Sub. S. B. No. 334 As Reported by the Senate Insurance, Commerce and Labor Committee

As Reported by the Senate Insurance, Commerce and Labor Committee

127th General Assembly

Regular Session

2007-2008

Sub. S. B. No. 334

Senator Faber

Cosponsors: Senators Seitz, Spada, Coughlin, Mumper, Schaffer, Amstutz, Stivers

A BILL

To amend sections 4123.01, 4123.26, 4123.29, 4123.51,

4123.54, 4123.82, and 4123.88 and to enact

sections 4123.292 and 4123.542 to prohibit an

employee from filing a claim for workers'

compensation benefits in this state if the

employee has received a decision on the merits

of a claim filed in another state for the same

injury or occupational disease, to allow an Ohio

employer to obtain workers' compensation

insurance for claims arising in other states

through the Administrator of Workers'

Compensation, if the Administrator elects to

provide such insurance, or an insurance company,

to make other changes to the Workers'

Compensation Law regarding interstate workers'

compensation claims, and to allow an individual

whose primary occupation is as a journalist to

access specified worker's compensation records.

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

Section 1. That sections 4123.01, 4123.26, 4123.29, 4123.51,	19
4123.54, 4123.82, 4123.88 be amended and sections 4123.292 and	20
4123.542 of the Revised Code be enacted to read as follows:	21

Sec. 4123.01. As used in this chapter:

(A)(1) "Employee" means:

(a) Every person in the service of the state, or of any	24
county, municipal corporation, township, or school district	25
therein, including regular members of lawfully constituted police	26
and fire departments of municipal corporations and townships,	27
whether paid or volunteer, and wherever serving within the state	28
or on temporary assignment outside thereof, and executive officers	29
of boards of education, under any appointment or contract of hire,	30
express or implied, oral or written, including any elected	31
official of the state, or of any county, municipal corporation, or	32
township, or members of boards of education.	33

As used in division (A)(1)(a) of this section, the term	34
"employee" includes the following persons when responding to an	35
inherently dangerous situation that calls for an immediate	36
response on the part of the person, regardless of whether the	37
person is within the limits of the jurisdiction of the person's	38
regular employment or voluntary service when responding, on the	39
condition that the person responds to the situation as the person	40
otherwise would if the person were on duty in the person's	41
jurisdiction:	42

(i) Off-duty peace officers. As used in division (A)(1)(a)(i)	43
of this section, "peace officer" has the same meaning as in	44
section 2935.01 of the Revised Code.	45

(ii) Off-duty firefighters, whether paid or volunteer, of a	46
lawfully constituted fire department.	47

(iii) Off-duty first responders, emergency medical	48
technicians-basic, emergency medical technicians-intermediate, or	49
emergency medical technicians-paramedic, whether paid or	50
volunteer, of an ambulance service organization or emergency	51
medical service organization pursuant to Chapter 4765. of the	52
Revised Code.	53

(b) Every person in the service of any person, firm, or	54
private corporation, including any public service corporation,	55
that (i) employs one or more persons regularly in the same	56
business or in or about the same establishment under any contract	57
of hire, express or implied, oral or written, including aliens and	58
minors, household workers who earn one hundred sixty dollars or	59
more in cash in any calendar quarter from a single household and	60
casual workers who earn one hundred sixty dollars or more in cash	61
in any calendar quarter from a single employer, or (ii) is bound	62
by any such contract of hire or by any other written contract, to	63
pay into the state insurance fund the premiums provided by this	64
chapter.	65

(c) Every person who performs labor or provides services	66
pursuant to a construction contract, as defined in section 4123.79	67
of the Revised Code, if at least ten of the following criteria	68
apply:	69

(i) The person is required to comply with instructions from	70
the other contracting party regarding the manner or method of	71
performing services;	72

(ii) The person is required by the other contracting party to	73
have particular training;	74

(iii) The person's services are integrated into the regular	75
functioning of the other contracting party;	76

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

(v) The person is hired, supervised, or paid by the other	78
contracting party;	79

(vi) A continuing relationship exists between the person and	80
the other contracting party that contemplates continuing or	81
recurring work even if the work is not full time;	82

(vii) The person's hours of work are established by the other	83
contracting party;	84

(viii) The person is required to devote full time to the	85
business of the other contracting party;	86

(ix) The person is required to perform the work on the	87
premises of the other contracting party;	88

(x) The person is required to follow the order of work set by	89
the other contracting party;	90

(xi) The person is required to make oral or written reports	91
of progress to the other contracting party;	92

(xii) The person is paid for services on a regular basis such	93
as hourly, weekly, or monthly;	94

(xiii) The person's expenses are paid for by the other	95
contracting party;	96

(xiv) The person's tools and materials are furnished by the	97
other contracting party;	98

(xv) The person is provided with the facilities used to	99
perform services;	100

(xvi) The person does not realize a profit or suffer a loss	101
as a result of the services provided;	102

(xvii) The person is not performing services for a number of	103
employers at the same time;	104

(xviii) The person does not make the same services available	105
to the general public;	106

(xix) The other contracting party has a right to discharge	107
the person;	108

(xx) The person has the right to end the relationship with	109
the other contracting party without incurring liability pursuant	110
to an employment contract or agreement.	111

Every person in the service of any independent contractor or	112
subcontractor who has failed to pay into the state insurance fund	113
the amount of premium determined and fixed by the administrator of	114
workers' compensation for the person's employment or occupation or	115
if a self-insuring employer has failed to pay compensation and	116
benefits directly to the employer's injured and to the dependents	117
of the employer's killed employees as required by section 4123.35	118
of the Revised Code, shall be considered as the employee of the	119
person who has entered into a contract, whether written or verbal,	120
with such independent contractor unless such employees or their	121
legal representatives or beneficiaries elect, after injury or	122
death, to regard such independent contractor as the employer.	123

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

124

(i) The person is a resident of a state other than this state	125
and is covered by that other state's workers' compensation law;	126

(ii) The person performs labor or provides services for that	127
person's employer while temporarily within this state;	128

(iii) The laws of that other state do not include the	129
provisions described in division (H)(4) of section 4123.54 of the	130
Revised Code.	131

(2) "Employee" does not mean:

132

(a) A duly ordained, commissioned, or licensed minister or	133
assistant or associate minister of a church in the exercise of	134
ministry;	135

(b) Any officer of a family farm corporation;

