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As Passed by the Senate
122nd General Assembly
Regular Session
1997-1998 | Am. Sub. H. B. No. 362 |
REPRESENTATIVES THOMPSON-JOHNSON-AMSTUTZ-CATES-CORE-VESPER-CORBIN-
TERWILLEGER-BRADING-GARCIA-TAYLOR-
SENATOR GILLMOR
A BILL
To amend sections 4121.01, 4121.02, 4121.03, 4121.09, 4121.10, 4121.34,
4121.35, and 4123.511, and to enact new section 3317.015, and to repeal
section 3317.015 of the Revised Code to designate the Chairperson
of the
Industrial Commission as the Chief Executive
Officer of the
Commission; to change the title of the chief administrative
officer of the Commission to executive director;
to specify the
authority of the Chairperson; to
limit the authority of the members of the
Commission to
rulemaking, appeals, reconsiderations, and other adjudicatory
powers; to remove the requirement that
the Commission appoint
district and staff hearing officers and to
require the Chairperson to obtain
the approval of at least one other Commission
member prior to hiring district
and staff hearing officers; to require
the Governor
to appoint the Chairperson; to provide exceptions to deadlines for filing
appeals of claims with the Industrial Commission; and to
make appropriations for the Industrial
Commission for the
biennium beginning July 1, 1997, and ending June 30,
1999.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4121.01, 4121.02, 4121.03, 4121.09, 4121.10, 4121.34,
4121.35, and 4123.511 be amended and new section 3317.015 of the Revised Code
be enacted to read as follows:
Sec. 3317.015. (A) IN ADDITION TO THE INFORMATION CERTIFIED TO
THE DEPARTMENT OF EDUCATION UNDER DIVISION (A) OF SECTION 3317.021
of the Revised Code, THE TAX COMMISSIONER SHALL, AT THE SAME TIME, CERTIFY THE FOLLOWING
INFORMATION FOR EACH CITY, EXEMPTED VILLAGE, AND LOCAL SCHOOL DISTRICT TO BE
USED FOR THE SAME PURPOSES AS DESCRIBED UNDER THAT DIVISION:
(1) THE SCHOOL DISTRICT'S CARRYOVER PROPERTY, AS DEFINED IN SECTION
319.301 of the Revised Code, FOR THE PRECEDING TAX YEAR;
(2) THE SCHOOL DISTRICT'S INCREASE IN CARRYOVER VALUATION, IF ANY, BETWEEN
THE SECOND PRECEDING TAX YEAR AND THE PRECEDING TAX YEAR AS USED IN
CALCULATING THE PERCENTAGE REDUCTION UNDER SECTION 319.301 of the Revised Code.
(B) IN ANY FISCAL YEAR THE DEPARTMENT OF EDUCATION SHALL
CALCULATE EACH SCHOOL DISTRICT'S RECOGNIZED VALUATION IN THE FOLLOWING
MANNER:
(1) FOR A SCHOOL DISTRICT LOCATED IN A COUNTY IN WHICH A REAPPRAISAL OR
TRIENNIAL UPDATE OCCURRED IN THE PRECEDING TAX YEAR, THE RECOGNIZED VALUATION
EQUALS THE DISTRICT'S TOTAL TAXABLE VALUE FOR THE PRECEDING TAX YEAR MINUS
TWO-THIRDS TIMES THE INCREASE IN THE CARRYOVER VALUE FROM THE SECOND PRECEDING
TAX YEAR TO THE PRECEDING TAX YEAR.
(2) FOR A SCHOOL DISTRICT LOCATED IN A COUNTY IN WHICH A REAPPRAISAL OR
TRIENNIAL UPDATE OCCURRED IN THE SECOND PRECEDING TAX YEAR, THE RECOGNIZED
VALUATION EQUALS THE DISTRICT'S TOTAL TAXABLE VALUE FOR THE PRECEDING TAX YEAR
MINUS ONE-THIRD TIMES THE INCREASE IN THE CARRYOVER VALUE FROM THE THIRD
PRECEDING TAX YEAR TO THE SECOND PRECEDING TAX YEAR.
(3) FOR A SCHOOL DISTRICT LOCATED IN A COUNTY IN WHICH A REAPPRAISAL OR
TRIENNIAL UPDATE OCCURRED IN THE THIRD PRECEDING TAX YEAR, THE RECOGNIZED
VALUATION EQUALS THE DISTRICT'S TOTAL TAXABLE VALUE FOR THE PRECEDING TAX
YEAR.
Sec. 4121.01. (A) As used in sections 4121.01 to 4121.29 of
the Revised Code:
(A)(1) "Place of employment" means every place, whether
indoors or out, or underground, and the premises appurtenant
thereto, where either temporarily or permanently any industry,
trade, or business is carried on, or where any process or
operation, directly or indirectly related to any industry, trade,
or business, is carried on and where any person is directly or
indirectly employed by another for direct or indirect gain or
profit, but does not include any place where persons are employed
in private domestic service or agricultural pursuits which do not
involve the use of mechanical power.
(B)(2) "Employment" means any trade, occupation, or process
of manufacture or any method of carrying on such trade,
occupation, or process of manufacture in which any person may be
engaged, except in such private domestic service or agricultural
pursuits as do not involve the use of mechanical power.
(C)(3) "Employer" means every person, firm, corporation,
agent, manager, representative, or other person having control or
custody of any employment, place of employment, or employee.
(D)(4) "Employee" means every person who may be required or
directed by any employer, in consideration of direct or indirect
gain or profit, to engage in any employment, or to go, or work,
or be at any time in any place of employment.
(E)(5) "Frequenter" means every person, other than an
employee, who may go in or be in a place of employment under
circumstances which render him THE PERSON other than a
trespasser.
