	616
the Revised Code, the administrator has discretionary and	617
contingency authority to make charges to surplus. The	618
administrator shall account for all charges, whether statutory,	619
discretionary, or contingency, that the administrator may make to	620
surplus. A revision of basic rates shall be made annually on the	621
first day of July.	622

Notwithstanding any provision of the law to the contrary, one	623
hundred eighty days after the effective date on which	624
self-insuring employers first may elect under division (D) of	625
section 4121.66 of the Revised Code to directly pay for	626
rehabilitation expenses, the administrator shall calculate the	627
deficit, if any, in the portion of surplus fund that is used for	628
reimbursement to self-insuring employers for all expenses other	629
than handicapped reimbursement under section 4123.343 of the	630
Revised Code. The administrator, from time to time, may determine	631
whether the surplus fund has such a deficit and may assess all	632
self-insuring employers who participated in the portion of the	633
surplus fund during the accrual of the deficit and who during that	634
time period have not made the election under division (D) of	635
section 4121.66 of the Revised Code the amount the administrator	636
determines necessary to reduce the deficit.	637

Revisions of basic rates shall be in accordance with the	638
oldest four of the last five calendar years of the combined	639
accident and occupational disease experience of the administrator	640
in the administration of this chapter, as shown by the accounts	641
kept as provided in this section, excluding the experience of	642
employers that are no longer active if the administrator	643
determines that the inclusion of those employers would have a	644
significant negative impact on the remainder of the employers in a	645
particular manual classification; and the administrator shall	646
adopt rules, with the advice and consent of the board, governing	647
rate revisions, the object of which shall be to make an equitable	648
distribution of losses among the several classes of occupation or	649
industry, which rules shall be general in their application.	650

(C) The administrator may apply that form of rating system	651
that the administrator finds is best calculated to merit rate or	652
individually rate the risk more equitably, predicated upon the	653
basis of its individual industrial accident and occupational	654
disease experience, and may encourage and stimulate accident	655
prevention. The administrator shall develop fixed and equitable	656
rules controlling the rating system, which rules shall conserve to	657
each risk the basic principles of workers' compensation insurance.	658

(D) The administrator, from the money paid into the state	659
insurance fund, shall set aside into an account of the state	660
insurance fund titled a premium payment security fund sufficient	661
money to pay for any premiums due from an employer and uncollected	662
that are in excess of the employer's premium security deposit.	663

The fund shall be in the custody of the treasurer of state.	664
All investment earnings of the fund shall be deposited in the	665
fund. Disbursements from the fund shall be made by the bureau of	666
workers' compensation upon order of the administrator to the state	667
insurance fund. The use of the moneys held by the premium payment	668
security fund is restricted to reimbursement to the state	669
insurance fund of premiums due and uncollected in excess of an	670
employer's premium security deposit. The moneys constituting the	671
premium payment security fund shall be maintained without regard	672
to or reliance upon any other fund. This section does not prevent	673
the deposit or investment of the premium payment security fund	674
with any other fund created by this chapter, but the premium	675
payment security fund is separate and distinct for every other	676
purpose and a strict accounting thereof shall be maintained.	677

(E) The administrator may grant discounts on premium rates	678
for employers who meet either of the following requirements:	679

(1) Have not incurred a compensable injury for one year or	680
more and who maintain an employee safety committee or similar	681
organization or make periodic safety inspections of the workplace.	682

(2) Successfully complete a loss prevention program	683
prescribed by the superintendent of the division of safety and	684
hygiene and conducted by the division or by any other person	685
approved by the superintendent.	686

(F)(1) In determining the premium rates for the construction	687
industry the administrator shall calculate the employers' premiums	688
based upon the actual remuneration construction industry employees	689
receive from construction industry employers, provided that the	690
amount of remuneration the administrator uses in calculating the	691
premiums shall not exceed an average weekly wage equal to one	692
hundred fifty per cent of the statewide average weekly wage as	693
defined in division (C) of section 4123.62 of the Revised Code.	694

(2) Division (F)(1) of this section shall not be construed as	695
affecting the manner in which benefits to a claimant are awarded	696
under this chapter.	697