136

137

(d) An individual who otherwise is an employee of an employer	138
but who signs the waiver and affidavit specified in section	139
4123.15 of the Revised Code on the condition that the	140
administrator has granted a waiver and exception to the	141
individual's employer under section 4123.15 of the Revised Code.	142

Any employer may elect to include as an "employee" within	143
this chapter, any person excluded from the definition of	144
"employee" pursuant to division (A)(2) of this section. If an	145
employer is a partnership, sole proprietorship, individual	146
incorporated as a corporation, or family farm corporation, such	147
employer may elect to include as an "employee" within this	148
chapter, any member of such partnership, the owner of the sole	149
proprietorship, the individual incorporated as a corporation, or	150
the officers of the family farm corporation. In the event of an	151
election, the employer shall serve upon the bureau of workers'	152
compensation written notice naming the persons to be covered,	153
include such employee's remuneration for premium purposes in all	154
future payroll reports, and no person excluded from the definition	155
of "employee" pursuant to division (A)(2) of this section,	156
proprietor, individual incorporated as a corporation, or partner	157
shall be deemed an employee within this division until the	158
employer has served such notice.	159

For informational purposes only, the bureau shall prescribe	160
such language as it considers appropriate, on such of its forms as	161
it considers appropriate, to advise employers of their right to	162
elect to include as an "employee" within this chapter a sole	163
proprietor, any member of a partnership, an individual	164
incorporated as a corporation, the officers of a family farm	165
corporation, or a person excluded from the definition of	166
"employee" under division (A)(2) of this section, that they should	167
check any health and disability insurance policy, or other form of	168
health and disability plan or contract, presently covering them,	169
or the purchase of which they may be considering, to determine	170
whether such policy, plan, or contract excludes benefits for	171
illness or injury that they might have elected to have covered by	172
workers' compensation.	173

(B) "Employer" means:

174

(1) The state, including state hospitals, each county,	175
municipal corporation, township, school district, and hospital	176
owned by a political subdivision or subdivisions other than the	177
state;	178

(2) Every person, firm, professional employer organization as	179
defined in section 4125.01 of the Revised Code, and private	180
corporation, including any public service corporation, that (a)	181
has in service one or more employees or shared employees regularly	182
in the same business or in or about the same establishment under	183
any contract of hire, express or implied, oral or written, or (b)	184
is bound by any such contract of hire or by any other written	185
contract, to pay into the insurance fund the premiums provided by	186
this chapter.	187

All such employers are subject to this chapter. Any member of	188
a firm or association, who regularly performs manual labor in or	189
about a mine, factory, or other establishment, including a	190
household establishment, shall be considered an employee in	191
determining whether such person, firm, or private corporation, or	192
public service corporation, has in its service, one or more	193
employees and the employer shall report the income derived from	194
such labor to the bureau as part of the payroll of such employer,	195
and such member shall thereupon be entitled to all the benefits of	196
an employee.	197

(C) "Injury" includes any injury, whether caused by external	198
accidental means or accidental in character and result, received	199
in the course of, and arising out of, the injured employee's	200
employment. "Injury" does not include:	201

(1) Psychiatric conditions except where the claimant's	202
psychiatric conditions have arisen from an injury or occupational	203
disease sustained by that claimant or where the claimant's	204
psychiatric conditions have arisen from sexual conduct in which	205
the claimant was forced by threat of physical harm to engage or	206
participate;	207

(2) Injury or disability caused primarily by the natural	208
deterioration of tissue, an organ, or part of the body;	209

(3) Injury or disability incurred in voluntary participation	210
in an employer-sponsored recreation or fitness activity if the	211
employee signs a waiver of the employee's right to compensation or	212
benefits under this chapter prior to engaging in the recreation or	213
fitness activity;	214

(4) A condition that pre-existed an injury unless that	215
pre-existing condition is substantially aggravated by the injury.	216
Such a substantial aggravation must be documented by objective	217
diagnostic findings, objective clinical findings, or objective	218
test results. Subjective complaints may be evidence of such a	219
substantial aggravation. However, subjective complaints without	220
objective diagnostic findings, objective clinical findings, or	221
objective test results are insufficient to substantiate a	222
substantial aggravation.	223

(D) "Child" includes a posthumous child and a child legally	224
adopted prior to the injury.	225

(E) "Family farm corporation" means a corporation founded for	226
the purpose of farming agricultural land in which the majority of	227
the voting stock is held by and the majority of the stockholders	228
are persons or the spouse of persons related to each other within	229
the fourth degree of kinship, according to the rules of the civil	230
law, and at least one of the related persons is residing on or	231
actively operating the farm, and none of whose stockholders are a	232
corporation. A family farm corporation does not cease to qualify	233
under this division where, by reason of any devise, bequest, or	234
the operation of the laws of descent or distribution, the	235
ownership of shares of voting stock is transferred to another	236
person, as long as that person is within the degree of kinship	237
stipulated in this division.	238

(F) "Occupational disease" means a disease contracted in the	239
course of employment, which by its causes and the characteristics	240
of its manifestation or the condition of the employment results in	241
a hazard which distinguishes the employment in character from	242
employment generally, and the employment creates a risk of	243
contracting the disease in greater degree and in a different	244
manner from the public in general.	245

(G) "Self-insuring employer" means an employer who is granted	246
the privilege of paying compensation and benefits directly under	247
section 4123.35 of the Revised Code, including a board of county	248
commissioners for the sole purpose of constructing a sports	249
facility as defined in section 307.696 of the Revised Code,	250
provided that the electors of the county in which the sports	251
facility is to be built have approved construction of a sports	252
facility by ballot election no later than November 6, 1997.	253

(H) "Public employer" means an employer as defined in	254
division (B)(1) of this section.	255

(I) "Sexual conduct" means vaginal intercourse between a male	256
and female; anal intercourse, fellatio, and cunnilingus between	257
persons regardless of gender; and, without privilege to do so, the	258
insertion, however slight, of any part of the body or any	259
instrument, apparatus, or other object into the vaginal or anal	260
cavity of another. Penetration, however slight, is sufficient to	261
complete vaginal or anal intercourse.	262

(J) "Other-states' insurer" means an insurance company that	263
is authorized to provide workers' compensation insurance coverage	264
in any of the states that permit employers to obtain insurance	265
for workers' compensation claims through insurance companies.	266

(K) "Other-states' coverage" means insurance coverage	267
purchased by an employer for workers' compensation claims that	268
arise in a state or states other than this state and that are	269
filed by the employees of the employer or those employee's	270
dependents, as applicable, in that other state or those other	271
states.	272

