As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 176

Senator Seitz 

Cosponsors: Senators Burke, Schaffer 

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A BILL

To amend sections 2743.02, 2744.02, 2913.48, 4123.01,

1

and 4123.511 and to enact sections 2307.82 and

2

4123.513 of the Revised Code to prohibit illegal

3

and unauthorized aliens from receiving

4

compensation and certain benefits under Ohio's

5

Workers' Compensation Law.

6

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

Section 1.  That sections 2743.02, 2744.02, 2913.48, 4123.01,	7
and 4123.511 be amended and sections 2307.82 and 4123.513 of the	8
Revised Code be enacted to read as follows:	9

Sec. 2307.82.  (A) As used in this section, "employer,"	10
"illegal alien," "occupational disease," and "unauthorized alien"	11
have the same meanings as in section 4123.01 of the Revised Code.	12

(B) Except as provided in division (C) of this section, no	13
court in this state has jurisdiction over a claim for damages	14
suffered by an illegal alien or an unauthorized alien by reason of	15
personal injury sustained or occupational disease contracted by	16
the illegal alien or unauthorized alien in the course of	17
employment caused by the wrongful act or omission or neglect of	18
the employer. Except as provided in division (C) of this section,	19
an illegal alien or unauthorized alien assumes the risk of	20
incurring such injury or contracting an occupational disease, and	21
that assumption is a complete bar to a recovery of damages for	22
such injury or occupational disease.	23

(C) A court in this state has jurisdiction over a claim	24
brought by an illegal alien or unauthorized alien against an	25
employer for damages suffered by reason of personal injury	26
sustained or occupational disease contracted in the course of	27
employment caused by the wrongful act or omission or neglect of	28
the employer if the employer employed the illegal alien or	29
unauthorized alien knowing that the illegal alien or unauthorized	30
alien was not authorized to work under section 101(a) of the	31
"Immigration Reform and Control Act of 1986," 100 Stat. 3360, 8	32
U.S.C. 1324a.	33

Nothing in this section shall be construed to prevent an	34
illegal alien or an unauthorized alien from bringing a claim under	35
section 2745.01 of the Revised Code against an employer in a court	36
of competent jurisdiction for an intentional tort allegedly	37
committed by the employer against the illegal alien or	38
unauthorized alien.	39

Sec. 2743.02.  (A)(1) The state hereby waives its immunity	40
from liability, except as provided for the office of the state	41
fire marshal in division (G)(1) of section 9.60 and division (B)	42
of section 3737.221 of the Revised Code, except as provided in	43
division (I) of this section, and subject to division (H) of this	44
section, and consents to be sued, and have its liability	45
determined, in the court of claims created in this chapter in	46
accordance with the same rules of law applicable to suits between	47
private parties, except that the determination of liability is	48
subject to the limitations set forth in this chapter and, in the	49
case of state universities or colleges, in section 3345.40 of the	50
Revised Code, and except as provided in division (A)(2) or (3) of	51
this section. To the extent that the state has previously	52
consented to be sued, this chapter has no applicability.	53

Except in the case of a civil action filed by the state,	54
filing a civil action in the court of claims results in a complete	55
waiver of any cause of action, based on the same act or omission,	56
that the filing party has against any officer or employee, as	57
defined in section 109.36 of the Revised Code. The waiver shall be	58
void if the court determines that the act or omission was	59
manifestly outside the scope of the officer's or employee's office	60
or employment or that the officer or employee acted with malicious	61
purpose, in bad faith, or in a wanton or reckless manner.	62

(2) If a claimant proves in the court of claims that an	63
officer or employee, as defined in section 109.36 of the Revised	64
Code, would have personal liability for the officer's or	65
employee's acts or omissions but for the fact that the officer or	66
employee has personal immunity under section 9.86 of the Revised	67
Code, the state shall be held liable in the court of claims in any	68
action that is timely filed pursuant to section 2743.16 of the	69
Revised Code and that is based upon the acts or omissions.	70

(3)(a) Except as provided in division (A)(3)(b) of this	71
section, the state is immune from liability in any civil action or	72
proceeding involving the performance or nonperformance of a public	73
duty, including the performance or nonperformance of a public duty	74
that is owed by the state in relation to any action of an	75
individual who is committed to the custody of the state.	76

(b) The state immunity provided in division (A)(3)(a) of this	77
section does not apply to any action of the state under	78
circumstances in which a special relationship can be established	79
between the state and an injured party. A special relationship	80
under this division is demonstrated if all of the following	81
elements exist:	82

(i) An assumption by the state, by means of promises or	83
actions, of an affirmative duty to act on behalf of the party who	84
was allegedly injured;	85

(ii) Knowledge on the part of the state's agents that	86
inaction of the state could lead to harm;	87

(iii) Some form of direct contact between the state's agents	88
and the injured party;	89

(iv) The injured party's justifiable reliance on the state's	90
affirmative undertaking.	91

(B) The state hereby waives the immunity from liability of	92
all hospitals owned or operated by one or more political	93
subdivisions and consents for them to be sued, and to have their	94
liability determined, in the court of common pleas, in accordance	95
with the same rules of law applicable to suits between private	96
parties, subject to the limitations set forth in this chapter.	97
This division is also applicable to hospitals owned or operated by	98
political subdivisions that have been determined by the supreme	99
court to be subject to suit prior to July 28, 1975.	100

(C) Any hospital, as defined in section 2305.113 of the	101
Revised Code, may purchase liability insurance covering its	102
operations and activities and its agents, employees, nurses,	103
interns, residents, staff, and members of the governing board and	104
committees, and, whether or not such insurance is purchased, may,	105
to the extent that its governing board considers appropriate,	106
indemnify or agree to indemnify and hold harmless any such person	107
against expense, including attorney's fees, damage, loss, or other	108
liability arising out of, or claimed to have arisen out of, the	109
death, disease, or injury of any person as a result of the	110
negligence, malpractice, or other action or inaction of the	111
indemnified person while acting within the scope of the	112
indemnified person's duties or engaged in activities at the	113
request or direction, or for the benefit, of the hospital. Any	114
hospital electing to indemnify those persons, or to agree to so	115
indemnify, shall reserve any funds that are necessary, in the	116
exercise of sound and prudent actuarial judgment, to cover the	117
potential expense, fees, damage, loss, or other liability. The	118
superintendent of insurance may recommend, or, if the hospital	119
requests the superintendent to do so, the superintendent shall	120
recommend, a specific amount for any period that, in the	121
superintendent's opinion, represents such a judgment. This	122
authority is in addition to any authorization otherwise provided	123
or permitted by law.	124