(F)(6) "Deputy" means any person employed by the industrial
commission or the bureau of workers' compensation, designated as
a deputy by the commission or the administrator of workers'
compensation, who possesses special, technical, scientific,
managerial, professional, or personal abilities or qualities in
matters within the jurisdiction of the commission or the bureau,
and who may be engaged in the performance of duties under the
direction of the commission or the bureau calling for the
exercise of such abilities or qualities.
(G)(7) "Order" means any decision, rule, regulation,
direction, requirement, or standard, or any other determination
or decision which THAT the bureau is empowered to and does make.
(H)(8) "General order" means an order which
THAT
applies generally
throughout the state to all persons, employments, or places of
employment, or all persons, employments, or places of employment
of a class under the jurisdiction of the bureau. All other orders shall be
considered special orders.
(I)(9) "Local order" means any ordinance, order, rule, or
determination of the legislative authority of any municipal
corporation, or any trustees, or board or officers of any
municipal corporation upon any matter over which the bureau
has jurisdiction.
(J)(10) "Welfare" means comfort, decency, and moral
well-being.
(K)(11) "Safe" or "safety," as applied to any employment or a
place of employment, means such freedom from danger to the life,
health, safety, or welfare of employees or frequenters as the
nature of the employment will reasonably permit, including
requirements as to the hours of labor with relation to the health
and welfare of employees.
(B) AS USED IN THE
REVISED CODE:
(1) "INDUSTRIAL COMMISSION" MEANS THE CHAIRPERSON OF THE
THREE-MEMBER INDUSTRIAL COMMISSION CREATED PURSUANT TO SECTION
4121.02 OF THE REVISED CODE WHEN THE CONTEXT REFERS TO
THE AUTHORITY VESTED IN THE CHAIRPERSON AS THE CHIEF EXECUTIVE
OFFICER OF THE THREE-MEMBER INDUSTRIAL COMMISSION PURSUANT TO
DIVISIONS (A),
(B),
(C), AND
(D) OF SECTION 4121.03 OF THE
REVISED CODE.
(2) "INDUSTRIAL COMMISSION" MEANS THE THREE-MEMBER
INDUSTRIAL COMMISSION CREATED PURSUANT TO SECTION 4121.02 OF THE
REVISED CODE WHEN THE CONTEXT REFERS TO
THE AUTHORITY VESTED IN THE THREE-MEMBER INDUSTRIAL COMMISSION
PURSUANT TO DIVISION (E) OF
SECTION 4121.03 OF THE REVISED CODE.
(3) "INDUSTRIAL COMMISSION" MEANS THE INDUSTRIAL
COMMISSION AS A STATE AGENCY WHEN THE CONTEXT REFERS TO THE
AUTHORITY VESTED IN THE INDUSTRIAL COMMISSION AS A STATE
AGENCY.
Sec. 4121.02. (A) There is hereby created the industrial
commission. The commission shall consist of three members
appointed by the governor, with the advice and consent of the
senate. One member shall be an individual who, on account of
the individual's previous vocation, employment, or affiliations, can be
classed as
a representative of employers; one shall be an individual who, on
account of the individual's previous vocation, employment,
or affiliations,
can be classed as a representative of employees; and one shall be
an individual who, on account of the individual's previous
vocation,
employment, or affiliations, can be classed as a representative
of the public. Each member shall have
not less than six OR MORE years of
recognized expertise in the field of workers' compensation, and at
least one member shall be an attorney registered to practice law
in this state. No more than two members of the industrial
commission shall belong to or be affiliated with the same
political party.
(B) Within thirty days after the industrial commission
nominating council submits its list to the governor under
division (D) of this section, the governor shall make initial
appointments to the commission. Of the initial appointments, the
member who is a representative of employees shall serve a term
ending on June 30, 1995; the member who is a representative of
employers shall serve a term ending on June 30, 1997; and the
member who is a representative of the public shall serve a term
ending on June 30, 1999. Thereafter, terms of office are for six
years, beginning on the first day of July and ending on the
thirtieth day of June.
(C) Each member shall hold office from the date of the
member's confirmation by the senate, as provided in division (E) of this
section, until the end of the term for which the member was
appointed, except that if a member has not been appointed by the end of the
term, the member shall remain in office until a THE MEMBER'S
successor
takes office, or until a period of sixty days has elapsed, whichever
occurs first. However, if a member is appointed to fill a full
term subsequent to an initial appointment, the term of office is
as provided in division (B) of this section. The governor shall
not appoint any person to more than two full six-year terms of
office on the commission. This restriction does not prevent the
governor from appointing a person to fill a vacancy caused by
death, resignation, or removal of a commission member, or from
appointing that person twice to full terms on the commission, or
from appointing a person previously appointed to fill less than a
full term twice to full terms on the commission. Except for the
public member's tenure as chairperson of the
self-insuring employer's evaluation board, a member of the commission shall
hold no other public office or position of trust or profit,
engage in any other occupation or business, or serve on any
committee of any political party and shall devote full time
to the member's duties as a member of the commission.
(D) In making appointments to the commission, the governor
shall select the members from the list of the names submitted by
the industrial commission nominating council pursuant to this
division. Within thirty days after the effective date of this
section, the nominating council shall submit to the governor
for the initial appointments a list containing three separate
names for the employer, employee, and public members to be
filled. Within seven days of the submission of the initial list,
the governor shall either appoint individuals from the list or
request the nominating council to submit another list of three
names for each member the governor has not appointed from the
original list, which list the nominating council shall submit
to the governor within seven days of the governor's request. The
governor then shall appoint, within seven days of the submission
of the second list, individuals from either list to fill each
position for which the governor has not made an appointment from
the original list. Thereafter, within sixty days of a vacancy
occurring as a result of the expiration of a term and within
thirty days after other vacancies occurring on the commission,
the nominating council shall submit an initial list containing
three names for each vacancy. Within seven days of the
submission of the initial list, the governor shall either appoint
individuals from the list or request the nominating council to
submit another list of three names for each member the governor
has not appointed from the original list, which list the
nominating council shall submit to the governor within fourteen
days of the governor's request. The governor then shall appoint,
within seven days of the submission of the second list, one of
the individuals from either list to fill the vacancy for which
the governor has not made an appointment from the original list.