Sec. 4123.26. Every employer shall keep records of, and	273
furnish to the bureau of workers' compensation upon request, all	274
information required by the administrator of workers' compensation	275
to carry out this chapter. In January of each year, every employer	276
of the state employing one or more employees regularly in the same	277
business, or in or about the same establishment, shall prepare and	278
mail to the bureau at its main office in Columbus a statement	279
containing the following information, as applicable:	280

(A) The number of employees employed during the preceding	281
year from the first day of January through the thirty-first day of	282
December;	283

(B) The number of such employees employed at each kind of	284
employment and the aggregate amount of wages paid to such	285
employees;	286

(C) If an employer elects to obtain other-states' coverage	287
pursuant to section 4123.292 of the Revised Code through either	288
the administrator, if the administrator elects to offer such	289
coverage, or an other-states' insurer for claims arising in a	290
state or states other than this state, all of the following	291
information:	292

(1) The amount of wages the employer paid to the employer's	293
employees for performing labor or providing services for the	294
employer in this state;	295

(2) The amount of wages the employer paid to the employer's	296
employees for performing labor or providing services for the	297
employer in a state or states other than this state.	298

The allocation of wages identified by the employer pursuant	299
to divisions (C)(1) and (2) of this section shall not be presumed	300
to be an indication of the law under which an employee is eligible	301
to receive compensation and benefits.	302

The information shall be furnished on a blank to be prepared	303
by the bureau. The bureau shall furnish the blanks to employers	304
free of charge upon request therefor. Every employer receiving	305
from the bureau any blank, with directions to fill out the same,	306
shall cause the same to be properly filled out so as to answer	307
fully and correctly all questions therein propounded, and give all	308
the information therein sought, or if unable to do so, hethe	309
employer shall give to the bureau in writing good and sufficient	310
reasons for such failure. The bureau may require that the	311
information required to be furnished be verified under oath and	312
returned to the bureau within the period fixed by it or by law.	313
The bureau or any person employed by the bureau for that purpose,	314
may examine, under oath, any employer, or the officer, agent, or	315
employee thereof, for the purpose of ascertaining any information	316
which the employer is required to furnish to the bureau.	317

No employer shall fail to furnish to the bureau the annual	318
statement required by this section, nor shall any employer fail to	319
keep records of or furnish such other information as may be	320
required by the bureau under this section.	321

Whoever violates this section shall forfeit five hundred	322
dollars, to be collected in a civil action brought against the	323
employer in the name of the state, to be paid into the state	324
insurance fund and become a part thereof.	325

Sec. 4123.29. (A) The administrator of workers'	326
compensation, subject to the approval of the bureau of workers'	327
compensation board of directors, shall do all of the following:	328

(1) Classify occupations or industries with respect to their	329
degree of hazard and determine the risks of the different classes	330
according to the categories the national council on compensation	331
insurance establishes that are applicable to employers in this	332
state;	333

(2)(a) Fix the rates of premium of the risks of the classes	334
based upon the total payroll in each of the classes of occupation	335
or industry sufficiently large to provide a fund for the	336
compensation provided for in this chapter and to maintain a state	337
insurance fund from year to year. The administrator shall set the	338
rates at a level that assures the solvency of the fund. Where the	339
payroll cannot be obtained or, in the opinion of the	340
administrator, is not an adequate measure for determining the	341
premium to be paid for the degree of hazard, the administrator	342
may determine the rates of premium upon such other basis,	343
consistent with insurance principles, as is equitable in view of	344
the degree of hazard, and whenever in this chapter reference is	345
made to payroll or expenditure of wages with reference to fixing	346
premiums, the reference shall be construed to have been made also	347
to such other basis for fixing the rates of premium as the	348
administrator may determine under this section.	349

(b) If an employer elects to obtain other-states' coverage	350
pursuant to section 4123.292 of the Revised Code through either	351
the administrator, if the administrator elects to offer such	352
coverage, or an other-states' insurer, calculate the employer's	353
premium for the state insurance fund in the same manner as	354
otherwise required under division (A) of this section and section	355
4123.34 of the Revised Code, except that when the administrator	356
determines the expenditure of wages, payroll, or both upon which	357
to base the employer's premium, the administrator shall use only	358
the expenditure of wages, payroll, or both attributable to the	359
labor performed and services provided by that employer's employees	360
when those employees performed labor and provided services in this	361
state only and to which the other-states' coverage does not	362
apply.	363

(c) The administrator in setting or revising rates shall	364
furnish to employers an adequate explanation of the basis for the	365
rates set.	366

(3) Develop and make available to employers who are paying	367
premiums to the state insurance fund alternative premium plans.	368
Alternative premium plans shall include retrospective rating	369
plans. The administrator may make available plans under which an	370
advanced deposit may be applied against a specified deductible	371
amount per claim.	372

(4)(a) Offer to insure the obligations of employers under	373
this chapter under a plan that groups, for rating purposes,	374
employers, and pools the risk of the employers within the group	375
provided that the employers meet all of the following conditions:	376

(i) All of the employers within the group are members of an	377
organization that has been in existence for at least two years	378
prior to the date of application for group coverage;	379

(ii) The organization was formed for purposes other than that	380
of obtaining group workers' compensation under this division;	381

(iii) The employers' business in the organization is	382
substantially similar such that the risks which are grouped are	383
substantially homogeneous;	384

(iv) The group of employers consists of at least one hundred	385
members or the aggregate workers' compensation premiums of the	386
members, as determined by the administrator, are expected to	387
exceed one hundred fifty thousand dollars during the coverage	388
period;	389

(v) The formation and operation of the group program in the	390
organization will substantially improve accident prevention and	391
claims handling for the employers in the group;	392

(vi) Each employer seeking to enroll in a group for workers'	393
compensation coverage has an industrial insurance account in good	394
standing with the bureau of workers' compensation such that at the	395
time the agreement is processed no outstanding premiums,	396
penalties, or assessments are due from any of the employers.	397

(b) If an organization sponsors more than one employer group	398
to participate in group plans established under this section, that	399
organization may submit a single application that supplies all of	400
the information necessary for each group of employers that the	401
organization wishes to sponsor.	402

(c) In providing employer group plans under division (A)(4)	403
of this section, the administrator shall consider an employer	404
group as a single employing entity for purposes of retrospective	405
rating. No employer may be a member of more than one group for the	406
purpose of obtaining workers' compensation coverage under this	407
division.	408