(D) Recoveries against the state shall be reduced by the	125
aggregate of insurance proceeds, disability award, or other	126
collateral recovery received by the claimant. This division does	127
not apply to civil actions in the court of claims against a state	128
university or college under the circumstances described in section	129
3345.40 of the Revised Code. The collateral benefits provisions of	130
division (B)(2) of that section apply under those circumstances.	131

(E) The only defendant in original actions in the court of	132
claims is the state. The state may file a third-party complaint or	133
counterclaim in any civil action, except a civil action for ten	134
thousand dollars or less, that is filed in the court of claims.	135

(F) A civil action against an officer or employee, as defined	136
in section 109.36 of the Revised Code, that alleges that the	137
officer's or employee's conduct was manifestly outside the scope	138
of the officer's or employee's employment or official	139
responsibilities, or that the officer or employee acted with	140
malicious purpose, in bad faith, or in a wanton or reckless manner	141
shall first be filed against the state in the court of claims that	142
has exclusive, original jurisdiction to determine, initially,	143
whether the officer or employee is entitled to personal immunity	144
under section 9.86 of the Revised Code and whether the courts of	145
common pleas have jurisdiction over the civil action. The officer	146
or employee may participate in the immunity determination	147
proceeding before the court of claims to determine whether the	148
officer or employee is entitled to personal immunity under section	149
9.86 of the Revised Code.	150

The filing of a claim against an officer or employee under	151
this division tolls the running of the applicable statute of	152
limitations until the court of claims determines whether the	153
officer or employee is entitled to personal immunity under section	154
9.86 of the Revised Code.	155

(G) If a claim lies against an officer or employee who is a	156
member of the Ohio national guard, and the officer or employee	157
was, at the time of the act or omission complained of, subject to	158
the "Federal Tort Claims Act," 60 Stat. 842 (1946), 28 U.S.C.	159
2671, et seq., the Federal Tort Claims Act is the exclusive remedy	160
of the claimant and the state has no liability under this section.	161

(H) If an inmate of a state correctional institution has a	162
claim against the state for the loss of or damage to property and	163
the amount claimed does not exceed three hundred dollars, before	164
commencing an action against the state in the court of claims, the	165
inmate shall file a claim for the loss or damage under the rules	166
adopted by the director of rehabilitation and correction pursuant	167
to this division. The inmate shall file the claim within the time	168
allowed for commencement of a civil action under section 2743.16	169
of the Revised Code. If the state admits or compromises the claim,	170
the director shall make payment from a fund designated by the	171
director for that purpose. If the state denies the claim or does	172
not compromise the claim at least sixty days prior to expiration	173
of the time allowed for commencement of a civil action based upon	174
the loss or damage under section 2743.16 of the Revised Code, the	175
inmate may commence an action in the court of claims under this	176
chapter to recover damages for the loss or damage.	177

The director of rehabilitation and correction shall adopt	178
rules pursuant to Chapter 119. of the Revised Code to implement	179
this division.	180

(I) The state is not liable in any civil action brought by or	181
on behalf of an illegal alien or an unauthorized alien for damages	182
suffered by reason of personal injury sustained or occupational	183
disease contracted in the course of employment caused by the	184
wrongful act or omission or neglect of the state acting as an	185
employer unless the state employed that illegal alien or	186
unauthorized alien knowing that the illegal alien or unauthorized	187
alien was not authorized to work under section 101(a) of the	188
"Immigration Reform and Control Act of 1986," 100 Stat. 3360, 8	189
U.S.C. 1324a.	190

As used in this division, "illegal alien," "occupational	191
disease," and "unauthorized alien" have the same meanings as in	192
section 4123.01 of the Revised Code.	193

Sec. 2744.02.  (A)(1) For the purposes of this chapter, the	194
functions of political subdivisions are hereby classified as	195
governmental functions and proprietary functions. Except as	196
provided in division (B) of this section, a political subdivision	197
is not liable in damages in a civil action for injury, death, or	198
loss to person or property allegedly caused by any act or omission	199
of the political subdivision or an employee of the political	200
subdivision in connection with a governmental or proprietary	201
function. A political subdivision is not liable in any civil	202
action brought by or on behalf of an illegal alien or an	203
unauthorized alien for damages suffered by reason of personal	204
injury sustained or occupational disease contracted in the course	205
of employment caused by the wrongful act or omission or neglect of	206
the political subdivision acting as an employer unless the	207
political subdivision employed that illegal alien or unauthorized	208
alien knowing that the illegal alien or unauthorized alien was not	209
authorized to work under section 101(a) of the "Immigration Reform	210
and Control Act of 1986," 100 Stat. 3360, 8 U.S.C. 1324a.	211

As used in this division, "illegal alien," "occupational	212
disease," and "unauthorized alien" have the same meanings as in	213
section 4123.01 of the Revised Code.	214

(2) The defenses and immunities conferred under this chapter	215
apply in connection with all governmental and proprietary	216
functions performed by a political subdivision and its employees,	217
whether performed on behalf of that political subdivision or on	218
behalf of another political subdivision.	219

(3) Subject to statutory limitations upon their monetary	220
jurisdiction, the courts of common pleas, the municipal courts,	221
and the county courts have jurisdiction to hear and determine	222
civil actions governed by or brought pursuant to this chapter.	223

(B) Subject to sections 2744.03 and 2744.05 of the Revised	224
Code, a political subdivision is liable in damages in a civil	225
action for injury, death, or loss to person or property allegedly	226
caused by an act or omission of the political subdivision or of	227
any of its employees in connection with a governmental or	228
proprietary function, as follows:	229

(1) Except as otherwise provided in this division, political	230
subdivisions are liable for injury, death, or loss to person or	231
property caused by the negligent operation of any motor vehicle by	232
their employees when the employees are engaged within the scope of	233
their employment and authority. The following are full defenses to	234
that liability:	235

(a) A member of a municipal corporation police department or	236
any other police agency was operating a motor vehicle while	237
responding to an emergency call and the operation of the vehicle	238
did not constitute willful or wanton misconduct;	239

(b) A member of a municipal corporation fire department or	240
any other firefighting agency was operating a motor vehicle while	241
engaged in duty at a fire, proceeding toward a place where a fire	242
is in progress or is believed to be in progress, or answering any	243
other emergency alarm and the operation of the vehicle did not	244
constitute willful or wanton misconduct;	245