In order for a name of an individual to be submitted to the
governor under this division, the nominating council shall
approve the individual by an affirmative vote of not less than
two-thirds of its members.
(E) The governor shall notify the senate of the names of
the individuals for whom the governor is making the initial
appointments to the commission within thirty days after the submission of the
names to the governor by the industrial commission nominating
council under division (D) of this section. For appointments
subsequent to the initial appointments under this division, if
the appointment is to fill a member's term which is to expire,
the governor shall notify the senate of the name of the
individual to be appointed to fill that position by no later than
the first day of June of the year that the term is to expire.
For subsequent appointments to fill a vacancy on the commission
occurring as a result of the death, resignation, or removal of
the commission member, the governor shall notify the senate of
the name of the individual to be appointed to fill the remainder
of that term within thirty days after the submission of the names
to the governor by the nominating council under division (D) of
this section. For all appointments, the senate shall refer the
matter to an appropriate standing committee for consideration of
the appointments, and the committee shall hold a public hearing
to consider the appointments. After conclusion of the public
hearing, the standing committee shall make its recommendations to
the senate. The senate shall not confirm any appointee if the
individual does not meet the qualifications of division (A) of
this section or if the individual has not been approved by the
industrial commission nominating council as provided in
division (D) of this section. If the full senate fails to take a
final vote on an appointment within thirty days after the
governor submits the names to the senate under this division, the
individual's appointment is deemed confirmed by the senate and
the individual shall take the office of commission member subject
to removal as provided in division (F) of this section.
(F) The governor may remove or suspend a member of the
commission pursuant to section 3.04 of the Revised Code. The
governor shall notify the senate of any decision to remove or
suspend a commission member. The senate shall refer the matter
to an appropriate standing committee for consideration and the
committee shall hold a public hearing to consider the matter. At
the hearing, the governor or the governor's authorized
representative may present evidence and give testimony in support of the
decision. The commission member or the member's authorized
representatives may appear and present evidence and testimony. After
conclusion of the public hearing, the committee shall make its recommendation
to the senate.
Upon receipt of a recommendation from the standing
committee, the senate shall vote on the issue of whether to
advise and consent to the removal or suspension of the member.
The senate shall vote on the matter within sixty legislative days
from the date the governor communicates the decision to
remove or
suspend the member.
(G) The governor shall determine the compensation of the
members of the commission, based upon such facts as the
governor considers appropriate, provided that the salary of each member
shall be no
less than seventy-five thousand dollars per year. In addition,
each commission member shall receive an annual salary increase
based upon the average salary increases of other state department
directors for that year, not to exceed five per cent per year.
(H) Before entering upon the duties of office, each
member shall take and subscribe to the constitutional oath of
office and swear and affirm that the member holds no position
under any committee of a political party, which oath or affirmation the
member shall file in the office of the governor. Each member
shall give a bond in the sum of fifty thousand dollars, which
bond shall be approved by the governor and filed with the
treasurer of state. All employees or deputies of the commission
who receive or disburse state funds shall give a bond to the
state in the amounts and surety approved by the industrial
commission.
Sec. 4121.03. (A) The governor shall appoint FROM AMONG THE MEMBERS OF
THE INDUSTRIAL COMMISSION the initial
chairperson of the industrial commission at the time of
making
initial appointments to the commission under section 4121.02 of
the Revised Code, who. THE CHAIRPERSON shall serve as
chairperson for a term of one
year. Thereafter, the commission annually shall elect one of its
members as chairperson. No member shall be appointed
or elected as chairperson for more than three
consecutive one-year
terms. A majority of the commission
constitutes a quorum to transact business. No vacancy impairs
the rights of the remaining members to exercise all of the powers
of the commission, so long as a majority remains. Any
investigation, inquiry, or hearing that the commission may hold
or undertake may be held or undertaken by or before any one
member of the commission, or by or before one of the deputies of
the commission, except as otherwise provided in this chapter and
Chapters 4123., 4127., and 4131. of the Revised Code, and every
order made by a member, or by a deputy, when approved and
confirmed by a majority of the members, and so shown on its
record of proceedings, is the order of the commission
AT THE PLEASURE OF THE GOVERNOR. THE CHAIRPERSON IS THE
HEAD OF THE COMMISSION AND ITS CHIEF EXECUTIVE OFFICER.
(B) The commission CHAIRPERSON shall appoint a
secretary, AFTER
CONSULTATION WITH OTHER COMMISSION MEMBERS AND OBTAINING THE APPROVAL OF AT
LEAST ONE OTHER COMMISSION MEMBER, AN EXECUTIVE DIRECTOR
of the
commission. THE EXECUTIVE DIRECTOR SHALL SERVE AT THE PLEASURE OF THE
CHAIRPERSON. The secretary EXECUTIVE DIRECTOR, under
the overall policy
direction of
the commission CHAIRPERSON, shall perform all of the following
duties:
(1) Act as chief administrative officer for the
commission;
(2) Ensure that all commission personnel follow the rules
of the commission;
(3) Ensure that all orders, awards, and determinations are
properly heard and signed, prior to attesting to the documents;
(4) Coordinate, to the fullest extent possible, commission
activities with the bureau of workers' compensation activities;
(5) Do all things necessary for the efficient and
effective implementation of the duties of the commission.