(d) At the time the administrator revises premium rates	409
pursuant to this section and section 4123.34 of the Revised Code,	410
if the premium rate of an employer who participates in a group	411
plan established under this section changes from the rate	412
established for the previous year, the administrator, in addition	413
to sending the invoice with the rate revision to that employer,	414
shall send a copy of that invoice to the third-party administrator	415
that administers the group plan for that employer's group.	416

(e) In providing employer group plans under division (A)(4)	417
of this section, the administrator shall establish a program	418
designed to mitigate the impact of a significant claim that would	419
come into the experience of a private, state fund group-rated	420
employer for the first time and be a contributing factor in that	421
employer being excluded from a group-rated plan. The administrator	422
shall establish eligibility criteria and requirements that such	423
employers must satisfy in order to participate in this program.	424
For purposes of this program, the administrator shall establish a	425
discount on premium rates applicable to employers who qualify for	426
the program.	427

(f) In no event shall division (A)(4) of this section be	428
construed as granting to an employer status as a self-insuring	429
employer.	430

(g) The administrator shall develop classifications of	431
occupations or industries that are sufficiently distinct so as not	432
to group employers in classifications that unfairly represent the	433
risks of employment with the employer.	434

(5) Generally promote employer participation in the state	435
insurance fund through the regular dissemination of information to	436
all classes of employers describing the advantages and benefits of	437
opting to make premium payments to the fund. To that end, the	438
administrator shall regularly make employers aware of the various	439
workers' compensation premium packages developed and offered	440
pursuant to this section.	441

(6) Make available to every employer who is paying premiums	442
to the state insurance fund a program whereby the employer or the	443
employer's agent pays to the claimant or on behalf of the claimant	444
the first fifteen thousand dollars of a compensable workers'	445
compensation medical-only claim filed by that claimant that is	446
related to the same injury or occupational disease. No formal	447
application is required; however, an employer must elect to	448
participate by telephoning the bureau after July 1, 1995. Once an	449
employer has elected to participate in the program, the employer	450
will be responsible for all bills in all medical-only claims with	451
a date of injury the same or later than the election date, unless	452
the employer notifies the bureau within fourteen days of receipt	453
of the notification of a claim being filed that it does not wish	454
to pay the bills in that claim, or the employer notifies the	455
bureau that the fifteen thousand dollar maximum has been paid, or	456
the employer notifies the bureau of the last day of service on	457
which it will be responsible for the bills in a particular	458
medical-only claim. If an employer elects to enter the program,	459
the administrator shall not reimburse the employer for such	460
amounts paid and shall not charge the first fifteen thousand	461
dollars of any medical-only claim paid by an employer to the	462
employer's experience or otherwise use it in merit rating or	463
determining the risks of any employer for the purpose of payment	464
of premiums under this chapter. If an employer elects to enter the	465
program and the employer fails to pay a bill for a medical-only	466
claim included in the program, the employer shall be liable for	467
that bill and the employee for whom the employer failed to pay the	468
bill shall not be liable for that bill. The administrator shall	469
adopt rules to implement and administer division (A)(6) of this	470
section. Upon written request from the bureau, the employer shall	471
provide documentation to the bureau of all medical-only bills that	472
they are paying directly. Such requests from the bureau may not be	473
made more frequently than on a semiannual basis. Failure to	474
provide such documentation to the bureau within thirty days of	475
receipt of the request may result in the employer's forfeiture of	476
participation in the program for such injury. The provisions of	477
this section shall not apply to claims in which an employer with	478
knowledge of a claimed compensable injury or occupational disease,	479
has paid wages in lieu of compensation or total disability.	480

(B) The administrator, with the advice and consent of the	481
board, by rule, may do both of the following:	482

(1) Grant an employer who makes the employer's semiannual	483
premium payment at least one month prior to the last day on which	484
the payment may be made without penalty, a discount as the	485
administrator fixes from time to time;	486

(2) Levy a minimum annual administrative charge upon risks	487
where semiannual premium reports develop a charge less than the	488
administrator considers adequate to offset administrative costs of	489
processing.	490

Sec. 4123.292. (A) Notwithstanding sections 4123.35 and	491
4123.82 of the Revised Code, an employer may elect to obtain	492
other-states' coverage through an other-states' insurer or, if the	493
administrator of workers' compensation elects to offer such	494
coverage, through the administrator pursuant to division (B) of	495
this section. An employer who elects to obtain other-states'	496
coverage shall submit a written notice to the administrator	497
stating that election and, if the employer elects to obtain that	498
coverage through an other-states' insurer, the name of the	499
other-states' insurer through whom the employer has obtained that	500
coverage. If an employer fails to pay the employer's premium for	501
other-states' coverage, the administrator shall consider the	502
employer to be noncompliant for the purposes of having	503
other-states' coverage but shall not consider the employer to be	504
a noncomplying employer for purposes of this chapter or Chapter	505
4121., 4127., or 4131. of the Revised Code unless the employer	506
otherwise fails to comply with section 4123.35 of the Revised	507
Code.	508

(B) The administrator may secure other-states' coverage to	509
allow an employer who wishes to obtain other-states' coverage	510
pursuant to this section and who elects to obtain that coverage	511
through the administrator for workers' compensation claims	512
arising in a state or states other than this state. If the	513
administrator elects to secure other-states' coverage, the	514
administrator shall follow the competitive bidding requirements	515
specified in Chapter 125. of the Revised Code to select one	516
other-states' insurer, and the administrator, with the advice and	517
consent of the bureau of workers' compensation board of	518
directors, shall award the contract to provide other-states'	519
coverage for employers located in this state to the other-states'	520
insurer that is the lowest and best bidder.	521

(C) If the administrator elects to secure other-states'	522
coverage pursuant to division (B) of this section, the	523
administrator shall calculate an employer's premium for	524
other-states' coverage provided through the administrator	525
separately from calculating any other premiums or assessments	526
charged under this chapter or Chapter 4121., 4127., or 4131. of	527
the Revised Code. The administrator shall calculate the employer's	528
other-states' coverage premium in the same manner the	529
administrator calculates an employer's premium for the state	530
insurance fund pursuant to division (A) of section 4123.29 and	531
section 4123.34 of the Revised Code, except that, when calculating	532
the employer's premium for other-states' coverage under this	533
division, the administrator shall do all of the following:	534