(c) A member of an emergency medical service owned or	246
operated by a political subdivision was operating a motor vehicle	247
while responding to or completing a call for emergency medical	248
care or treatment, the member was holding a valid commercial	249
driver's license issued pursuant to Chapter 4506. or a driver's	250
license issued pursuant to Chapter 4507. of the Revised Code, the	251
operation of the vehicle did not constitute willful or wanton	252
misconduct, and the operation complies with the precautions of	253
section 4511.03 of the Revised Code.	254

(2) Except as otherwise provided in sections 3314.07 and	255
3746.24 of the Revised Code, political subdivisions are liable for	256
injury, death, or loss to person or property caused by the	257
negligent performance of acts by their employees with respect to	258
proprietary functions of the political subdivisions.	259

(3) Except as otherwise provided in section 3746.24 of the	260
Revised Code, political subdivisions are liable for injury, death,	261
or loss to person or property caused by their negligent failure to	262
keep public roads in repair and other negligent failure to remove	263
obstructions from public roads, except that it is a full defense	264
to that liability, when a bridge within a municipal corporation is	265
involved, that the municipal corporation does not have the	266
responsibility for maintaining or inspecting the bridge.	267

(4) Except as otherwise provided in section 3746.24 of the	268
Revised Code, political subdivisions are liable for injury, death,	269
or loss to person or property that is caused by the negligence of	270
their employees and that occurs within or on the grounds of, and	271
is due to physical defects within or on the grounds of, buildings	272
that are used in connection with the performance of a governmental	273
function, including, but not limited to, office buildings and	274
courthouses, but not including jails, places of juvenile	275
detention, workhouses, or any other detention facility, as defined	276
in section 2921.01 of the Revised Code.	277

(5) In addition to the circumstances described in divisions	278
(B)(1) to (4) of this section, a political subdivision is liable	279
for injury, death, or loss to person or property when civil	280
liability is expressly imposed upon the political subdivision by a	281
section of the Revised Code, including, but not limited to,	282
sections 2743.02 and 5591.37 of the Revised Code. Civil liability	283
shall not be construed to exist under another section of the	284
Revised Code merely because that section imposes a responsibility	285
or mandatory duty upon a political subdivision, because that	286
section provides for a criminal penalty, because of a general	287
authorization in that section that a political subdivision may sue	288
and be sued, or because that section uses the term "shall" in a	289
provision pertaining to a political subdivision.	290

(C) An order that denies a political subdivision or an	291
employee of a political subdivision the benefit of an alleged	292
immunity from liability as provided in this chapter or any other	293
provision of the law is a final order.	294

Sec. 2913.48.  (A) No person, with purpose to defraud or	295
knowing that the person is facilitating a fraud, shall do any of	296
the following:	297

(1) Receive workers' compensation benefits to which the	298
person is not entitled;	299

(2) Make or present or cause to be made or presented a false	300
or misleading statement with the purpose to secure payment for	301
goods or services rendered under Chapter 4121., 4123., 4127., or	302
4131. of the Revised Code or to secure workers' compensation	303
benefits;	304

(3) Make a false statement in an attestation submitted to the	305
administrator of workers' compensation pursuant to division (A) of	306
section 4123.511 of the Revised Code.	307

(4) Alter, falsify, destroy, conceal, or remove any record or	308
document that is necessary to fully establish the validity of any	309
claim filed with, or necessary to establish the nature and	310
validity of all goods and services for which reimbursement or	311
payment was received or is requested from, the bureau of workers'	312
compensation, or a self-insuring employer under Chapter 4121.,	313
4123., 4127., or 4131. of the Revised Code;	314

(4)(5) Enter into an agreement or conspiracy to defraud the	315
bureau or a self-insuring employer by making or presenting or	316
causing to be made or presented a false claim for workers'	317
compensation benefits;	318

(5)(6) Make or present or cause to be made or presented a	319
false statement concerning manual codes, classification of	320
employees, payroll, paid compensation, or number of personnel,	321
when information of that nature is necessary to determine the	322
actual workers' compensation premium or assessment owed to the	323
bureau by an employer;	324

(6)(7) Alter, forge, or create a workers' compensation	325
certificate to falsely show current or correct workers'	326
compensation coverage;	327

(7)(8) Fail to secure or maintain workers' compensation	328
coverage as required by Chapter 4123. of the Revised Code with the	329
intent to defraud the bureau of workers' compensation.	330

(B) Whoever violates this section is guilty of workers'	331
compensation fraud. Except as otherwise provided in this division,	332
a violation of this section is a misdemeanor of the first degree.	333
If the value of premiums and assessments unpaid pursuant to	334
actions described in division (A)(5), (6), or (7), or (8) of this	335
section, or of goods, services, property, or money stolen is one	336
thousand dollars or more and is less than seven thousand five	337
hundred dollars, a violation of this section is a felony of the	338
fifth degree. If the value of premiums and assessments unpaid	339
pursuant to actions described in division (A)(5), (6), or (7), or	340
(8) of this section, or of goods, services, property, or money	341
stolen is seven thousand five hundred dollars or more and is less	342
than one hundred fifty thousand dollars, a violation of this	343
section is a felony of the fourth degree. If the value of premiums	344
and assessments unpaid pursuant to actions described in division	345
(A)(5), (6), or (7), or (8) of this section, or of goods,	346
services, property, or money stolen is one hundred fifty thousand	347
dollars or more, a violation of this section is a felony of the	348
third degree.	349

(C) Upon application of the governmental body that conducted	350
the investigation and prosecution of a violation of this section,	351
the court shall order the person who is convicted of the violation	352
to pay the governmental body its costs of investigating and	353
prosecuting the case. These costs are in addition to any other	354
costs or penalty provided in the Revised Code or any other section	355
of law.	356

(D) The remedies and penalties provided in this section are	357
not exclusive remedies and penalties and do not preclude the use	358
of any other criminal or civil remedy or penalty for any act that	359
is in violation of this section.	360

(E) As used in this section:

361

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

362

(2) "Goods" includes, but is not limited to, medical	363
supplies, appliances, rehabilitative equipment, and any other	364
apparatus or furnishing provided or used in the care, treatment,	365
or rehabilitation of a claimant for workers' compensation	366
benefits.	367