(3) As used in division (F) of this section, "construction	698
industry" includes any activity performed in connection with the	699
erection, alteration, repair, replacement, renovation,	700
installation, or demolition of any building, structure, highway,	701
or bridge.	702

Sec. 4123.51.  The administrator of workers' compensation	703
shall by published notices and other appropriate means endeavor to	704
cause claims to be filed in the service office of the bureau of	705
workers' compensation from which the investigation and	706
determination of the claim may be made most expeditiously. A	707
claim or appeal under this chapter or Chapter 4121., 4127., or	708
4131. of the Revised Code may be filed with any office of the	709
bureau of workers' compensation or the industrial commission,	710
within the required statutory period, and is considered received	711
for the purpose of processing the claims or appeals.	712

The administrator, on the form an employee or an individual	713
acting on behalf of the employee files with the administrator or a	714
self-insuring employer to initiate a claim under this chapter or	715
Chapter 4121., 4127., or 4131. of the Revised Code, shall include	716
a statement that is substantially similar to the following	717
statement in bold font and set apart from all other text in the	718
form:	719

"By signing this form, I elect to only receive compensation,	720
benefits, or both that are provided for in this claim under Ohio's	721
workers' compensation laws. I understand and I hereby waive and	722
release my right to receive compensation and benefits under the	723
workers' compensation laws of another state for the injury or	724
occupational disease, or the death resulting from an injury or	725
occupational disease, for which I am filing this claim. I have	726
not received compensation and benefits under the workers'	727
compensation laws of another state for this claim, and I will not	728
file and have not filed a claim in another state for the injury	729
or occupational disease or death resulting from an injury or	730
occupational disease for which I am filing this claim."	731

Sec. 4123.54.  (A) Every employee, who is injured or who	732
contracts an occupational disease, and the dependents of each	733
employee who is killed, or dies as the result of an occupational	734
disease contracted in the course of employment, wherever such	735
injury has occurred or occupational disease has been contracted,	736
provided the same were not:	737

(1) Purposely self-inflicted; or

738

(2) Caused by the employee being intoxicated or under the	739
influence of a controlled substance not prescribed by a physician	740
where the intoxication or being under the influence of the	741
controlled substance not prescribed by a physician was the	742
proximate cause of the injury, is entitled to receive, either	743
directly from the employee's self-insuring employer as provided in	744
section 4123.35 of the Revised Code, or from the state insurance	745
fund, the compensation for loss sustained on account of the	746
injury, occupational disease, or death, and the medical, nurse,	747
and hospital services and medicines, and the amount of funeral	748
expenses in case of death, as are provided by this chapter.	749

(B) For the purpose of this section, provided that an	750
employer has posted written notice to employees that the results	751
of, or the employee's refusal to submit to, any chemical test	752
described under this division may affect the employee's	753
eligibility for compensation and benefits pursuant to this chapter	754
and Chapter 4121. of the Revised Code, there is a rebuttable	755
presumption that an employee is intoxicated or under the influence	756
of a controlled substance not prescribed by the employee's	757
physician and that being intoxicated or under the influence of a	758
controlled substance not prescribed by the employee's physician is	759
the proximate cause of an injury under either of the following	760
conditions:	761

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

762

(a) The employee, through a qualifying chemical test	763
administered within eight hours of an injury, is determined to	764
have an alcohol concentration level equal to or in excess of the	765
levels established in divisions (A)(1)(b) to (i) of section	766
4511.19 of the Revised Code;	767

(b) The employee, through a qualifying chemical test	768
administered within thirty-two hours of an injury, is determined	769
to have one of the following controlled substances not prescribed	770
by the employee's physician in the employee's system that tests	771
above the following levels in an enzyme multiplied immunoassay	772
technique screening test and above the levels established in	773
division (B)(1)(c) of this section in a gas chromatography mass	774
spectrometry test:	775

(i) For amphetamines, one thousand nanograms per milliliter	776
of urine;	777

(ii) For cannabinoids, fifty nanograms per milliliter of	778
urine;	779

(iii) For cocaine, including crack cocaine, three hundred	780
nanograms per milliliter of urine;	781

