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|
As Passed by the House
122nd General Assembly
Regular Session
1997-1998 | Am. Sub. H. B. No. 363 |
REPRESENTATIVES THOMPSON-JOHNSON-AMSTUTZ-O'BRIEN-CORE-CATES-
VESPER-CORBIN-GARCIA-BRADING
A BILL
To amend sections 121.03, 2317.45, 4121.12, 4121.121, 4121.125, 4123.511,
4123.512, and 4123.57 of the Revised Code
to make appropriations for the
Bureau of Workers' Compensation for the biennium beginning
July 1, 1997, and
ending June 30, 1999, and to provide authorization and conditions for the
operation of Bureau of Workers' Compensation
programs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 121.03, 2317.45, 4121.12, 4121.121, 4121.125,
4123.511, 4123.512, and 4123.57 of the Revised Code be amended to read as
follows:
Sec. 121.03. The following administrative department heads
shall be appointed by the governor, with the advice and consent
of the senate, and shall hold their offices during the term of
the appointing governor, except as provided in division
(W) of this section, and are subject to removal at the
pleasure of the governor.
(A) The director of budget and management;
(B) The director of commerce;
(C) The director of transportation;
(D) The director of agriculture;
(E) The director of human services;
(F) Until July 1, 1997, the director of liquor control;
(G) The director of public safety;
(H) The superintendent of insurance;
(I) The director of development;
(J) The tax commissioner;
(K) The director of administrative services;
(L) The administrator of the bureau of employment
services;
(M) The director of natural resources;
(N) The director of mental health;
(O) The director of mental retardation and developmental
disabilities;
(P) The director of health;
(Q) The director of youth services;
(R) The director of rehabilitation and correction;
(S) The director of environmental protection;
(T) The director of aging;
(U) The director of alcohol and drug addiction services;
(W)(V) The administrator of workers' compensation who meets
the qualifications required under division (A) of section 4121.121 of the
Revised Code, who shall serve as administrator, subject to removal at the
pleasure of the governor, until the date the workers' compensation oversight
commission appoints the administrator as provided in division (F)(10) of
section 4121.12 of the Revised Code.
Sec. 2317.45. (A) As used in this section:
(1) "Collateral benefits" means benefits that are paid by any
source, including workers' compensation benefits,
to or on behalf of the plaintiff as a result of an injury or loss to
person or property, regardless of whether there is an obligation to pay back
the money or other benefits, in whole or in part, upon recovery in a tort
action. "Collateral benefits" does not include life insurance proceeds.
(2) "Tort action" means a civil action for
damages for injury, death, or loss to person or property.
"Tort action" includes a product liability claim but does not
include a civil action for damages for a breach of contract or
another agreement between persons.
(3) "Trier of fact" means the jury or, in a nonjury action, the court.
(B) In determining the
amount of the compensatory damages that are recoverable by
the plaintiff in a tort action, the
trier of fact shall consider, if presented in the tort action, relevant
collateral benefits that have been paid, or that the source of the benefits
has acknowledged are payable, from insurance other than insurance for which
the plaintiff, spouse of the plaintiff, or
parent of the plaintiff if the plaintiff is a minor, has paid a premium,
insurance that is subject to a right of subrogation, WORKERS' COMPENSATION
BENEFITS THAT ARE SUBJECT TO A RIGHT OF SUBROGATION, or insurance
that has any
other obligation of repayment, including, but not limited to, evidence of the
amount of the collateral benefit and of the costs, premiums, or charges for
the collateral benefits.
(C) This section does not apply as follows:
(1) In tort actions against the state in the court of
claims. Division (D) of section 2743.02 or
division (B)(2) of section 3345.40 of the Revised Code applies to
collateral recoveries or sources of plaintiffs in those tort actions.
(2) In tort actions against political subdivisions of this
state that are commenced under or are subject to Chapter 2744. of
the Revised Code. Division (B) of section 2744.05
of the Revised Code applies to collateral sources of plaintiffs in those tort
actions.