(3) "Services" includes, but is not limited to, any service	368
provided by any health care provider to a claimant for workers'	369
compensation benefits and any and all services provided by the	370
bureau as part of workers' compensation insurance coverage.	371

(4) "Claim" means any attempt to cause the bureau, an	372
independent third party with whom the administrator or an employer	373
contracts under section 4121.44 of the Revised Code, or a	374
self-insuring employer to make payment or reimbursement for	375
workers' compensation benefits.	376

(5) "Employment" means participating in any trade,	377
occupation, business, service, or profession for substantial	378
gainful remuneration.	379

(6) "Employer," "employee," and "self-insuring employer" have	380
the same meanings as in section 4123.01 of the Revised Code.	381

(7) "Remuneration" includes, but is not limited to, wages,	382
commissions, rebates, and any other reward or consideration.	383

(8) "Statement" includes, but is not limited to, any oral,	384
written, electronic, electronic impulse, or magnetic communication	385
notice, letter, memorandum, receipt for payment, invoice, account,	386
financial statement, or bill for services; a diagnosis, prognosis,	387
prescription, hospital, medical, or dental chart or other record;	388
and a computer generated document.	389

(9) "Records" means any medical, professional, financial, or	390
business record relating to the treatment or care of any person,	391
to goods or services provided to any person, or to rates paid for	392
goods or services provided to any person, or any record that the	393
administrator of workers' compensation requires pursuant to rule.	394

(10) "Workers' compensation benefits" means any compensation	395
or benefits payable under Chapter 4121., 4123., 4127., or 4131. of	396
the Revised Code.	397

Sec. 4123.01.  As used in this chapter:

398

(A)(1) "Employee" means:

399

(a) Every person in the service of the state, or of any	400
county, municipal corporation, township, or school district	401
therein, including regular members of lawfully constituted police	402
and fire departments of municipal corporations and townships,	403
whether paid or volunteer, and wherever serving within the state	404
or on temporary assignment outside thereof, and executive officers	405
of boards of education, under any appointment or contract of hire,	406
express or implied, oral or written, including any elected	407
official of the state, or of any county, municipal corporation, or	408
township, or members of boards of education.	409

As used in division (A)(1)(a) of this section, the term	410
"employee" includes the following persons when responding to an	411
inherently dangerous situation that calls for an immediate	412
response on the part of the person, regardless of whether the	413
person is within the limits of the jurisdiction of the person's	414
regular employment or voluntary service when responding, on the	415
condition that the person responds to the situation as the person	416
otherwise would if the person were on duty in the person's	417
jurisdiction:	418

(i) Off-duty peace officers. As used in division (A)(1)(a)(i)	419
of this section, "peace officer" has the same meaning as in	420
section 2935.01 of the Revised Code.	421

(ii) Off-duty firefighters, whether paid or volunteer, of a	422
lawfully constituted fire department.	423

(iii) Off-duty first responders, emergency medical	424
technicians-basic, emergency medical technicians-intermediate, or	425
emergency medical technicians-paramedic, whether paid or	426
volunteer, of an ambulance service organization or emergency	427
medical service organization pursuant to Chapter 4765. of the	428
Revised Code.	429

(b) Every person in the service of any person, firm, or	430
private corporation, including any public service corporation,	431
that (i) employs one or more persons regularly in the same	432
business or in or about the same establishment under any contract	433
of hire, express or implied, oral or written, including aliens and	434
authorized to work by the United States department of homeland	435
security or its successor; minors,; household workers who earn one	436
hundred sixty dollars or more in cash in any calendar quarter from	437
a single household; and casual workers who earn one hundred sixty	438
dollars or more in cash in any calendar quarter from a single	439
employer,; or (ii) is bound by any such contract of hire or by any	440
other written contract, to pay into the state insurance fund the	441
premiums provided by this chapter.	442

(c) Every person who performs labor or provides services	443
pursuant to a construction contract, as defined in section 4123.79	444
of the Revised Code, if at least ten of the following criteria	445
apply:	446

(i) The person is required to comply with instructions from	447
the other contracting party regarding the manner or method of	448
performing services;	449

(ii) The person is required by the other contracting party to	450
have particular training;	451

(iii) The person's services are integrated into the regular	452
functioning of the other contracting party;	453

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

454

(v) The person is hired, supervised, or paid by the other	455
contracting party;	456

(vi) A continuing relationship exists between the person and	457
the other contracting party that contemplates continuing or	458
recurring work even if the work is not full time;	459

(vii) The person's hours of work are established by the other	460
contracting party;	461

(viii) The person is required to devote full time to the	462
business of the other contracting party;	463

(ix) The person is required to perform the work on the	464
premises of the other contracting party;	465

(x) The person is required to follow the order of work set by	466
the other contracting party;	467

(xi) The person is required to make oral or written reports	468
of progress to the other contracting party;	469

(xii) The person is paid for services on a regular basis such	470
as hourly, weekly, or monthly;	471

(xiii) The person's expenses are paid for by the other	472
contracting party;	473

(xiv) The person's tools and materials are furnished by the	474
other contracting party;	475

(xv) The person is provided with the facilities used to	476
perform services;	477

(xvi) The person does not realize a profit or suffer a loss	478
as a result of the services provided;	479

(xvii) The person is not performing services for a number of	480
employers at the same time;	481

(xviii) The person does not make the same services available	482
to the general public;	483

(xix) The other contracting party has a right to discharge	484
the person;	485

(xx) The person has the right to end the relationship with	486
the other contracting party without incurring liability pursuant	487
to an employment contract or agreement.	488

Every person in the service of any independent contractor or	489
subcontractor who has failed to pay into the state insurance fund	490
the amount of premium determined and fixed by the administrator of	491
workers' compensation for the person's employment or occupation or	492
if a self-insuring employer has failed to pay compensation and	493
benefits directly to the employer's injured and to the dependents	494
of the employer's killed employees as required by section 4123.35	495
of the Revised Code, shall be considered as the employee of the	496
person who has entered into a contract, whether written or verbal,	497
with such independent contractor unless such employees or their	498
legal representatives or beneficiaries elect, after injury or	499
death, to regard such independent contractor as the employer.	500

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

501

(i) The person is a resident of a state other than this state	502
and is covered by that other state's workers' compensation law;	503

(ii) The person performs labor or provides services for that	504
person's employer while temporarily within this state;	505

(iii) The laws of that other state do not include the	506
provisions described in division (H)(4) of section 4123.54 of the	507
Revised Code.	508

(2) "Employee" does not mean any of the following:

509

(a) A duly ordained, commissioned, or licensed minister or	510
assistant or associate minister of a church in the exercise of	511
ministry;	512

(b) Any officer of a family farm corporation;

513

(c) An individual incorporated as a corporation; or

514

(d) An individual who otherwise is an employee of an employer	515
but who signs the waiver and affidavit specified in section	516
4123.15 of the Revised Code on the condition that the	517
administrator has granted a waiver and exception to the	518
individual's employer under section 4123.15 of the Revised Code;	519

(e) An illegal alien or an unauthorized alien.

