(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 |
(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 |
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 |
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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
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 |
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 |
(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 |
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 |
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 |
"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 |
(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 |
(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 |
(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 |
(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 |
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 |
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 |
(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 |
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 |
(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 |
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 |