(1) Base the employer's other-states' coverage premium on	535
the terms specified in the contract the administrator enters	536
into with an insurance company pursuant to division (B) of this	537
section;	538

(2) When determining the expenditure of wages, payroll, or	539
both upon which to base the employer's other-states' coverage	540
premium, use only the amount of wages, payroll, or both the	541
employer paid to the employer's employees for performing labor or	542
providing services for the employer in a state or states other	543
than this state;	544

(3) Not take into account the amount of wages, payroll, or	545
both the employer paid to the employer's employees for performing	546
labor or providing services for the employer in this state or any	547
compensation or benefits paid for claims covered by the state	548
insurance fund.	549

(D) If the administrator elects to secure other states'	550
coverage, the administrator, with the advice and consent of the	551
board, shall adopt rules to implement divisions (B) and (C) of	552
this section.	553

(E) An other-states' insurer that provides other-states'	554
coverage to an employer pursuant to this section shall do all of	555
the following when calculating the employer's premium for that	556
coverage:	557

(1) When determining the amount of wages, payroll, or both	558
upon which to base the employer's premium, use only the amount of	559
wages, payroll, or both the employer paid to the employer's	560
employees for performing labor or providing services for the	561
employer in a state or states other than this state;	562

(2) Not take into account the amount of wages, payroll, or	563
both the employer paid to the employer's employees for performing	564
labor or providing services for the employer in this state or any	565
compensation or benefits paid for claims otherwise covered by this	566
chapter or Chapter 4121., 4127., or 4131. of the Revised Code;	567

(3) Take into account any other factors the other-states'	568
insurer uses to calculate premiums for workers' compensation	569
insurance.	570

(F) The board and the individual members thereof, the	571
administrator, and the bureau of workers' compensation shall not	572
incur any obligation or liability if another state determines that	573
the other-states' coverage provided under this section does not	574
satisfy the requirements specified in that state's workers'	575
compensation law for obtaining workers' compensation coverage in	576
that state.	577

Sec. 4123.51. The administrator of workers' compensation	578
shall by published notices and other appropriate means endeavor to	579
cause claims to be filed in the service office of the bureau of	580
workers' compensation from which the investigation and	581
determination of the claim may be made most expeditiously. A	582
claim or appeal under this chapter or Chapter 4121., 4127., or	583
4131. of the Revised Code may be filed with any office of the	584
bureau of workers' compensation or the industrial commission,	585
within the required statutory period, and is considered received	586
for the purpose of processing the claims or appeals.	587

The administrator, on the form an employee or an individual	588
acting on behalf of the employee files with the administrator or a	589
self-insuring employer to initiate a claim under this chapter or	590
Chapter 4121., 4127., or 4131. of the Revised Code, shall include	591
a statement that is substantially similar to the following	592
statement in bold font and set apart from all other text in the	593
form:	594

"By signing this form, I elect to receive workers'	595
compensation benefits for this claim from only the state of Ohio.	596
I understand and I hereby waive and release my right to receive	597
compensation and benefits under the workers' compensation laws of	598
another state for the injury or occupational disease, or the death	599
resulting from an injury or occupational disease, for which I am	600
filing this claim. I have not received compensation and benefits	601
under the workers' compensation laws of another state for this	602
claim, and I will not file a claim in another state for the injury	603
or occupational disease or death resulting from an injury or	604
occupational disease for which I am filing this claim."	605

Sec. 4123.54. (A) Every employee, who is injured or who	606
contracts an occupational disease, and the dependents of each	607
employee who is killed, or dies as the result of an occupational	608
disease contracted in the course of employment, wherever such	609
injury has occurred or occupational disease has been contracted,	610
provided the same were not:	611

(1) Purposely self-inflicted; or

612

(2) Caused by the employee being intoxicated or under the	613
influence of a controlled substance not prescribed by a physician	614
where the intoxication or being under the influence of the	615
controlled substance not prescribed by a physician was the	616
proximate cause of the injury, is entitled to receive, either	617
directly from the employee's self-insuring employer as provided in	618
section 4123.35 of the Revised Code, or from the state insurance	619
fund, the compensation for loss sustained on account of the	620
injury, occupational disease, or death, and the medical, nurse,	621
and hospital services and medicines, and the amount of funeral	622
expenses in case of death, as are provided by this chapter.	623

(B) For the purpose of this section, provided that an	624
employer has posted written notice to employees that the results	625
of, or the employee's refusal to submit to, any chemical test	626
described under this division may affect the employee's	627
eligibility for compensation and benefits pursuant to this chapter	628
and Chapter 4121. of the Revised Code, there is a rebuttable	629
presumption that an employee is intoxicated or under the influence	630
of a controlled substance not prescribed by the employee's	631
physician and that being intoxicated or under the influence of a	632
controlled substance not prescribed by the employee's physician is	633
the proximate cause of an injury under either of the following	634
conditions:	635

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

636

(a) The employee, through a qualifying chemical test	637
administered within eight hours of an injury, is determined to	638
have an alcohol concentration level equal to or in excess of the	639
levels established in divisions (A)(1)(b) to (i) of section	640
4511.19 of the Revised Code;	641

(b) The employee, through a qualifying chemical test	642
administered within thirty-two hours of an injury, is determined	643
to have one of the following controlled substances not prescribed	644
by the employee's physician in the employee's system that tests	645
above the following levels in an enzyme multiplied immunoassay	646
technique screening test and above the levels established in	647
division (B)(1)(c) of this section in a gas chromatography mass	648
spectrometry test:	649

(i) For amphetamines, one thousand nanograms per milliliter	650
of urine;	651

(ii) For cannabinoids, fifty nanograms per milliliter of	652
urine;	653

(iii) For cocaine, including crack cocaine, three hundred	654
nanograms per milliliter of urine;	655

(iv) For opiates, two thousand nanograms per milliliter of	656
urine;	657

(v) For phencyclidine, twenty-five nanograms per milliliter	658
of urine.	659

(c) The employee, through a qualifying chemical test	660
administered within thirty-two hours of an injury, is determined	661
to have one of the following controlled substances not prescribed	662
by the employee's physician in the employee's system that tests	663
above the following levels by a gas chromatography mass	664
spectrometry test:	665

(i) For amphetamines, five hundred nanograms per milliliter	666
of urine;	667

(ii) For cannabinoids, fifteen nanograms per milliliter of	668
urine;	669

(iii) For cocaine, including crack cocaine, one hundred fifty	670
nanograms per milliliter of urine;	671