520

Any employer may elect to include as an "employee" within	521
this chapter, any person excluded from the definition of	522
"employee" pursuant to divisiondivisions (A)(2)(a) to (d) of this	523
section. If an employer is a partnership, sole proprietorship,	524
individual incorporated as a corporation, or family farm	525
corporation, such employer may elect to include as an "employee"	526
within this chapter, any member of such partnership, the owner of	527
the sole proprietorship, the individual incorporated as a	528
corporation, or the officers of the family farm corporation. In	529
the event of an election, the employer shall serve upon the bureau	530
of workers' compensation written notice naming the persons to be	531
covered, include such employee's remuneration for premium purposes	532
in all future payroll reports, and no person excluded from the	533
definition of "employee" pursuant to divisiondivisions (A)(2)(a)	534
to (d) of this section, proprietor, individual incorporated as a	535
corporation, or partner shall be deemed an employee within this	536
division until the employer has served such notice.	537

For informational purposes only, the bureau shall prescribe	538
such language as it considers appropriate, on such of its forms as	539
it considers appropriate, to advise employers of their right to	540
elect to include as an "employee" within this chapter a sole	541
proprietor, any member of a partnership, an individual	542
incorporated as a corporation, the officers of a family farm	543
corporation, or a person excluded from the definition of	544
"employee" under divisiondivisions (A)(2)(a) to (d) of this	545
section, that they should check any health and disability	546
insurance policy, or other form of health and disability plan or	547
contract, presently covering them, or the purchase of which they	548
may be considering, to determine whether such policy, plan, or	549
contract excludes benefits for illness or injury that they might	550
have elected to have covered by workers' compensation.	551

(B) "Employer" means:

552

(1) The state, including state hospitals, each county,	553
municipal corporation, township, school district, and hospital	554
owned by a political subdivision or subdivisions other than the	555
state;	556

(2) Every person, firm, professional employer organization as	557
defined in section 4125.01 of the Revised Code, and private	558
corporation, including any public service corporation, that (a)	559
has in service one or more employees or shared employees regularly	560
in the same business or in or about the same establishment under	561
any contract of hire, express or implied, oral or written, or (b)	562
is bound by any such contract of hire or by any other written	563
contract, to pay into the insurance fund the premiums provided by	564
this chapter.	565

All such employers are subject to this chapter. Any member of	566
a firm or association, who regularly performs manual labor in or	567
about a mine, factory, or other establishment, including a	568
household establishment, shall be considered an employee in	569
determining whether such person, firm, or private corporation, or	570
public service corporation, has in its service, one or more	571
employees and the employer shall report the income derived from	572
such labor to the bureau as part of the payroll of such employer,	573
and such member shall thereupon be entitled to all the benefits of	574
an employee.	575

(C) "Injury" includes any injury, whether caused by external	576
accidental means or accidental in character and result, received	577
in the course of, and arising out of, the injured employee's	578
employment. "Injury" does not include:	579

(1) Psychiatric conditions except where the claimant's	580
psychiatric conditions have arisen from an injury or occupational	581
disease sustained by that claimant or where the claimant's	582
psychiatric conditions have arisen from sexual conduct in which	583
the claimant was forced by threat of physical harm to engage or	584
participate;	585

(2) Injury or disability caused primarily by the natural	586
deterioration of tissue, an organ, or part of the body;	587

(3) Injury or disability incurred in voluntary participation	588
in an employer-sponsored recreation or fitness activity if the	589
employee signs a waiver of the employee's right to compensation or	590
benefits under this chapter prior to engaging in the recreation or	591
fitness activity;	592

(4) A condition that pre-existed an injury unless that	593
pre-existing condition is substantially aggravated by the injury.	594
Such a substantial aggravation must be documented by objective	595
diagnostic findings, objective clinical findings, or objective	596
test results. Subjective complaints may be evidence of such a	597
substantial aggravation. However, subjective complaints without	598
objective diagnostic findings, objective clinical findings, or	599
objective test results are insufficient to substantiate a	600
substantial aggravation.	601

(D) "Child" includes a posthumous child and a child legally	602
adopted prior to the injury.	603

(E) "Family farm corporation" means a corporation founded for	604
the purpose of farming agricultural land in which the majority of	605
the voting stock is held by and the majority of the stockholders	606
are persons or the spouse of persons related to each other within	607
the fourth degree of kinship, according to the rules of the civil	608
law, and at least one of the related persons is residing on or	609
actively operating the farm, and none of whose stockholders are a	610
corporation. A family farm corporation does not cease to qualify	611
under this division where, by reason of any devise, bequest, or	612
the operation of the laws of descent or distribution, the	613
ownership of shares of voting stock is transferred to another	614
person, as long as that person is within the degree of kinship	615
stipulated in this division.	616

(F) "Occupational disease" means a disease contracted in the	617
course of employment, which by its causes and the characteristics	618
of its manifestation or the condition of the employment results in	619
a hazard which distinguishes the employment in character from	620
employment generally, and the employment creates a risk of	621
contracting the disease in greater degree and in a different	622
manner from the public in general.	623

(G) "Self-insuring employer" means an employer who is granted	624
the privilege of paying compensation and benefits directly under	625
section 4123.35 of the Revised Code, including a board of county	626
commissioners for the sole purpose of constructing a sports	627
facility as defined in section 307.696 of the Revised Code,	628
provided that the electors of the county in which the sports	629
facility is to be built have approved construction of a sports	630
facility by ballot election no later than November 6, 1997.	631

(H) "Public employer" means an employer as defined in	632
division (B)(1) of this section.	633

(I) "Sexual conduct" means vaginal intercourse between a male	634
and female; anal intercourse, fellatio, and cunnilingus between	635
persons regardless of gender; and, without privilege to do so, the	636
insertion, however slight, of any part of the body or any	637
instrument, apparatus, or other object into the vaginal or anal	638
cavity of another. Penetration, however slight, is sufficient to	639
complete vaginal or anal intercourse.	640