The responsibilities assigned to the secretary EXECUTIVE
DIRECTOR of the
commission do not relieve the members of the commission
CHAIRPERSON from final responsibility for the proper performance of the
acts
specified in this division.
(C) The commission CHAIRPERSON shall do all of the following:
(1) Employ EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION,
EMPLOY, promote, supervise, and remove, AND ESTABLISH
THE COMPENSATION OF all employees
as needed in connection with the performance of its THE
COMMISSION'S duties under
this chapter and Chapters 4123., 4127., and 4131. of the Revised
Code and may assign to them their duties to the extent necessary
to achieve the most efficient performance of its functions, and
to that end may establish, change, or abolish positions, and
assign and reassign duties and responsibilities of every employee
of the commission. The civil service status of any person
employed by the commission prior to November 3, 1989, is not
affected by this section. Personnel employed by the bureau or
the commission who are subject to Chapter 4117. of the Revised
Code shall retain all of their rights and benefits conferred
pursuant to that chapter as it presently exists or is hereafter
amended and nothing in this chapter or Chapter 4123. of the
Revised Code shall be construed as eliminating or interfering
with Chapter 4117. of the Revised Code or the rights and benefits
conferred under that chapter to public employees or to any
bargaining unit.
(2) Establish the compensation of HIRE DISTRICT AND staff
hearing officers
and their immediate supervisors and take whatever steps are
necessary to achieve adequate compensation for other hearing
officers AFTER CONSULTATION WITH OTHER COMMISSION MEMBERS AND
OBTAINING THE APPROVAL OF AT LEAST ONE OTHER COMMISSION MEMBER;
(3) FIRE STAFF AND DISTRICT HEARING OFFICERS WHEN THE CHAIRPERSON FINDS
APPROPRIATE AFTER OBTAINING THE APPROVAL OF AT LEAST ONE OTHER COMMISSION
MEMBER;
(4) Maintain its THE office FOR THE COMMISSION
in
Columbus and may hold sessions
at any place within the state;
(4) Hear appeals and reconsiderations as provided in
section 4123.511 of the Revised Code;
(5) To the maximum extent possible, use electronic data
processing equipment for the issuance of orders immediately
following a hearing, scheduling of hearings and medical
examinations, tracking of claims, retrieval of information, and
any other matter within the commission's jurisdiction, and shall
provide and input information into the electronic data processing
equipment as necessary to effect the success of the claims
tracking system established pursuant to division (B)(15) of section
4121.121 of the Revised Code;
(6) EXERCISE ALL ADMINISTRATIVE AND NONADJUDICATORY
POWERS AND DUTIES CONFERRED UPON THE COMMISSION BY
CHAPTERS 4121., 4123., 4127., AND 4131. OF THE REVISED
CODE;
(7) APPROVE ALL CONTRACTS FOR SPECIAL SERVICES.
(D) The commission CHAIRPERSON IS RESPONSIBLE FOR ALL
ADMINISTRATIVE MATTERS AND may secure for itself THE
COMMISSION facilities,
equipment, and supplies necessary to house itself THE
COMMISSION, any employees,
and files and records under its THE COMMISSION'S control and
to discharge any duty
imposed upon it THE COMMISSION by law, the expense thereof to be
audited and
paid in the same manner as other state expenses. For that
purpose, the commission CHAIRPERSON, separately from the budget
prepared by
the administrator of workers' compensation, shall prepare and
submit to the office of budget and management a budget for each
biennium according to sections 101.55 and 107.03 of the Revised
Code. The budget submitted shall cover the costs of the
commission and staff and district hearing officers in the
discharge of any duty imposed upon the CHAIRPERSON, THE
commission, and hearing officers by law.
(E) The commission is responsible for the establishment of
A MAJORITY OF THE COMMISSION CONSTITUTES A QUORUM TO
TRANSACT BUSINESS. NO VACANCY IMPAIRS THE RIGHTS OF THE
REMAINING MEMBERS TO EXERCISE ALL OF THE POWERS OF THE
COMMISSION, SO LONG AS A MAJORITY REMAINS. ANY INVESTIGATION,
INQUIRY, OR HEARING THAT THE COMMISSION MAY HOLD OR UNDERTAKE
MAY BE HELD OR UNDERTAKEN BY OR BEFORE ANY ONE MEMBER OF THE
COMMISSION, OR BEFORE ONE OF THE DEPUTIES OF THE COMMISSION,
EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER AND
CHAPTERS 4123., 4127., AND
4131. OF THE REVISED
CODE. EVERY ORDER MADE BY A
MEMBER, OR BY A DEPUTY, WHEN APPROVED AND CONFIRMED BY A
MAJORITY OF THE MEMBERS, AND SO SHOWN ON ITS RECORD OF
PROCEEDINGS, IS THE ORDER OF THE COMMISSION. THE COMMISSION MAY
HOLD SESSIONS AT ANY PLACE WITHIN THE STATE. THE COMMISSION IS
RESPONSIBLE FOR ALL OF THE FOLLOWING:
(1) ESTABLISHING the overall adjudicatory policy and management of the
commission under this chapter and Chapters 4123., 4127., and 4131. of the
Revised Code, except for those administrative matters within the
jurisdiction of the CHAIRPERSON, bureau of workers'
compensation, and the administrator of workers' compensation under
those chapters;
(2) HEARING APPEALS AND RECONSIDERATIONS UNDER THIS
CHAPTER AND CHAPTERS 4123.,
4127., AND 4131. OF THE REVISED CODE;
(3) ENGAGING IN RULEMAKING WHERE REQUIRED BY THIS
CHAPTER OR CHAPTER 4123.,
4127., OR 4131. OF THE REVISED CODE.