(iv) For opiates, two thousand nanograms per milliliter of	782
urine;	783

(v) For phencyclidine, twenty-five nanograms per milliliter	784
of urine.	785

(c) The employee, through a qualifying chemical test	786
administered within thirty-two hours of an injury, is determined	787
to have one of the following controlled substances not prescribed	788
by the employee's physician in the employee's system that tests	789
above the following levels by a gas chromatography mass	790
spectrometry test:	791

(i) For amphetamines, five hundred nanograms per milliliter	792
of urine;	793

(ii) For cannabinoids, fifteen nanograms per milliliter of	794
urine;	795

(iii) For cocaine, including crack cocaine, one hundred fifty	796
nanograms per milliliter of urine;	797

(iv) For opiates, two thousand nanograms per milliliter of	798
urine;	799

(v) For phencyclidine, twenty-five nanograms per milliliter	800
of urine.	801

(d) The employee, through a qualifying chemical test	802
administered within thirty-two hours of an injury, is determined	803
to have barbiturates, benzodiazepines, methadone, or propoxyphene	804
in the employee's system that tests above levels established by	805
laboratories certified by the United States department of health	806
and human services.	807

(2) When the employee refuses to submit to a requested	808
chemical test, on the condition that that employee is or was given	809
notice that the refusal to submit to any chemical test described	810
in division (B)(1) of this section may affect the employee's	811
eligibility for compensation and benefits under this chapter and	812
Chapter 4121. of the Revised Code.	813

(C)(1) For purposes of division (B) of this section, a	814
chemical test is a qualifying chemical test if it is administered	815
to an employee after an injury under at least one of the following	816
conditions:	817

(a) When the employee's employer had reasonable cause to	818
suspect that the employee may be intoxicated or under the	819
influence of a controlled substance not prescribed by the	820
employee's physician;	821

(b) At the request of a police officer pursuant to section	822
4511.191 of the Revised Code, and not at the request of the	823
employee's employer;	824

(c) At the request of a licensed physician who is not	825
employed by the employee's employer, and not at the request of the	826
employee's employer.	827

(2) As used in division (C)(1)(a) of this section,	828
"reasonable cause" means, but is not limited to, evidence that an	829
employee is or was using alcohol or a controlled substance drawn	830
from specific, objective facts and reasonable inferences drawn	831
from these facts in light of experience and training. These facts	832
and inferences may be based on, but are not limited to, any of the	833
following:	834

(a) Observable phenomena, such as direct observation of use,	835
possession, or distribution of alcohol or a controlled substance,	836
or of the physical symptoms of being under the influence of	837
alcohol or a controlled substance, such as but not limited to	838
slurred speech, dilated pupils, odor of alcohol or a controlled	839
substance, changes in affect, or dynamic mood swings;	840

(b) A pattern of abnormal conduct, erratic or aberrant	841
behavior, or deteriorating work performance such as frequent	842
absenteeism, excessive tardiness, or recurrent accidents, that	843
appears to be related to the use of alcohol or a controlled	844
substance, and does not appear to be attributable to other	845
factors;	846

(c) The identification of an employee as the focus of a	847
criminal investigation into unauthorized possession, use, or	848
trafficking of a controlled substance;	849

(d) A report of use of alcohol or a controlled substance	850
provided by a reliable and credible source;	851

(e) Repeated or flagrant violations of the safety or work	852
rules of the employee's employer, that are determined by the	853
employee's supervisor to pose a substantial risk of physical	854
injury or property damage and that appear to be related to the use	855
of alcohol or a controlled substance and that do not appear	856
attributable to other factors.	857

(D) Nothing in this section shall be construed to affect the	858
rights of an employer to test employees for alcohol or controlled	859
substance abuse.	860

(E) For the purpose of this section, laboratories certified	861
by the United States department of health and human services or	862
laboratories that meet or exceed the standards of that department	863
for laboratory certification shall be used for processing the test	864
results of a qualifying chemical test.	865

(F) The written notice required by division (B) of this	866
section shall be the same size or larger then the certificate of	867
premium payment notice furnished by the bureau of workers'	868
compensation and shall be posted by the employer in the same	869
location as the certificate of premium payment notice or the	870
certificate of self-insurance.	871