(J) "Other-states' insurer" means an insurance company that	641
is authorized to provide workers' compensation insurance coverage	642
in any of the states that permit employers to obtain insurance for	643
workers' compensation claims through insurance companies.	644

(K) "Other-states' coverage" means insurance coverage	645
purchased by an employer for workers' compensation claims that	646
arise in a state or states other than this state and that are	647
filed by the employees of the employer or those employee's	648
dependents, as applicable, in that other state or those other	649
states.	650

(L) "Illegal alien" means an alien who is deportable if	651
apprehended because of one of the following:	652

(1) The alien entered the United States illegally without the	653
proper authorization and documents.	654

(2) The alien once entered the United States legally and has	655
since violated the terms of the status under which the alien	656
entered the United States, making that alien an "out of status"	657
alien.	658

(3) The alien once entered the United States legally but has	659
overstayed the time limits of the original legal status.	660

(M) "Unauthorized alien" means an alien who is not authorized	661
to be employed as determined in accordance with section 101(a) of	662
the "Immigration Reform and Control Act of 1986," 100 Stat. 3360,	663
8 U.S.C. 1324a.	664

Sec. 4123.511.  (A) Within seven days after receipt of any	665
claim under this chapter, the bureau of workers' compensation	666
shall notify the claimant and the employer of the claimant of the	667
receipt of the claim and of the facts alleged therein. If the	668
bureau receives from a person other than the claimant written or	669
facsimile information or information communicated verbally over	670
the telephone indicating that an injury or occupational disease	671
has occurred or been contracted which may be compensable under	672
this chapter, the bureau shall notify the employee and the	673
employer of the information. If the information is provided	674
verbally over the telephone, the person providing the information	675
shall provide written verification of the information to the	676
bureau according to division (E) of section 4123.84 of the Revised	677
Code. The receipt of the information in writing or facsimile, or	678
if initially by telephone, the subsequent written verification,	679
and the notice by the bureau shall be considered an application	680
for compensation under section 4123.84 or 4123.85 of the Revised	681
Code, provided that the conditions of division (E) of section	682
4123.84 of the Revised Code apply to information provided verbally	683
over the telephone. Upon receipt of a claim, the bureau shall	684
advise the claimant of the claim number assigned and the	685
claimant's right to representation in the processing of a claim or	686
to elect no representation. If	687

To be considered eligible for compensation or benefits paid	688
under this chapter or Chapter 4121., 4127., or 4131. of the	689
Revised Code other than medical benefits as described in section	690
4123.66 of the Revised Code, the claimant shall submit to the	691
administrator of workers' compensation a signed attestation that	692
the claimant is an eligible "employee" as that term is defined in	693
section 4123.01 of the Revised Code or, if the claimant is a	694
dependent of an individual who died as a result of suffering an	695
injury or contracting an occupational disease, that the individual	696
who is the subject of the claim was such an employee. The	697
administrator shall not pay compensation or benefits, other than	698
medical benefits described in section 4123.66 of the Revised Code,	699
unless the administrator receives the signed attestation. The	700
administrator, if the administrator has reason to believe that a	701
submitted attestation is not valid, may request the claimant to	702
submit proof to the administrator that the attestation is valid.	703
The administrator shall make the request in writing and shall	704
state in the request the type of proof necessary to determine	705
validity and the date by which the claimant shall submit the	706
proof. If a claimant fails to comply with the request, the	707
administrator shall deny the claim for compensation or benefits	708
other than medical benefits and the claimant is barred from	709
refiling that claim for compensation or benefits. A denial of a	710
claim for compensation or benefits for failing to comply with the	711
written request may be appealed under this section and section	712
4123.512 of the Revised Code. In the event a claimant provides a	713
signed attestation required under this division and it is later	714
determined that the claimant is or the deceased individual who is	715
the subject of the claim was an illegal or unauthorized alien, the	716
claimant shall be subject to prosecution for a violation of	717
section 2913.48 of the Revised Code.	718

If the bureau determines that a claim is determined to be a	719
compensable lost-time claim, the bureau shall notify the claimant	720
and the employer of the availability of rehabilitation services.	721
No bureau or industrial commission employee shall directly or	722
indirectly convey any information in derogation of this right.	723
This section shall in no way abrogate the bureau's responsibility	724
to aid and assist a claimant in the filing of a claim and to	725
advise the claimant of the claimant's rights under the law.	726

The administrator of workers' compensation shall assign all	727
claims and investigations to the bureau service office from which	728
investigation and determination may be made most expeditiously.	729

The bureau shall investigate the facts concerning an injury	730
or occupational disease and ascertain such facts in whatever	731
manner is most appropriate and may obtain statements of the	732
employee, employer, attending physician, and witnesses in whatever	733
manner is most appropriate.	734

The administrator, with the advice and consent of the bureau	735
of workers' compensation board of directors, may adopt rules that	736
identify specified medical conditions that have a historical	737
record of being allowed whenever included in a claim. The	738
administrator may grant immediate allowance of any medical	739
condition identified in those rules upon the filing of a claim	740
involving that medical condition and may make immediate payment of	741
medical bills for any medical condition identified in those rules	742
that is included in a claim. If an employer contests the allowance	743
of a claim involving any medical condition identified in those	744
rules, and the claim is disallowed, payment for the medical	745
condition included in that claim shall be charged to and paid from	746
the surplus fund account created under section 4123.34 of the	747
Revised Code.	748

(B)(1) Except as provided in division (B)(2) of this section,	749
in claims other than those in which the employer is a	750
self-insuring employer, if the administrator determines under	751
division (A) of this section that a claimant is or is not entitled	752
to an award of compensation or benefits, the administrator shall	753
issue an order no later than twenty-eight days after the sending	754
of the notice under division (A) of this section, granting or	755
denying the payment of the compensation or benefits, or both as is	756
appropriate to the claimant. Notwithstanding the time limitation	757
specified in this division for the issuance of an order, if a	758
medical examination of the claimant is required by statute, the	759
administrator promptly shall schedule the claimant for that	760
examination and shall issue an order no later than twenty-eight	761
days after receipt of the report of the examination. The	762
administrator shall notify the claimant and the employer of the	763
claimant and their respective representatives in writing of the	764
nature of the order and the amounts of compensation and benefit	765
payments involved. The employer or claimant may appeal the order	766
pursuant to division (C) of this section within fourteen days	767
after the date of the receipt of the order. The employer and	768
claimant may waive, in writing, their rights to an appeal under	769
this division.	770