(D) This section shall be considered to be purely remedial in operation and
shall be applied in a remedial manner in any civil action commenced on or
after the effective date of the amendment to this section
JANUARY 27, 1997, in which this section is relevant,
regardless of when the cause of action accrued and notwithstanding any other
section of the Revised Code or prior rule of law of this state, but shall not
be construed to apply to any civil action pending prior to the effective
date of the amendment to this section JANUARY 27,
1997.
Sec. 4121.12. (A) There is hereby created the
workers'
compensation oversight commission consisting of nine members, of
which members the governor shall appoint five with the advice and consent of
the senate. Of
the five members the governor appoints, two shall be individuals
who, on
account of their previous vocation, employment, or affiliations,
can be classed
as representative of employees, at least one of whom is representative of
employees who
are members of an employee organization; two shall be
individuals who, on
account of their previous vocation, employment, or affiliations,
can be classed
as representative of employers, one of whom represents
self-insuring employers and one of whom has
experience as an employer in compliance with section 4123.35 of the Revised
Code
other than a self-insuring employer, and one of those two representatives also
shall represent employers whose employees are not members of an employee
organization; and one shall represent the public and also be an individual
who, on account of the individual's previous vocation, employment, or
affiliations, cannot be classed as either predominantly representative of
employees or of employers. The
governor shall select the chairperson of the
commission who shall serve as chairperson at the pleasure of the
governor. No more than three members
appointed by
the governor shall belong to or be affiliated with the same
political party.
Each of these five members shall have at least three years'
experience in the field of insurance, finance, workers'
compensation, law, accounting, actuarial, personnel, investments,
or data processing, or in the management of an organization whose
size is commensurate with that of the bureau of workers'
compensation. At least one of these five members shall be an
attorney licensed under Chapter 4705. of the Revised Code to practice
law in this state.
(B) Of the initial appointments made to the
commission, the governor shall appoint one member who represents
employees to a term ending one year after September 1,
1995, one member who
represents employers to a term ending two
years after the effective date of
this section, the member who represents the public to a term
ending three years after
September 1,
1995, one member who represents
employees to a term ending four years after September 1,
1995, and one member who
represents employers to a term
ending five years after
September 1, 1995. Thereafter, terms of office shall
be for five years, with each term ending on the same day of the same
month as did the
term that it succeeds. Each member shall hold office from the
date of his appointment until the end of the term for which the
member was appointed.
The governor shall not appoint any person to more than two
full terms of office on the commission. This restriction does
not prevent the governor from appointing a person to fill a
vacancy caused by the death, resignation, or removal of a
commission member and also 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. Any member appointed to fill a vacancy occurring
prior to the expiration date of the term for which the
member's predecessor was appointed shall hold office as a member for the
remainder of that term. A member shall continue in office subsequent to the
expiration date of the member's term until
a successor takes
office or until a period of sixty days has elapsed, whichever
occurs first.
(C) In making appointments to the commission, the
governor shall
select the members from the
list of names
submitted by the workers' compensation oversight commission
nominating committee pursuant to this division. Within fourteen
days after the governor calls the initial meeting of the nominating committee
pursuant to division (C) of section 4121.123 of the Revised Code, the
nominating committee
shall submit to
the governor, for the initial appointments, a list containing
four separate
names for each of the members on the
commission. Within
fourteen days after the submission of the list, the governor
shall appoint individuals from the list.
For the appointment of the member who is representative of employees who
are members of an employee organization, both for initial appointments and for
the filling of vacancies, the list of four names submitted by the nominating
committee shall be comprised of four individuals who are members of the
executive committee of the largest statewide labor federation.
Thereafter, within sixty days after 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
committee shall
submit a list containing four names for each vacancy.
Within fourteen
days after the submission of the list, the governor shall
appoint individuals from the list.
With respect to the filling of
vacancies, the nominating committee shall provide the governor with a list of
four individuals who are, in the judgment of the nominating committee, the
most fully qualified to accede to membership on the
commission. The nominating committee shall not include the name of
an individual upon the list for the filling of vacancies if the appointment of
that individual by the governor would result in more than three members of the
commission belonging to or being affiliated with the same political party.