Sec. 4121.09. The industrial commission shall have an official seal for the
authentication of its orders and proceedings, upon which seal shall be
engraved "The Industrial Commission of Ohio," and such other design as the
commission prescribes. The courts in this state shall take judicial notice of
such seal, and in all cases copies of orders, proceedings, or records in the
office of the commission, certified by the secretary EXECUTIVE
DIRECTOR of the commission under
its seal, shall be equal to the original as evidence.
Sec. 4121.10. The industrial commission shall be in continuous session and
open for the transaction of business during all business hours of every day
excepting Sundays and legal holidays. The sessions of the commission shall be
open to the public and shall stand and be adjourned without further notice
thereof on its record. All of the proceedings of the commission shall be
shown on its record, which shall be a public record, and all voting shall be
had by calling the name of each member of the industrial commission by the
secretary EXECUTIVE DIRECTOR, and each member's vote shall be
recorded on the record of
proceedings as cast. The commission shall keep a separate record of its
proceedings relative to claims coming before it for compensation for injured
and the dependents of killed employees, which record shall contain its
findings and the award in each such claim for compensation considered by it,
and in all such claims the reasons for the allowance or rejection thereof
shall be stated in said record.
Sec. 4121.34. (A) The industrial commission shall appoint
a sufficient number of district DISTRICT hearing officers for
the purpose
of hearing SHALL HEAR the matters listed in division (B) of this
section.
District hearing officers are in the classified civil service of
the state, are full-time employees of the INDUSTRIAL commission, and
shall
be persons admitted to the practice of law in this
state. District hearing officers shall not engage in any other activity
that interferes with their full-time employment by the commission
during normal working hours.
(B) District hearing officers shall have original
jurisdiction on all of the following matters:
(1) Determinations under section 4123.57 of the Revised
Code;
(2) All appeals from a decision of the administrator of
workers' compensation under division (B) of section 4123.511 of
the Revised Code;
(3) All other contested claims matters under this chapter
and Chapters 4123., 4127., and 4131. of the Revised Code, except
those matters over which staff hearing officers have original
jurisdiction.
(C) The administrator of workers' compensation shall make
available to each district hearing officer the facilities and
assistance of bureau employees and furnish all information
necessary to the performance of the district hearing officer's
duties.
(D) A district hearing officer shall report to the inspection division of the
bureau of workers' compensation suspected fraudulent activity pertaining to
the operation of the workers' compensation system and its several insurance
funds as evidenced during any hearing in which the hearing officer is present
or as evidenced by any material submitted for use in a hearing. A district
hearing officer shall be held harmless for submitting a report under this
division. The inspection division shall maintain in confidence the identity
of any hearing officer who submits a report under this division.
Sec. 4121.35. (A) The industrial commission shall appoint
staff STAFF hearing officers to SHALL consider and
decide all matters
specified in division (B) of this section. All staff hearing
officers are full-time employees of the INDUSTRIAL commission and shall
be
admitted to the practice of law in this state. Staff hearing officers
shall not
engage in any other activity that interferes with their full-time
employment by the commission during normal working hours.
(B) Except as provided in division (D) of this section,
staff hearing officers have original jurisdiction to hear and
decide the following matters:
(1) Applications for permanent total impairment awards
pursuant to section 4123.58 of the Revised Code;
(2) Appeals from an order of a district hearing officer
issued under division (C) of section 4123.511 of the Revised
Code;
(3) Applications for additional awards for violation of a
specific safety rule of the administrator of workers'
compensation pursuant to Section 35 of Article II of the Ohio
Constitution;
(4) Reviews of settlement agreements pursuant to section
4123.65 of the Revised Code. Decisions of the staff hearing
officer under that section are final and not appealable to the
commission or to court under section 4123.511 or 4123.512 of the
Revised Code.
(C) The decision of a staff hearing officer under division
(D) of section 4123.511 of the Revised Code is the decision of
the commission for the purposes of section 4123.512 of the
Revised Code unless the commission hears an appeal under division
(E) of section 4123.511 of the Revised Code.
(D) Staff hearing officers shall hold hearings on all
matters referred to them for hearing. Hearing procedures shall
conform to the rules the commission adopts pursuant to section
4121.36 of the Revised Code.
(E) A staff hearing officer shall report to the inspection division of the
bureau of workers' compensation suspected fraudulent activity pertaining to
the operation of the workers' compensation system and its several insurance
funds as evidenced during any hearing which the the hearing officer is present
or as evidenced by any material submitted for use in a hearing. A staff
hearing officer shall be held harmless for submitting a report under this
division. The inspection division shall maintain in confidence the identity
of any hearing officer who submits a report under this division.
Sec. 4123.511. (A) Within seven days after receipt of
any claim under this chapter, the bureau of workers' compensation
shall notify the claimant and the employer of the claimant of the
receipt of the claim and of the facts alleged therein. If the
bureau receives from a person other than the claimant written or
telecommunicated information indicating that an injury has occurred or
an occupational disease that may be
compensable under this chapter has been diagnosed by a licensed
physician, the bureau shall notify the
employee and the employer of the information. If the information
is provided by any method of telecommunication, the person
providing the information shall provide written verification of
the information to the bureau according to division (E) of
section 4123.84 of the Revised Code. The receipt of the
information in writing, or if by a method of telecommunications,
the written verification, and the notice by the bureau shall be
considered an application for compensation under section 4123.84
or 4123.85 of the Revised Code provided that the conditions of
division (E) of section 4123.84 of the Revised Code apply to
information provided by a method of telecommunication. Upon
receipt of a claim, the bureau shall advise the claimant of the
claim number assigned and the claimant's right to representation
in the processing of a claim or to elect no representation. If
the bureau determines that a claim is determined to be a
compensable lost time claim, the bureau shall notify the claimant
and the employer of the availability of rehabilitation services.