(2) Notwithstanding the time limitation specified in division	771
(B)(1) of this section for the issuance of an order, if the	772
employer certifies a claim for payment of compensation or	773
benefits, or both, to a claimant, and the administrator has	774
completed the investigation of the claim, the payment of benefits	775
or compensation, or both, as is appropriate, shall commence upon	776
the later of the date of the certification or completion of the	777
investigation and issuance of the order by the administrator,	778
provided that the administrator shall issue the order no later	779
than the time limitation specified in division (B)(1) of this	780
section.	781

(3) If an appeal is made under division (B)(1) or (2) of this	782
section, the administrator shall forward the claim file to the	783
appropriate district hearing officer within seven days of the	784
appeal. In contested claims other than state fund claims, the	785
administrator shall forward the claim within seven days of the	786
administrator's receipt of the claim to the industrial commission,	787
which shall refer the claim to an appropriate district hearing	788
officer for a hearing in accordance with division (C) of this	789
section.	790

(C) If an employer or claimant timely appeals the order of	791
the administrator issued under division (B) of this section or in	792
the case of other contested claims other than state fund claims,	793
the commission shall refer the claim to an appropriate district	794
hearing officer according to rules the commission adopts under	795
section 4121.36 of the Revised Code. The district hearing officer	796
shall notify the parties and their respective representatives of	797
the time and place of the hearing.	798

The district hearing officer shall hold a hearing on a	799
disputed issue or claim within forty-five days after the filing of	800
the appeal under this division and issue a decision within seven	801
days after holding the hearing. The district hearing officer shall	802
notify the parties and their respective representatives in writing	803
of the order. Any party may appeal an order issued under this	804
division pursuant to division (D) of this section within fourteen	805
days after receipt of the order under this division.	806

(D) Upon the timely filing of an appeal of the order of the	807
district hearing officer issued under division (C) of this	808
section, the commission shall refer the claim file to an	809
appropriate staff hearing officer according to its rules adopted	810
under section 4121.36 of the Revised Code. The staff hearing	811
officer shall hold a hearing within forty-five days after the	812
filing of an appeal under this division and issue a decision	813
within seven days after holding the hearing under this division.	814
The staff hearing officer shall notify the parties and their	815
respective representatives in writing of the staff hearing	816
officer's order. Any party may appeal an order issued under this	817
division pursuant to division (E) of this section within fourteen	818
days after receipt of the order under this division.	819

(E) Upon the filing of a timely appeal of the order of the	820
staff hearing officer issued under division (D) of this section,	821
the commission or a designated staff hearing officer, on behalf of	822
the commission, shall determine whether the commission will hear	823
the appeal. If the commission or the designated staff hearing	824
officer decides to hear the appeal, the commission or the	825
designated staff hearing officer shall notify the parties and	826
their respective representatives in writing of the time and place	827
of the hearing. The commission shall hold the hearing within	828
forty-five days after the filing of the notice of appeal and,	829
within seven days after the conclusion of the hearing, the	830
commission shall issue its order affirming, modifying, or	831
reversing the order issued under division (D) of this section. The	832
commission shall notify the parties and their respective	833
representatives in writing of the order. If the commission or the	834
designated staff hearing officer determines not to hear the	835
appeal, within fourteen days after the expiration of the period in	836
which an appeal of the order of the staff hearing officer may be	837
filed as provided in division (D) of this section, the commission	838
or the designated staff hearing officer shall issue an order to	839
that effect and notify the parties and their respective	840
representatives in writing of that order.	841

Except as otherwise provided in this chapter and Chapters	842
4121., 4127., and 4131. of the Revised Code, any party may appeal	843
an order issued under this division to the court pursuant to	844
section 4123.512 of the Revised Code within sixty days after	845
receipt of the order, subject to the limitations contained in that	846
section.	847

(F) Every notice of an appeal from an order issued under	848
divisions (B), (C), (D), and (E) of this section shall state the	849
names of the claimant and employer, the number of the claim, the	850
date of the decision appealed from, and the fact that the	851
appellant appeals therefrom.	852

(G) All of the following apply to the proceedings under	853
divisions (C), (D), and (E) of this section:	854

(1) The parties shall proceed promptly and without	855
continuances except for good cause;	856

(2) The parties, in good faith, shall engage in the free	857
exchange of information relevant to the claim prior to the conduct	858
of a hearing according to the rules the commission adopts under	859
section 4121.36 of the Revised Code;	860

(3) The administrator is a party and may appear and	861
participate at all administrative proceedings on behalf of the	862
state insurance fund. However, in cases in which the employer is	863
represented, the administrator shall neither present arguments nor	864
introduce testimony that is cumulative to that presented or	865
introduced by the employer or the employer's representative. The	866
administrator may file an appeal under this section on behalf of	867
the state insurance fund; however, except in cases arising under	868
section 4123.343 of the Revised Code, the administrator only may	869
appeal questions of law or issues of fraud when the employer	870
appears in person or by representative.	871

(H) Except as provided in section 4121.63 of the Revised Code	872
and division (K) of this section, payments of compensation to a	873
claimant or on behalf of a claimant as a result of any order	874
issued under this chapter shall commence upon the earlier of the	875
following:	876

(1) Fourteen days after the date the administrator issues an	877
order under division (B) of this section, unless that order is	878
appealed;	879

(2) The date when the employer has waived the right to appeal	880
a decision issued under division (B) of this section;	881

(3) If no appeal of an order has been filed under this	882
section or to a court under section 4123.512 of the Revised Code,	883
the expiration of the time limitations for the filing of an appeal	884
of an order;	885

(4) The date of receipt by the employer of an order of a	886
district hearing officer, a staff hearing officer, or the	887
industrial commission issued under division (C), (D), or (E) of	888
this section.	889

(I) Payments of medical benefits payable under this chapter	890
or Chapter 4121., 4127., or 4131. of the Revised Code shall	891
commence upon the earlier of the following:	892

(1) The date of the issuance of the staff hearing officer's	893
order under division (D) of this section;	894

(2) The date of the final administrative or judicial	895
determination.	896

(J) The administrator shall charge the compensation payments	897
made in accordance with division (H) of this section or medical	898
benefits payments made in accordance with division (I) of this	899
section to an employer's experience immediately after the employer	900
has exhausted the employer's administrative appeals as provided in	901
this section or has waived the employer's right to an	902
administrative appeal under division (B) of this section, subject	903
to the adjustment specified in division (H) of section 4123.512 of	904
the Revised Code.	905