(iv) For opiates, two thousand nanograms per milliliter of	672
urine;	673

(v) For phencyclidine, twenty-five nanograms per milliliter	674
of urine.	675

(d) The employee, through a qualifying chemical test	676
administered within thirty-two hours of an injury, is determined	677
to have barbiturates, benzodiazepines, methadone, or propoxyphene	678
in the employee's system that tests above levels established by	679
laboratories certified by the United States department of health	680
and human services.	681

(2) When the employee refuses to submit to a requested	682
chemical test, on the condition that that employee is or was given	683
notice that the refusal to submit to any chemical test described	684
in division (B)(1) of this section may affect the employee's	685
eligibility for compensation and benefits under this chapter and	686
Chapter 4121. of the Revised Code.	687

(C)(1) For purposes of division (B) of this section, a	688
chemical test is a qualifying chemical test if it is administered	689
to an employee after an injury under at least one of the following	690
conditions:	691

(a) When the employee's employer had reasonable cause to	692
suspect that the employee may be intoxicated or under the	693
influence of a controlled substance not prescribed by the	694
employee's physician;	695

(b) At the request of a police officer pursuant to section	696
4511.191 of the Revised Code, and not at the request of the	697
employee's employer;	698

(c) At the request of a licensed physician who is not	699
employed by the employee's employer, and not at the request of the	700
employee's employer.	701

(2) As used in division (C)(1)(a) of this section,	702
"reasonable cause" means, but is not limited to, evidence that an	703
employee is or was using alcohol or a controlled substance drawn	704
from specific, objective facts and reasonable inferences drawn	705
from these facts in light of experience and training. These facts	706
and inferences may be based on, but are not limited to, any of the	707
following:	708

(a) Observable phenomena, such as direct observation of use,	709
possession, or distribution of alcohol or a controlled substance,	710
or of the physical symptoms of being under the influence of	711
alcohol or a controlled substance, such as but not limited to	712
slurred speech, dilated pupils, odor of alcohol or a controlled	713
substance, changes in affect, or dynamic mood swings;	714

(b) A pattern of abnormal conduct, erratic or aberrant	715
behavior, or deteriorating work performance such as frequent	716
absenteeism, excessive tardiness, or recurrent accidents, that	717
appears to be related to the use of alcohol or a controlled	718
substance, and does not appear to be attributable to other	719
factors;	720

(c) The identification of an employee as the focus of a	721
criminal investigation into unauthorized possession, use, or	722
trafficking of a controlled substance;	723

(d) A report of use of alcohol or a controlled substance	724
provided by a reliable and credible source;	725

(e) Repeated or flagrant violations of the safety or work	726
rules of the employee's employer, that are determined by the	727
employee's supervisor to pose a substantial risk of physical	728
injury or property damage and that appear to be related to the use	729
of alcohol or a controlled substance and that do not appear	730
attributable to other factors.	731

(D) Nothing in this section shall be construed to affect the	732
rights of an employer to test employees for alcohol or controlled	733
substance abuse.	734

(E) For the purpose of this section, laboratories certified	735
by the United States department of health and human services or	736
laboratories that meet or exceed the standards of that department	737
for laboratory certification shall be used for processing the test	738
results of a qualifying chemical test.	739

(F) The written notice required by division (B) of this	740
section shall be the same size or larger then the certificate of	741
premium payment notice furnished by the bureau of workers'	742
compensation and shall be posted by the employer in the same	743
location as the certificate of premium payment notice or the	744
certificate of self-insurance.	745

(G) If a condition that pre-existed an injury is	746
substantially aggravated by the injury, and that substantial	747
aggravation is documented by objective diagnostic findings,	748
objective clinical findings, or objective test results, no	749
compensation or benefits are payable because of the pre-existing	750
condition once that condition has returned to a level that would	751
have existed without the injury.	752

(H)(1) Whenever, with respect to an employee of an employer	753
who is subject to and has complied with this chapter, there is	754
possibility of conflict with respect to the application of	755
workers' compensation laws because the contract of employment is	756
entered into and all or some portion of the work is or is to be	757
performed in a state or states other than Ohio, the employer and	758
the employee may agree to be bound by the laws of this state or by	759
the laws of some other state in which all or some portion of the	760
work of the employee is to be performed. The agreement shall be in	761
writing and shall be filed with the bureau of workers'	762
compensation within ten days after it is executed and shall remain	763
in force until terminated or modified by agreement of the parties	764
similarly filed. If the agreement is to be bound by the laws of	765
this state and the employer has complied with this chapter, then	766
the employee is entitled to compensation and benefits regardless	767
of where the injury occurs or the disease is contracted and the	768
rights of the employee and the employee's dependents under the	769
laws of this state are the exclusive remedy against the employer	770
on account of injury, disease, or death in the course of and	771
arising out of the employee's employment. If the agreement is to	772
be bound by the laws of another state and the employer has	773
complied with the laws of that state, the rights of the employee	774
and the employee's dependents under the laws of that state are the	775
exclusive remedy against the employer on account of injury,	776
disease, or death in the course of and arising out of the	777
employee's employment without regard to the place where the injury	778
was sustained or the disease contracted. If an employer and an	779
employee enter into an agreement under this division, the fact	780
that the employer and the employee entered into that agreement	781
shall not be construed to change the status of an employee whose	782
continued employment is subject to the will of the employer or the	783
employee, unless the agreement contains a provision that expressly	784
changes that status.	785