No bureau or industrial commission employee shall directly or
indirectly convey any information in derogation of this right.
This section shall in no way abrogate the bureau's responsibility
to aid and assist a claimant in the filing of a claim and to
advise the claimant of the claimant's rights under the law.
The administrator of workers' compensation shall assign all
claims and investigations to the bureau service office from which
investigation and determination may be made most expeditiously.
The bureau shall investigate the facts concerning an injury or
occupational disease and ascertain such facts in whatever manner
is most appropriate and may obtain statements of the employee,
employer, attending physician, and witnesses in whatever manner
is most appropriate.
(B)(1) Except as provided in division (B)(2) of this
section, in claims other than those in which the employer is a
self-insuring employer, if the administrator determines under
division (A) of this section that a claimant is or is not
entitled to an award of compensation or benefits, the
administrator shall issue an order,
no later than
twenty-eight days after the sending of the notice under division
(A) of this section, granting or denying the payment of the
compensation or benefits, or both as is appropriate to the
claimant. Notwithstanding the time limitation specified in this division for
the issuance of an order, if a medical examination of the claimant is required
by statute, the administrator promptly shall schedule the claimant for that
examination and shall issue an order no later than twenty-eight days after
receipt of the report of the examination. The administrator shall notify the
claimant and the
employer of the claimant and their respective representatives in
writing of the nature of the order and the amounts of
compensation and benefit payments involved. The employer or
claimant may appeal the order pursuant to division (C) of this
section within fourteen days after the date of the receipt of the
order. The employer and claimant may waive, in writing, their
rights to an appeal under this division.
(2) Notwithstanding the time limitation specified in
division (B)(1) of this section for the issuance of an order, if
the employer certifies a claim for payment of compensation or
benefits, or both, to a claimant, and the administrator has
completed the investigation of the claim, the payment of
benefits
or compensation, or both, as is appropriate, shall commence upon
the later of the date of the certification or completion of the
investigation and issuance of the order by the administrator,
provided that the administrator shall issue the order no later
than the time limitation specified in division (B)(1) of this
section.
(3) If an appeal is made under division (B) of
this section, the administrator shall forward the claim file to
the appropriate district hearing officer within seven days of the
appeal. In contested claims other than state fund claims, the
administrator shall forward the claim within seven days of the administrator's
receipt of the claim to the commission,
which shall refer
the claim to an appropriate district hearing officer for a
hearing in accordance with division (C) of this section.
(C) If an employer or claimant timely appeals the order of
the administrator issued under division (B) of this section or in
the case of other contested claims other than state fund claims,
the commission shall refer the claim to an appropriate district
hearing officer according to rules the commission adopts under
section 4121.36 of the Revised Code. The district hearing
officer shall notify the parties and their respective
representatives of the time and place of the hearing.
The district hearing officer shall hold a hearing on a
disputed issue or claim within
forty-five days after the filing of the appeal under this division and
issue a decision within seven days after holding the hearing. The
district hearing officer shall notify the parties and their respective
representatives in writing of the order. Any party may
appeal an
order issued under this division pursuant to division (D) of this
section within fourteen days after receipt of the order under
this division.
(D) Upon the timely filing of an appeal of the order of
the district hearing officer issued under division (C) of this
section, the commission shall refer the claim file to an
appropriate staff hearing officer according to its rules adopted
under section 4121.36 of the Revised Code. The staff hearing
officer shall hold a hearing within forty-five days after the
filing of an appeal under this division and issue a decision
within seven days after holding the
hearing under this
division. The staff hearing officer shall notify the parties and
their respective representatives in writing of the staff hearing
officer's order. Any
party may appeal an order issued under this division pursuant to
division (E) of this section within fourteen days after receipt
of the order under this division.
(E) Upon the filing of a timely appeal of the order of the
staff hearing officer issued under division (D) of this section,
the commission or a designated staff hearing officer, on behalf of the
commission, shall determine whether the commission
will hear the appeal. If the commission or the designated staff
hearing officer decides to hear the appeal, the
commission or the designated staff hearing officer shall notify the
parties and their respective representatives in
writing of the time and place of the hearing. The commission
shall hold the hearing within forty-five days after the filing of
the notice of appeal and, within seven days after the conclusion
of the hearing, the commission shall issue its order affirming,
modifying, or reversing the order issued under division (D) of
this section. The commission shall notify the parties and their
respective representatives in writing of the order. If the
commission or the designated staff hearing officer determines not to
hear the appeal, within fourteen days after the filing of
the notice of appeal, the commission or the designated staff hearing
officer shall issue an order to that effect and notify the parties and
their respective representatives in writing of that order.
Except as otherwise provided in this chapter and Chapters
4121., 4127., and 4131. of the Revised Code, any party may appeal
an order issued under this division to the court pursuant to
section 4123.512 of the Revised Code within sixty days after
receipt of the order, subject to the limitations contained in
that section.
(F) Every notice of an appeal from an order issued under
divisions (B), (C), (D), and (E) of this section shall state the
names of the claimant and employer, the number of the claim, the
date of the decision appealed from, and the fact that the
appellant appeals therefrom.
(G) All of the following apply to the proceedings under
divisions (C), (D), and (E) of this section:
(1) The parties shall proceed promptly and without
continuances except for good cause;
(2) The parties, in good faith, shall engage in the free
exchange of information relevant to the claim prior to the
conduct of a hearing according to the rules the commission adopts
under section 4121.36 of the Revised Code;
(3) The administrator is a party and may appear and participate at all
administrative proceedings on behalf of the state insurance fund.
However, in cases in which the employer is represented, the administrator
shall neither present arguments nor introduce testimony that is cumulative to
that presented or introduced by the employer or the employer's representative.