(G) If a condition that pre-existed an injury is	872
substantially aggravated by the injury, and that substantial	873
aggravation is documented by objective diagnostic findings,	874
objective clinical findings, or objective test results, no	875
compensation or benefits are payable because of the pre-existing	876
condition once that condition has returned to a level that would	877
have existed without the injury.	878

(H)(1) Whenever, with respect to an employee of an employer	879
who is subject to and has complied with this chapter, there is	880
possibility of conflict with respect to the application of	881
workers' compensation laws because the contract of employment is	882
entered into and all or some portion of the work is or is to be	883
performed in a state or states other than Ohio, the employer and	884
the employee may agree to be bound by the laws of this state or by	885
the laws of some other state in which all or some portion of the	886
work of the employee is to be performed. The agreement shall be in	887
writing and shall be filed with the bureau of workers'	888
compensation within ten days after it is executed and shall remain	889
in force until terminated or modified by agreement of the parties	890
similarly filed. If the agreement is to be bound by the laws of	891
this state and the employer has complied with this chapter, then	892
the employee is entitled to compensation and benefits regardless	893
of where the injury occurs or the disease is contracted and the	894
rights of the employee and the employee's dependents under the	895
laws of this state are the exclusive remedy against the employer	896
on account of injury, disease, or death in the course of and	897
arising out of the employee's employment. If the agreement is to	898
be bound by the laws of another state and the employer has	899
complied with the laws of that state, the rights of the employee	900
and the employee's dependents under the laws of that state are the	901
exclusive remedy against the employer on account of injury,	902
disease, or death in the course of and arising out of the	903
employee's employment without regard to the place where the injury	904
was sustained or the disease contracted. If an employer and an	905
employee enter into an agreement under this division, the fact	906
that the employer and the employee entered into that agreement	907
shall not be construed to change the status of an employee whose	908
continued employment is subject to the will of the employer or the	909
employee, unless the agreement contains a provision that expressly	910
changes that status.	911

(2) If any employee or the employee's dependents are awarded	912
pursue workers' compensation benefits or recover damages from the	913
employer under the laws of another state, the amount awarded or	914
recovered, whether paid or to be paid in future installments,	915
shall be credited on the amount of any award of compensation or	916
benefits made to the employee or the employee's dependents by the	917
bureau. If an employee or the employee's dependents pursue or	918
receive an award of compensation or benefits under this chapter or	919
Chapter 4121., 4127., or 4131. of the Revised Code for the same	920
injury, occupational disease, or death for which the employee or	921
the employee's dependents pursued workers' compensation benefits	922
and received a decision on the merits as defined in section	923
4123.542 of the Revised Code under the laws of another state or	924
recovered damages under the laws of another state, the	925
administrator or any employer, by any lawful means, may collect	926
the amount of compensation or benefits paid to or on behalf of	927
the employee or the employee's dependents by the administrator or	928
a self-insuring employer pursuant to this chapter or Chapter	929
4121., 4127., or 4131. of the Revised Code for that award. The	930
administrator or any employer also may collect from the employee	931
or the employee's dependents any costs and attorney's fees the	932
administrator or the employer incurs in collecting that payment	933
and any attorney's fees, penalties, interest, awards, and costs	934
incurred by an employer in contesting or responding to any claim	935
filed by the employee or the employee's dependents for the same	936
injury, occupational disease, or death that was filed after the	937
original claim for which the employee or the employee's dependents	938
received a decision on the merits as described in section 4123.542	939
of the Revised Code. If the employee's employer pays premiums	940
into the state insurance fund, the administrator shall not	941
charge the amount of compensation or benefits the administrator	942
collects pursuant to this division to the employer's	943
experience. If the administrator collects any costs, penalties,	944
interest, awards, or attorney's fees incurred by a state fund	945
employer, the administrator shall forward the amount of such	946
costs, penalties, interest, awards, and attorney's fees the	947
administrator collects to that employer. If the employee's	948
employer is a self-insuring employer, the self-insuring	949
employer shall deduct the amount of compensation or benefits	950
the self-insuring employer collects pursuant to this division	951
from the paid compensation the self-insuring employer reports	952
to the administrator under division (L) of section 4123.35 of	953
the Revised Code.	954