(2) If any employee or the employee's dependents ~~are awarded~~	786
pursue workers' compensation benefits or recover damages from the	787
employer under the laws of another state, ~~the amount awarded or~~	788
~~recovered, whether paid or to be paid in future installments,~~	789
~~shall be credited on the amount of any~~and the employee or the	790
employee's dependents also pursue or receive an award of	791
compensation or benefits ~~made to the employee or the employee's~~	792
~~dependents by the bureau~~under this chapter or Chapter 4121.,	793
4127., or 4131. of the Revised Code for the same injury,	794
occupational disease, or death for which the employee or the	795
employee's dependents pursued workers' compensation benefits or	796
recovered damages under the laws of another state, the	797
administrator or any employer, by any lawful means, may collect	798
the amount of compensation or benefits paid to or on behalf of	799
the employee or the employee's dependents by the administrator or	800
a self-insuring employer pursuant to this chapter or Chapter	801
4121., 4127., or 4131. of the Revised Code for that award. The	802
administrator or any employer also may collect from the employee	803
or the employee's dependents any costs and attorney's fees the	804
administrator or the employer incurs in collecting that payment	805
and any attorney's fees, penalties, interest, awards, and costs	806
incurred by an employer in contesting or responding to any claim	807
after the original claim under section 4123.542 of the Revised	808
Code by that employee or the employee's dependents. If the	809
employee's employer pays premiums into the state insurance	810
fund, the administrator shall not charge the amount of	811
compensation or benefits the administrator collects pursuant to	812
this division to the employer's experience. If the administrator	813
collects any costs or attorney's fees incurred by a state fund	814
employer, the administrator shall forward the amount of such	815
costs and fees the administrator collects to that employer. If	816
the employee's employer is a self-insuring employer, the	817
self-insuring employer shall deduct the amount of compensation	818
or benefits the self-insuring employer collects pursuant to	819
this division from the paid compensation the self-insuring	820
employer reports to the administrator under division (L) of	821
section 4123.35 of the Revised Code.	822

If(3) Except as otherwise stipulated in division (H)(4) of	823
this section, if an employee is a resident of a state other than	824
this state and is insured under the workers' compensation law or	825
similar laws of a state other than this state, the employee and	826
the employee's dependents are not entitled to receive compensation	827
or benefits under this chapter, on account of injury, disease, or	828
death arising out of or in the course of employment while	829
temporarily within this state, and the rights of the employee and	830
the employee's dependents under the laws of the other state are	831
the exclusive remedy against the employer on account of the	832
injury, disease, or death.	833

(4) Division (H)(3) of this section does not apply to an	834
employee described in that division, or the employee's dependents,	835
unless both of the following apply:	836

(a) The laws of the other state limit the ability of an	837
employee who is a resident of this state and is covered by this	838
chapter and Chapter 4123. of the Revised Code, or the employee's	839
dependents, to receive compensation or benefits under the other	840
state's workers' compensation law on account of injury, disease,	841
or death incurred by the employee that arises out of or in the	842
course of the employee's employment while temporarily within that	843
state in the same manner as specified in division (H)(3) of this	844
section for an employee who is a resident of a state other than	845
this state, or the employee's dependents;	846

(b) The laws of the other state limit the liability of the	847
employer of the employee who is a resident of this state and who	848
is described in division (H)(4)(a) of this section for that	849
injury, disease, or death, in the same manner specified in	850
division (H)(3) of this section for the employer of an employee	851
who is a resident of the other state.	852

(5) An employee, or the dependent of an employee, who elects	853
to receive compensation and benefits under this chapter or Chapter	854
4121., 4127., or 4131. of the Revised Code for a claim may not	855
receive compensation and benefits under the workers' compensation	856
laws of any state other than this state for that same claim. For	857
each claim submitted by or on behalf of an employee, the	858
administrator or, if the employee is employed by a self-insuring	859
employer, the self-insuring employer shall request the employee or	860
the employee's dependent to sign an election that affirms the	861
employee's or employee's dependent's acceptance of electing to	862
receive compensation and benefits under this chapter or Chapter	863
4121., 4127., or 4131. of the Revised Code for that claim that	864
also affirmatively waives and releases the employee's or the	865
employee's dependent's right to file for and receive compensation	866
and benefits under the laws of any state other than this state	867
for that claim. The employee or employee's dependent shall sign	868
the election form within twenty-eight days after the	869
administrator or self-insuring employer submits the request or	870
the administrator or self-insuring employer shall suspend that	871
claim until the administrator or self-insuring employer receives	872
the signed election form.	873

(I) Compensation or benefits are not payable to a claimant	874
during the period of confinement of the claimant in any state or	875
federal correctional institution, or in any county jail in lieu of	876
incarceration in a state or federal correctional institution,	877
whether in this or any other state for conviction of violation of	878
any state or federal criminal law.	879

Sec. 4123.542. An employee or the dependents of an employee	880
who receive a decision on the merits of a claim for compensation	881
or benefits under this chapter or Chapter 4121., 4127., or 4131.	882
of the Revised Code shall not file a claim for the same injury,	883
occupational disease, or death in another state under the	884
workers' compensation laws of that state. An employee or the	885
employee's dependents who receive a decision on the merits of a	886
claim for compensation or benefits under the workers'	887
compensation laws of another state shall not file a claim for	888
compensation and benefits under this chapter or Chapter 4121.,	889
4127., or 4131. of the Revised Code for the same injury,	890
occupational disease, or death.	891

As used in this section, "a decision on the merits" means a	892
decision determined or adjudicated for compensability of a claim	893
and not on jurisdictional grounds.	894

Sec. 4123.82. (A) All contracts and agreements are void	895
which undertake to indemnify or insure an employer against loss or	896
liability for the payment of compensation to workers or their	897
dependents for death, injury, or occupational disease occasioned	898
in the course of the workers' employment, or which provide that	899
the insurer shall pay the compensation, or which indemnify the	900
employer against damages when the injury, disease, or death arises	901
from the failure to comply with any lawful requirement for the	902
protection of the lives, health, and safety of employees, or when	903
the same is occasioned by the willful act of the employer or any	904
of the employer's officers or agents, or by which it is agreed	905
that the insurer shall pay any such damages. No license or	906
authority to enter into any such agreements or issue any such	907
policies of insurance shall be granted or issued by any public	908
authority in this state. Any corporation organized or admitted	909
under the laws of this state to transact liability insurance as	910
defined in section 3929.01 of the Revised Code may by amendment of	911
its articles of incorporation or by original articles of	912
incorporation, provide therein for the authority and purpose to	913
make insurance in states, territories, districts, and counties,	914
other than the state of Ohio, and in the state of Ohio in respect	915
of contracts permitted by division (B) of this section,	916
indemnifying employers against loss or liability for payment of	917
compensation to workers and employees and their dependents for	918
death, injury, or occupational disease occasioned in the course of	919
the employment and to insure and indemnify employers against loss,	920
expense, and liability by risk of bodily injury or death by	921
accident, disability, sickness, or disease suffered by workers and	922
employees for which the employer may be liable or has assumed	923
liability.	924