The administrator may file an appeal under this section on behalf of the
state insurance fund; however, except in cases arising under section 4123.343
of the Revised Code, the administrator only may appeal questions of law or
issues of fraud when the employer appears in person or by representative.
(H) Except as provided in division (J) of this section,
payments of compensation to a claimant or on behalf of a claimant
as a result of any order issued under this chapter shall commence
upon the earlier of the following:
(1) Fourteen days after the date the administrator issues
an order under division (B) of this section, unless that order is
appealed;
(2) The date when the employer has waived the right to
appeal a decision issued under division (B) of this section;
(3) If no appeal of an order has been filed under this
section or to a court under section 4123.512 of the Revised Code,
the expiration of the time limitations for the filing of an
appeal of an order;
(4) Twenty-one days after the date of receipt by the
employer of an order of a district hearing officer, a staff hearing officer,
or
the industrial commission issued under division (C), (D),
or (E) of this section.
(I) No medical benefits payable under this chapter or
Chapter 4121., 4127., or 4131. of the Revised Code are payable
until the earlier of the following:
(1) The date of the issuance of the staff hearing
officer's order under division (D) of this section;
(2) The date of the final administrative or judicial
determination.
(J) Upon the final administrative or judicial
determination, if a claimant is found to have received
compensation to which the claimant was not entitled,
the claimant's employer, if a self-insuring
employer, or the bureau, shall withhold from any
amount to which the claimant becomes entitled pursuant to any
claim, past, present, or future, under Chapter 4121., 4123.,
4127., or 4131. of the Revised Code, the amount to which the
claimant was not entitled pursuant to the following criteria:
(1) No withholding for the first twelve weeks of temporary
total disability compensation pursuant to section 4123.56 of the
Revised Code shall be made;
(2) Forty per cent of all awards of compensation paid
pursuant to sections 4123.56 and 4123.57 of the Revised Code,
until the amount overpaid is refunded;
(3) Twenty-five per cent of any compensation paid pursuant
to section 4123.58 of the Revised Code until the amount overpaid
is refunded;
(4) If, pursuant to an appeal under section 4123.512 of
the Revised Code, the court of appeals or the supreme court
reverses the allowance of the claim, then no amount of any
compensation will be withheld.
(K) If a staff hearing officer or the commission fails to
issue a decision or the commission fails to refuse to hear an
appeal within the time periods required by this section, payments
to a claimant shall cease until the staff hearing officer or
commission issues a decision or hears the appeal, unless the
failure was due to the fault or neglect of the employer or the
employer agrees that the payments should continue for a longer
period of time.
(L) Except as OTHERWISE provided in THIS SECTION OR section
4123.522 of the Revised
Code, no appeal is timely filed under this section unless the
appeal is filed with the time limits set forth in this section.
(M) No person who is not an employee of the bureau or
commission or who is not by law given access to the contents of a
claims file shall have a file in the person's possession.
(N) UPON APPLICATION OF A PARTY WHO RESIDES IN
AN AREA IN WHICH AN EMERGENCY OR DISASTER IS DECLARED, THE
INDUSTRIAL COMMISSION AND HEARING OFFICERS OF THE COMMISSION MAY
WAIVE THE TIME FRAME WITHIN WHICH CLAIMS AND APPEALS OF CLAIMS
SET FORTH IN THIS SECTION MUST BE FILED UPON A FINDING THAT THE
APPLICANT WAS UNABLE TO COMPLY WITH A FILING DEADLINE DUE TO AN
EMERGENCY OR A DISASTER.
AS USED IN THIS DIVISION:
(1) "EMERGENCY" MEANS ANY OCCASION OR INSTANCE FOR WHICH
THE GOVERNOR OF OHIO OR THE PRESIDENT OF THE UNITED
STATES
PUBLICLY DECLARES AN EMERGENCY AND ORDERS STATE OR FEDERAL
ASSISTANCE TO SAVE LIVES AND PROTECT PROPERTY, THE PUBLIC HEALTH
AND SAFETY, OR TO LESSEN OR AVERT THE THREAT OF A CATASTROPHE.
(2) "DISASTER" MEANS ANY NATURAL CATASTROPHE OR FIRE,
FLOOD, OR EXPLOSION, REGARDLESS OF THE CAUSE, THAT CAUSES DAMAGE
OF SUFFICIENT MAGNITUDE THAT THE GOVERNOR OF OHIO OR THE
PRESIDENT OF THE UNITED STATES, THROUGH A PUBLIC
DECLARATION,
ORDERS STATE OR FEDERAL ASSISTANCE TO ALLEVIATE DAMAGE, LOSS,
HARDSHIP, OR SUFFERING THAT RESULTS FROM THE OCCURRENCE.
Section 2. That existing sections 4121.01, 4121.02, 4121.03,
4121.09, 4121.10, 4121.34, 4121.35, and 4123.511 and section 3317.015 of the
Revised Code are
hereby
repealed.
Section 3. All items in this section are hereby appropriated out of any
moneys in the state treasury to the credit of the designated fund. For all
appropriations made in this section, those in the first column are for fiscal
year 1998, and those in the second column are for fiscal year 1999.
OIC INDUSTRIAL COMMISSION
FND | ALI | ALI TITLE | | FY 1998 | | FY 1999 |
Workers' Compensation Fund Group
023 | 845-321 | Operating Expenses | $ | 42,470,433 | $ | 44,627,357 |
023 | 845-410 | Attorney General Payments | $ | 2,358,762 | $ | 2,551,421 |
023 | 845-402 | Rent - William Green Building | $ | 4,448,792 | $ | 4,573,358 |
821 | 845-605 | Service Account | $ | 176,258 | $ | 181,196 |
TOTAL WCF Workers' Compensation | | | | |
Fund Group | $ | 49,454,245 | $ | 51,933,332 |
TOTAL ALL BUDGET FUND GROUPS | $ | 49,454,245 | $ | 51,933,332 |
Rent - William Green Building
The foregoing appropriation item 845-402, Rent - William Green Building, shall
be used for rent and operating expenses for the space occupied by the
Industrial Commission in the William Green Building.