(K) Upon the final administrative or judicial determination	906
under this section or section 4123.512 of the Revised Code of an	907
appeal of an order to pay compensation, if a claimant is found to	908
have received compensation pursuant to a prior order which is	909
reversed upon subsequent appeal, the claimant's employer, if a	910
self-insuring employer, or the bureau, shall withhold from any	911
amount to which the claimant becomes entitled pursuant to any	912
claim, past, present, or future, under Chapter 4121., 4123.,	913
4127., or 4131. of the Revised Code, the amount of previously paid	914
compensation to the claimant which, due to reversal upon appeal,	915
the claimant is not entitled, pursuant to the following criteria:	916

(1) No withholding for the first twelve weeks of temporary	917
total disability compensation pursuant to section 4123.56 of the	918
Revised Code shall be made;	919

(2) Forty per cent of all awards of compensation paid	920
pursuant to sections 4123.56 and 4123.57 of the Revised Code,	921
until the amount overpaid is refunded;	922

(3) Twenty-five per cent of any compensation paid pursuant to	923
section 4123.58 of the Revised Code until the amount overpaid is	924
refunded;	925

(4) If, pursuant to an appeal under section 4123.512 of the	926
Revised Code, the court of appeals or the supreme court reverses	927
the allowance of the claim, then no amount of any compensation	928
will be withheld.	929

The administrator and self-insuring employers, as	930
appropriate, are subject to the repayment schedule of this	931
division only with respect to an order to pay compensation that	932
was properly paid under a previous order, but which is	933
subsequently reversed upon an administrative or judicial appeal.	934
The administrator and self-insuring employers are not subject to,	935
but may utilize, the repayment schedule of this division, or any	936
other lawful means, to collect payment of compensation made to a	937
person who was not entitled to the compensation due to fraud as	938
determined by the administrator or the industrial commission.	939

(L) If a staff hearing officer or the commission fails to	940
issue a decision or the commission fails to refuse to hear an	941
appeal within the time periods required by this section, payments	942
to a claimant shall cease until the staff hearing officer or	943
commission issues a decision or hears the appeal, unless the	944
failure was due to the fault or neglect of the employer or the	945
employer agrees that the payments should continue for a longer	946
period of time.	947

(M) Except as otherwise provided in this section or section	948
4123.522 of the Revised Code, no appeal is timely filed under this	949
section unless the appeal is filed with the time limits set forth	950
in this section.	951

(N) No person who is not an employee of the bureau or	952
commission or who is not by law given access to the contents of a	953
claims file shall have a file in the person's possession.	954

(O) Upon application of a party who resides in an area in	955
which an emergency or disaster is declared, the industrial	956
commission and hearing officers of the commission may waive the	957
time frame within which claims and appeals of claims set forth in	958
this section must be filed upon a finding that the applicant was	959
unable to comply with a filing deadline due to an emergency or a	960
disaster.	961

As used in this division:

962

(1) "Emergency" means any occasion or instance for which the	963
governor of Ohio or the president of the United States publicly	964
declares an emergency and orders state or federal assistance to	965
save lives and protect property, the public health and safety, or	966
to lessen or avert the threat of a catastrophe.	967

(2) "Disaster" means any natural catastrophe or fire, flood,	968
or explosion, regardless of the cause, that causes damage of	969
sufficient magnitude that the governor of Ohio or the president of	970
the United States, through a public declaration, orders state or	971
federal assistance to alleviate damage, loss, hardship, or	972
suffering that results from the occurrence.	973

Sec. 4123.513.  (A) Except as otherwise provided in divisions	974
(B) and (C) of this section, if a claim is denied because the	975
claimant is, or if the claimant is a dependent of an individual	976
who died as a result of suffering an injury or contracting an	977
occupational disease, that individual was an unauthorized alien,	978
the claimant's employer or the individual's employer is not liable	979
to that claimant for damages suffered by reason of personal injury	980
sustained or occupational disease contracted in the course of	981
employment caused by the wrongful act or omission or neglect of	982
the employer. For such a claimant, filing a claim under Chapter	983
4121., 4123., 4127., or 4131. of the Revised Code is the exclusive	984
remedy against the employer on account of injury, disease, or	985
death in the course of and arising out of the claimant's or	986
deceased employee's employment. Notwithstanding section 4123.77 of	987
the Revised Code and except as provided in division (B) of this	988
section, an irrebuttable presumption exists that the individual	989
assumed the risk of incurring an injury or contracting an	990
occupational disease at the workplace, or dying as a result of	991
such an injury or occupational disease, when performing services	992
or providing labor for that employer.	993

(B) An employer is liable to a claimant whose claim is denied	994
because the claimant is or the deceased individual who is the	995
subject of the claim was an unauthorized alien for damages	996
suffered by reason of personal injury sustained or occupational	997
disease contracted in the course of employment caused by the	998
wrongful act or omission or neglect of the employer if the	999
claimant establishes, by clear and convincing evidence, that the	1000
employer employed the claimant or the deceased individual knowing	1001
that the claimant or deceased individual was not authorized to	1002
work under section 101(a) of the "Immigration Reform and Control	1003
Act of 1986," 100 Stat. 3360, 8 U.S.C. 1324a, on the date the	1004
claimant or deceased individual suffered the injury or contracted	1005
the occupational disease and that such knowledge was not solely	1006
the result of communications made by the claimant or the deceased	1007
individual to the employer. An employer may not assert any of the	1008
common law defenses listed in section 4123.77 of the Revised Code	1009
in an action brought against the employer pursuant to this	1010
section.	1011

(C) Nothing in this section shall be construed to prevent a	1012
claimant whose claim is denied because the claimant is or the	1013
deceased individual who is the subject of the claim was an	1014
unauthorized alien from bringing a claim under section 2745.01 of	1015
the Revised Code against an employer in a court of competent	1016
jurisdiction for an intentional tort allegedly committed by the	1017
employer against the claimant or deceased individual who was the	1018
subject of the claim.	1019

Section 2.  That existing sections 2743.02, 2744.02, 2913.48,	1020
4123.01, and 4123.511 of the Revised Code are hereby repealed.	1021

Section 3.  This act applies to claims arising on or after	1022
the effective date of this act.	1023