If(3) Except as otherwise stipulated in division (H)(4) of	955
this section, if an employee is a resident of a state other than	956
this state and is insured under the workers' compensation law or	957
similar laws of a state other than this state, the employee and	958
the employee's dependents are not entitled to receive compensation	959
or benefits under this chapter, on account of injury, disease, or	960
death arising out of or in the course of employment while	961
temporarily within this state, and the rights of the employee and	962
the employee's dependents under the laws of the other state are	963
the exclusive remedy against the employer on account of the	964
injury, disease, or death.	965

(4) Division (H)(3) of this section does not apply to an	966
employee described in that division, or the employee's dependents,	967
unless both of the following apply:	968

(a) The laws of the other state limit the ability of an	969
employee who is a resident of this state and is covered by this	970
chapter and Chapter 4123. of the Revised Code, or the employee's	971
dependents, to receive compensation or benefits under the other	972
state's workers' compensation law on account of injury, disease,	973
or death incurred by the employee that arises out of or in the	974
course of the employee's employment while temporarily within that	975
state in the same manner as specified in division (H)(3) of this	976
section for an employee who is a resident of a state other than	977
this state, or the employee's dependents;	978

(b) The laws of the other state limit the liability of the	979
employer of the employee who is a resident of this state and who	980
is described in division (H)(4)(a) of this section for that	981
injury, disease, or death, in the same manner specified in	982
division (H)(3) of this section for the employer of an employee	983
who is a resident of the other state.	984

(5) An employee, or the dependent of an employee, who elects	985
to receive compensation and benefits under this chapter or Chapter	986
4121., 4127., or 4131. of the Revised Code for a claim may not	987
receive compensation and benefits under the workers' compensation	988
laws of any state other than this state for that same claim. For	989
each claim submitted by or on behalf of an employee, the	990
administrator or, if the employee is employed by a self-insuring	991
employer, the self-insuring employer shall request the employee or	992
the employee's dependent to sign an election that affirms the	993
employee's or employee's dependent's acceptance of electing to	994
receive compensation and benefits under this chapter or Chapter	995
4121., 4127., or 4131. of the Revised Code for that claim that	996
also affirmatively waives and releases the employee's or the	997
employee's dependent's right to file for and receive compensation	998
and benefits under the laws of any state other than this state	999
for that claim. The employee or employee's dependent shall sign	1000
the election form within twenty-eight days after the	1001
administrator or self-insuring employer submits the request or	1002
the administrator or self-insuring employer shall suspend that	1003
claim until the administrator or self-insuring employer receives	1004
the signed election form.	1005

(I) Compensation or benefits are not payable to a claimant	1006
during the period of confinement of the claimant in any state or	1007
federal correctional institution, or in any county jail in lieu of	1008
incarceration in a state or federal correctional institution,	1009
whether in this or any other state for conviction of violation of	1010
any state or federal criminal law.	1011

Sec. 4123.542. An employee or the dependents of an employee	1012
who receive a decision on the merits of a claim for compensation	1013
or benefits under this chapter or Chapter 4121., 4127., or 4131.	1014
of the Revised Code shall not file a claim for the same injury,	1015
occupational disease, or death in another state under the	1016
workers' compensation laws of that state. An employee or the	1017
employee's dependents who receive a decision on the merits of a	1018
claim for compensation or benefits under the workers'	1019
compensation laws of another state shall not file a claim for	1020
compensation and benefits under this chapter or Chapter 4121.,	1021
4127., or 4131. of the Revised Code for the same injury,	1022
occupational disease, or death.	1023

As used in this section, "a decision on the merits" means a	1024
decision determined or adjudicated for compensability of a claim	1025
and not on jurisdictional grounds.	1026