Service Account
The foregoing appropriation item 845-605, Service Account, shall be used for
any expense related to funds collected and deposited in Fund 821, such as coin
copier expense, coin changer purchases, expenses related to conferences that
produce revenue, publications that produce revenue, and replacement of
furniture and equipment.
Section 4. Within the limits set forth in this act, the Director of Budget and
Management shall establish accounts indicating the source and amount of funds
for each appropriation made in this act, and shall determine the form and
manner in which appropriation accounts shall be maintained.
The appropriations made in this act are subject to all provisions of H.B. 215
of the 122nd General Assembly that are generally applicable to such
appropriations.
Section 5. Reissuance of Voided WarrantsIn order to provide funds for the reissuance of voided warrants pursuant to
section 117.47 of the Revised Code, there is hereby appropriated, out of
moneys in the state treasury from the fund credited as provided in section
117.47 of the Revised Code, that amount sufficient to pay such warrants when
approved by the Office of Budget and Management.
Section 6. Judgments Against StateAny appropriations contained in this act, except those to be applied to or
used for payment of guarantees by or on behalf of the state or for debt
service on bonds, notes, or certificates of participation, may be used
pursuant to section 2743.15, 2743.19, or 2743.191 of the Revised Code for the
purpose of satisfying judgments, settlements, or administrative awards ordered
or approved by the Court of Claims in connection with civil actions against
the state.
Section 7. Reappropriation of Unexpended BalancesNotwithstanding section 131.33 of the Revised Code, unexpended balances of
appropriations and reappropriations against which encumbrances have been
lawfully incurred by a state agency are, at the close of fiscal year 1997, to
the extent of such encumbrances, hereby reappropriated from the funds from
which they were originally appropriated and reappropriated and, except for
encumbrances for items of special order manufacture not available on term
contract or open market, made available for the purpose of discharging such
encumbrances for a period of five months from the end of the fiscal year.
Unexpended balances of appropriations and reappropriations against which
encumbrances for items of special order manufacture not available on term
contract or in the open market have been lawfully incurred are, at the close
of the fiscal year, to the extent of such encumbrances, hereby reappropriated
and made available for the purpose of discharging such encumbrances for a
period of five months from the end of the fiscal year or, if the Director of
Budget and Management approves, for a period of not more than twelve months
from the end of the fiscal year.
Any items for which unexpended balances are reappropriated beyond a five-month
period from the end of the fiscal year shall be reported to the Controlling
Board by the Director of Budget and Management. The report on each such item
shall include the item, the cost of the item, the vendor involved, and the
delivery date. Such reports to the board shall be updated on a quarterly
basis while the encumbrance remains open.
After any such period, reappropriations made for the purpose of discharging
encumbrances for operating expenses, defined as those encumbrances incurred
for personal services, maintenance, and equipment, are canceled.
Reappropriations for encumbrances other than operating expenses or items of
special manufacture not available on term contract or in the open market may
be extended by obtaining the approval of the Director of Budget and
Management.
Section 8. The Chairperson of the Industrial Commission shall on or before
December 31,
1997, and subsequently on or before June 30, 1998, December 31, 1998, and June
30, 1999, prepare and present a report to the chairperson and ranking members
of the standing committees of the House of Representatives and Senate to which
matters dealing with workers' compensation and the Industrial Commission are
normally referred, and to ranking members of both committees. Each report
shall
contain information relative to the number of cases disposed of in the
immediately preceding six-month period, the number of cases pending, and the
number of cases on appeal as well as the efforts the Commission has made in
maintaining and improving communication with the Administrator of Workers'
Compensation and the Bureau of Workers' Compensation.
Section 9. If any item of law that constitutes the whole or
part of a codified or uncodified section of law contained in this act, or if
any application of any item of law that constitutes the whole or
part of a codified or uncodified section of law contained in this act, is held
invalid, the invalidity does not affect other items of law or
applications of items of law that can be given effect without
the invalid item of law or application. To this end, the items
of law of which the codified and uncodified sections of law contained in this
act are composed, and their applications, are independent and severable.
Section 10. Except as otherwise specifically provided in this act, the
codified
and uncodified sections of law contained in this act, and the
items of law of which the codified and uncodified sections of law contained in
this act
are composed, are not subject to the referendum. Therefore,
under Ohio Constitution, Article II, Section 1d and section
1.471 of the Revised Code, the codified and uncodified sections of law
contained in this act, and the items of law of which the codified and
uncodified sections of law contained
in this act are composed, go into immediate effect when this act
becomes law.
Section 11. Sections 4121.01, 4121.02, 4121.03, 4121.34, and
4121.35 of the Revised Code, as amended by this act, and the
items of law of which such sections of the Revised Code, as
amended by this act, are composed, are subject to the referendum. Therefore,
under Ohio Constitution, Article II, Section 1c and section
1.471 of the Revised Code, such sections as amended by this act,
and the items of law of which such sections as amended by this
act are composed, take effect on the ninety-first day after this
act is filed with the Secretary of State. If, however, a
referendum petition is filed against any such section as amended
by this act, or against any item of law of which any such
section as amended by this act is composed, the section as
amended, or item of law, unless rejected at the referendum,
takes effect at the earliest time permitted by law.
Section 12. Section 4123.511 of the Revised Code is
amended by this act and also by Am. Sub. S.B. 45 of the 122nd General Assembly
(effective July 22, 1997). The amendments of Am. Sub. S.B. 45 are included in
lower case to confirm the intention to retain them, but are not intended to be
effective until July 22, 1997.
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