The committee shall include on the list for the filling of vacancies only the
names of attorneys admitted to practice law in this state if, to fulfill the
requirement of division (A) of section 4121.12 of the Revised Code, the vacancy must
be filled by an attorney.
In order for the name of an individual to be submitted to the
governor under
this division, the nominating committee shall approve the
individual by an
affirmative vote of a majority of its members.
(D) The remaining four members of the commission
shall be the chairperson and ranking minority member of
the standing committees of the house of representatives and of the senate to
which legislation concerning this chapter and Chapters 4123., 4127., and 4131.
of the Revised Code normally are
referred, or a designee of the chairperson or ranking
minority member, provided
that the designee is a member of the standing committee. Legislative members
shall serve during the session of the general
assembly to which they are elected and for as long as they are members of the
general assembly. Legislative members shall serve in an advisory capacity to
the
commission and shall have no voting rights on matters coming
before the
commission. Membership on the commission by legislative members
shall not be
deemed as holding a public office.
(E) All members of the commission shall receive
their reasonable
and necessary expenses pursuant to section 126.31 of the Revised Code while
engaged in the
performance of their duties as members. Legislative members
also shall receive fifty dollars per meeting that they attend. Members
appointed by the governor also shall receive an annual salary as follows:
(a)(1) On and before August 31, 1998, not to exceed
six thousand dollars payable at
the rate of five hundred dollars per month. A member shall receive
the monthly five hundred dollar salary only if
the member has attended at least one
meeting of the commission during that month. A member may receive no more
than the monthly five hundred dollar salary regardless of
the number of
meetings held by the commission during a month or the number of meetings
in excess of one within a month that the member attends.
(b)(2) After August 31, 1998, not to exceed eighteen
thousand dollars payable at the rate of fifteen hundred dollars per month. A
member shall receive the monthly fifteen hundred dollar salary only if the
member has attended at least one meeting of the commission during that month.
A member may receive no more than the monthly fifteen hundred dollar salary
regardless of the number of meetings held by the commission during the month
or the number of meetings in excess of one within a month that the member
attends.
The administrator of workers' compensation shall provide professional and
clerical assistance to the commission, as the commission considers
appropriate.
(F) The commission shall:
(1) Review progress of the bureau in meeting its
cost and quality objectives and in complying with this chapter
and
Chapters 4123., 4127., and 4131. of the Revised Code;
(2) Issue an annual report on the cost and quality objectives of the
bureau
to the president of the senate, the speaker of the house of representatives,
and the governor;
(3) Review all independent financial audits of the bureau. The
administrator shall provide access to records of the bureau to facilitate the
review required under this division.
(4) Study issues as requested by the administrator or the governor;
(5) Contract with an independent actuarial firm to assist the commission
in making recommendations to the administrator regarding premium rates;
(6) Establish objectives, policies, and
criteria for the
administration of the investment program that include
asset allocation targets and ranges, risk factors, asset class
benchmarks, time horizons, total return objectives, and
performance evaluation guidelines, and
monitor the administrator's progress in implementing the
objectives, policies, and criteria on a quarterly basis. The commission
shall
publish the objectives, policies, and criteria no less than
annually and shall make copies available to interested parties. The
commission shall prohibit, on a prospective basis,
specific investment activity it finds to be contrary to its investment
objectives, policies, and criteria.
The investment policy in existence on the effective date of this amendment
shall continue until the commission approves objectives, policies, and
criteria for the administration of the investment program pursuant to this
section.
(7) Advise and consent on all of the following:
(a) Administrative rules the administrator submits
to it pursuant to division (B)(5) of section 4121.121 of the Revised Code for
the
classification of occupations or industries, for premium rates and
contributions, for the amount to be credited to the surplus fund, for rules
and systems of rating, rate revisions, and merit rating;
(b) The overall
policy of the bureau of workers' compensation as set by the administrator;
(c) The duties and authority conferred upon the
administrator pursuant to section 4121.37 of the Revised Code;
(d) Rules the administrator adopts for the health partnership
program and the qualified health plan system, as provided in sections 4121.44,
4121.441, and 4121.442 of the Revised Code.