Sec. 4123.82.  (A) All contracts and agreements are void	1027
which undertake to indemnify or insure an employer against loss or	1028
liability for the payment of compensation to workers or their	1029
dependents for death, injury, or occupational disease occasioned	1030
in the course of the workers' employment, or which provide that	1031
the insurer shall pay the compensation, or which indemnify the	1032
employer against damages when the injury, disease, or death arises	1033
from the failure to comply with any lawful requirement for the	1034
protection of the lives, health, and safety of employees, or when	1035
the same is occasioned by the willful act of the employer or any	1036
of the employer's officers or agents, or by which it is agreed	1037
that the insurer shall pay any such damages. No license or	1038
authority to enter into any such agreements or issue any such	1039
policies of insurance shall be granted or issued by any public	1040
authority in this state. Any corporation organized or admitted	1041
under the laws of this state to transact liability insurance as	1042
defined in section 3929.01 of the Revised Code may by amendment of	1043
its articles of incorporation or by original articles of	1044
incorporation, provide therein for the authority and purpose to	1045
make insurance in states, territories, districts, and counties,	1046
other than the state of Ohio, and in the state of Ohio in respect	1047
of contracts permitted by division (B) of this section,	1048
indemnifying employers against loss or liability for payment of	1049
compensation to workers and employees and their dependents for	1050
death, injury, or occupational disease occasioned in the course of	1051
the employment and to insure and indemnify employers against loss,	1052
expense, and liability by risk of bodily injury or death by	1053
accident, disability, sickness, or disease suffered by workers and	1054
employees for which the employer may be liable or has assumed	1055
liability.	1056

(B) Notwithstanding division (A) of this section:

1057

(1) No contract because of that division is void which	1058
undertakes to indemnify a self-insuring employer against all or	1059
part of such employer's loss in excess of at least fifty thousand	1060
dollars from any one disaster or event arising out of the	1061
employer's liability under this chapter, but no insurance	1062
corporation shall, directly or indirectly, represent an employer	1063
in the settlement, adjudication, determination, allowance, or	1064
payment of claims. The superintendent of insurance shall enforce	1065
this prohibition by such disciplinary orders directed against the	1066
offending insurance corporation as the superintendent of insurance	1067
deems appropriate in the circumstances and the administrator of	1068
workers' compensation shall enforce this prohibition by such	1069
disciplinary orders directed against the offending employer as the	1070
administrator deems appropriate in the circumstances, which orders	1071
may include revocation of the insurance corporation's right to	1072
enter into indemnity contracts and revocation of the employer's	1073
status as a self-insuring employer.	1074

(2) The administrator may enter into a contract of indemnity	1075
with any such employer upon such terms, payment of such premium,	1076
and for such amount and form of indemnity as the administrator	1077
determines and the bureau of workers' compensation board of	1078
directors may procure reinsurance of the liability of the public	1079
and private funds under this chapter, or any part of the liability	1080
in respect of either or both of the funds, upon such terms and	1081
premiums or other payments from the fund or funds as the	1082
administrator deems prudent in the maintenance of a solvent fund	1083
or funds from year to year. When making the finding of fact which	1084
the administrator is required by section 4123.35 of the Revised	1085
Code to make with respect to the financial ability of an employer,	1086
no contract of indemnity, or the ability of the employer to	1087
procure such a contract, shall be considered as increasing the	1088
financial ability of the employer.	1089

(C) Nothing in this section shall be construed to prohibit	1090
the administrator or an other-states' insurer from providing to	1091
employers in this state other-states' coverage in accordance with	1092
section 4123.292 of the Revised Code.	1093

Sec. 4123.88.  (A) No person shall orally or in writing,	1094
directly or indirectly, or through any agent or other person	1095
fraudulently hold the person's self out or represent the person's	1096
self or any of the person's partners or associates as authorized	1097
by a claimant or employer to take charge of, or represent the	1098
claimant or employer in respect of, any claim or matter in	1099
connection therewith before the bureau of workers' compensation or	1100
the industrial commission or its district or staff hearing	1101
officers. No person shall directly or indirectly solicit	1102
authority, or pay or give anything of value to another person to	1103
solicit authority, or accept or receive pay or anything of value	1104
from another person for soliciting authority, from a claimant or	1105
employer to take charge of, or represent the claimant or employer	1106
in respect of, any claim or appeal which is or may be filed with	1107
the bureau or commission. No person shall, without prior authority	1108
from the bureau, a member of the commission, the claimant, or the	1109
employer, examine or directly or indirectly cause or employ	1110
another person to examine any claim file or any other file	1111
pertaining thereto. No person shall forge an authorization for the	1112
purpose of examining or cause another person to examine any such	1113
file. No district or staff hearing officer or other employee of	1114
the bureau or commission, notwithstanding the provisions of	1115
section 4123.27 of the Revised Code, shall divulge any information	1116
in respect of any claim or appeal which is or may be filed with a	1117
district or staff hearing officer, the bureau, or commission to	1118
any person other than members of the commission or to the superior	1119
of the employee except upon authorization of the administrator of	1120
workers' compensation or a member of the commission or upon	1121
authorization of the claimant or employer.	1122