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

925

(1) No contract because of that division is void which	926
undertakes to indemnify a self-insuring employer against all or	927
part of such employer's loss in excess of at least fifty thousand	928
dollars from any one disaster or event arising out of the	929
employer's liability under this chapter, but no insurance	930
corporation shall, directly or indirectly, represent an employer	931
in the settlement, adjudication, determination, allowance, or	932
payment of claims. The superintendent of insurance shall enforce	933
this prohibition by such disciplinary orders directed against the	934
offending insurance corporation as the superintendent of insurance	935
deems appropriate in the circumstances and the administrator of	936
workers' compensation shall enforce this prohibition by such	937
disciplinary orders directed against the offending employer as the	938
administrator deems appropriate in the circumstances, which orders	939
may include revocation of the insurance corporation's right to	940
enter into indemnity contracts and revocation of the employer's	941
status as a self-insuring employer.	942

(2) The administrator may enter into a contract of indemnity	943
with any such employer upon such terms, payment of such premium,	944
and for such amount and form of indemnity as the administrator	945
determines and the bureau of workers' compensation board of	946
directors may procure reinsurance of the liability of the public	947
and private funds under this chapter, or any part of the liability	948
in respect of either or both of the funds, upon such terms and	949
premiums or other payments from the fund or funds as the	950
administrator deems prudent in the maintenance of a solvent fund	951
or funds from year to year. When making the finding of fact which	952
the administrator is required by section 4123.35 of the Revised	953
Code to make with respect to the financial ability of an employer,	954
no contract of indemnity, or the ability of the employer to	955
procure such a contract, shall be considered as increasing the	956
financial ability of the employer.	957

(C) Nothing in this section shall be construed to prohibit	958
the administrator or an other-states' insurer from providing to	959
employers in this state other-states' coverage in accordance with	960
section 4123.292 of the Revised Code.	961

Sec. 4123.88. (A) No person shall orally or in writing,	962
directly or indirectly, or through any agent or other person	963
fraudulently hold the person's self out or represent the person's	964
self or any of the person's partners or associates as authorized	965
by a claimant or employer to take charge of, or represent the	966
claimant or employer in respect of, any claim or matter in	967
connection therewith before the bureau of workers' compensation or	968
the industrial commission or its district or staff hearing	969
officers. No person shall directly or indirectly solicit	970
authority, or pay or give anything of value to another person to	971
solicit authority, or accept or receive pay or anything of value	972
from another person for soliciting authority, from a claimant or	973
employer to take charge of, or represent the claimant or employer	974
in respect of, any claim or appeal which is or may be filed with	975
the bureau or commission. No person shall, without prior authority	976
from the bureau, a member of the commission, the claimant, or the	977
employer, examine or directly or indirectly cause or employ	978
another person to examine any claim file or any other file	979
pertaining thereto. No person shall forge an authorization for the	980
purpose of examining or cause another person to examine any such	981
file. No district or staff hearing officer or other employee of	982
the bureau or commission, notwithstanding the provisions of	983
section 4123.27 of the Revised Code, shall divulge any information	984
in respect of any claim or appeal which is or may be filed with a	985
district or staff hearing officer, the bureau, or commission to	986
any person other than members of the commission or to the superior	987
of the employee except upon authorization of the administrator of	988
workers' compensation or a member of the commission or upon	989
authorization of the claimant or employer.	990

(B) The records described or referred to in division (A) of	991
this section are not public records as defined in division (A)(1)	992
of section 149.43 of the Revised Code. Any information directly or	993
indirectly identifying the address or telephone number of a	994
claimant, regardless of whether the claimant's claim is active or	995
closed, is not a public record. No person shall solicit or obtain	996
any such information from any such employee without first having	997
obtained an authorization therefor as provided in this section.	998

(C) Except as otherwise specified in division (D) of this	999
section, information kept by the commission or the bureau pursuant	1000
to this section is for the exclusive use and information of the	1001
commission and the bureau in the discharge of their official	1002
duties, and shall not be open to the public nor be used in any	1003
court in any action or proceeding pending therein, unless the	1004
commission or the bureau is a party to the action or proceeding.	1005
The information, however, may be tabulated and published by the	1006
commission or the bureau in statistical form for the use and	1007
information of other state agencies and the public.	1008

(D)(1) Upon receiving a written request made and signed by an	1009
individual whose primary occupation is as a journalist, the	1010
commission or the bureau shall disclose to the ~~journalist~~	1011
individual the address or addresses and telephone number or	1012
numbers of claimants, regardless of whether their claims are	1013
active or closed, and the dependents of those claimants.	1014

(2) ~~A journalist~~An individual described in division (D)(1)	1015
of this section is permitted to request the information described	1016
in that division ~~(D)(1) of this section~~ for multiple workers or	1017
dependents in one written request.	1018

(3) ~~A journalist~~An individual described in division (D)(1)	1019
of this section shall include all of the following in the written	1020
request:	1021

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

1022

(b) The name and title of the ~~journalist's~~individual's	1023
employer;	1024

(c) A statement that the disclosure of the information sought	1025
is in the public interest.	1026

(4) Neither the commission nor the bureau may inquire as to	1027
the specific public interest served by the disclosure of	1028
information requested by ~~a journalist~~an individual under division	1029
(D) of this section.	1030

(E) As used in this section, "journalist" has the same	1031
meaning as in division (B)(9) of section 149.43 of the Revised	1032
Code.	1033

Section 2. That existing sections 4123.01, 4123.26, 4123.29,	1034
4123.51, 4123.54, 4123.82, and 4123.88 of the Revised Code are	1035
hereby repealed.	1036

Section 3. This act applies to all claims pursuant to	1037
Chapters 4121., 4123., 4127., and 4131. of the Revised Code	1038
arising on and after the effective date of this act.	1039

Section 4. In the case of any institution of higher education	1040
that has sustained claims arising from deaths and injuries of a	1041
catastrophic nature arising from a motor vehicle accident	1042
occurring outside of this state, the Administrator of Workers'	1043
Compensation shall suspend the imposition of any premium increase	1044
or any change in the experience of such an institution of higher	1045
education until after the conclusion of any subrogation claims	1046
that are brought by the Administrator in relation to those deaths	1047
and injuries.	1048

Section 5. Notwithstanding division (A) of section 4121.78 of	1049
the Revised Code, any legislation proposing to make changes to	1050
Chapters 4121., 4123., 4125., 4127., and 4131. of the Revised Code	1051
that is enacted by the General Assembly on or before June 30,	1052
2008, shall not be subject to the requirement of the Workers'	1053
Compensation Council to study all changes to those chapters and to	1054
report to the General Assembly on their probable costs, actuarial	1055
implications, and desirability as a matter of public policy.	1056