(B) The records described or referred to in division (A) of	1123
this section are not public records as defined in division (A)(1)	1124
of section 149.43 of the Revised Code. Any information directly or	1125
indirectly identifying the address or telephone number of a	1126
claimant, regardless of whether the claimant's claim is active or	1127
closed, is not a public record. No person shall solicit or obtain	1128
any such information from any such employee without first having	1129
obtained an authorization therefor as provided in this section.	1130

(C) Except as otherwise specified in division (D) of this	1131
section, information kept by the commission or the bureau pursuant	1132
to this section is for the exclusive use and information of the	1133
commission and the bureau in the discharge of their official	1134
duties, and shall not be open to the public nor be used in any	1135
court in any action or proceeding pending therein, unless the	1136
commission or the bureau is a party to the action or proceeding.	1137
The information, however, may be tabulated and published by the	1138
commission or the bureau in statistical form for the use and	1139
information of other state agencies and the public.	1140

(D)(1) Upon receiving a written request made and signed by an	1141
individual whose primary occupation is as a journalist, the	1142
commission or the bureau shall disclose to the journalist	1143
individual the address or addresses and telephone number or	1144
numbers of claimants, regardless of whether their claims are	1145
active or closed, and the dependents of those claimants.	1146

(2) A journalistAn individual described in division (D)(1)	1147
of this section is permitted to request the information described	1148
in that division (D)(1) of this section for multiple workers or	1149
dependents in one written request.	1150

(3) A journalistAn individual described in division (D)(1)	1151
of this section shall include all of the following in the written	1152
request:	1153

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

1154

(b) The name and title of the journalist'sindividual's	1155
employer;	1156

(c) A statement that the disclosure of the information sought	1157
is in the public interest.	1158

(4) Neither the commission nor the bureau may inquire as to	1159
the specific public interest served by the disclosure of	1160
information requested by a journalistan individual under division	1161
(D) of this section.	1162

(E) As used in this section, "journalist" has the same	1163
meaning as in division (B)(9) of section 149.43 of the Revised	1164
Code.	1165

Section 2. That existing sections 4123.01, 4123.26, 4123.29,	1166
4123.34, 4123.51, 4123.54, 4123.82, and 4123.88 of the Revised	1167
Code are hereby repealed.	1168

Section 3. This act applies to all claims pursuant to	1169
Chapters 4121., 4123., 4127., and 4131. of the Revised Code	1170
arising on and after the effective date of this act.	1171

Section 4. In the case of any institution of higher education	1172
that has sustained claims arising from deaths and injuries of a	1173
catastrophic nature arising from a motor vehicle accident	1174
occurring outside of this state, the Administrator of Workers'	1175
Compensation shall suspend the imposition of any premium increase	1176
or any change in the experience of such an institution of higher	1177
education until after the conclusion of any subrogation claims	1178
that are brought by the Administrator in relation to those deaths	1179
and injuries.	1180

Section 5. Notwithstanding division (A) of section 4121.78 of	1181
the Revised Code, any legislation proposing to make changes to	1182
Chapters 4121., 4123., 4125., 4127., and 4131. of the Revised Code	1183
that is enacted by the General Assembly on or before June 30,	1184
2008, shall not be subject to the requirement of the Workers'	1185
Compensation Council to study all changes to those chapters and to	1186
report to the General Assembly on their probable costs, actuarial	1187
implications, and desirability as a matter of public policy.	1188