(8) Perform all duties required under section 4121.125 of the Revised
Code;
(9) After August 31, 1998, appoint an administrator who meets
the qualifications required under section 4121.121 of the Revised Code and fix
the salary of the
administrator, the amount of which the commission shall base upon the
experience
of the administrator and the responsibilities and duties of the administrator
pursuant to this chapter and Chapters 4123., 4127., and 4131. of the Revised
Code.
(G) The commission may enter into an employment contract with an
administrator it appoints, provided that the contract does not exceed two
years
in length.
(H) As used in this section, "employee organization" means any
labor or bona fide organization in which employees participate and which
exists
for the purpose, in whole or in part, of dealing with employers concerning
grievances, labor disputes, wages, hours, terms and other conditions of
employment.
Sec. 4121.121. (A) There is hereby created the bureau of
workers' compensation, which shall be administered by the administrator of
workers' compensation. A person appointed to the position of administrator
shall possess significant management experience in effectively managing an
organization or organizations of substantial size and complexity. Before
September 1, 1998, the THE governor shall appoint the
administrator as provided in section 121.03 of the
Revised Code,
and the administrator shall
serve at the pleasure of the governor. The governor shall fix the
administrator's salary
on the basis of the administrator's experience and the administrator's
responsibilities and duties under this
chapter and Chapters 4123., 4127., and 4131. of
the Revised Code. The governor shall not appoint to the position of
administator any person who has, or whose spouse has, given a contribution to
the campaign committee of the governor in
an amount greater than one thousand dollars during the two-year period
immediately preceding the date of the appointment of the administrator.
After
August 31, 1998, the workers' compensation
oversight commission shall appoint the administrator as provided in division
(F)(9) of
section 4121.12 of the Revised Code, and the administrator shall serve at the
pleasure of the
oversight commission. The oversight commission
shall fix the administrator's salary on the basis of the administrator's
experience and the administrator's responsibilities and duties under this
chapter and Chapters 4123.,
4127., and 4131. of the Revised Code.
The administrator shall hold no other public office and shall devote
full time to the duties of administrator.
Before entering upon the duties of the office, the
administrator shall take an oath of office as required by
sections 3.22 and 3.23 of the Revised Code, and shall file in the office of
the secretary of
state, a bond signed by the administrator and by surety
approved by the governor, for the
sum of fifty thousand dollars payable to the state, conditioned upon the
faithful performance of the administrator's duties.
(B) The administrator
is responsible for the management of the bureau of workers'
compensation and for the discharge of all administrative duties
imposed upon the administrator in this chapter and Chapters
4123., 4127., and
4131. of the Revised Code, and in the discharge thereof shall do
all of the following:
(1) Establish the overall administrative policy
of the bureau for the purposes of this chapter and Chapters 4123.,
4127., and 4131. of the Revised Code, and perform all acts and exercise all
authorities
and powers, discretionary and otherwise that are required
of or vested in the bureau or any of its employees in this chapter and
Chapters 4123., 4127., and 4131. of the Revised Code, except the acts and the
exercise of authority and power that is required of and
vested in the oversight commission or the industrial commission pursuant to
those chapters. The treasurer
of state shall honor all warrants signed by the administrator, or
by one or more of the administrator's employees, authorized
by the administrator
in writing, or bearing the facsimile signature of the
administrator or such employee under sections 4123.42 and 4123.44
of the Revised Code.
(2) Employ, direct, and supervise all employees required
in connection with the performance of the duties assigned to the
bureau by this chapter and Chapters 4123., 4127., and 4131. of
the Revised Code, and may establish job classification plans and
compensation for all employees of the bureau provided that this
grant of authority shall not be construed as affecting any
employee for whom the state employment relations board has
established an appropriate bargaining unit under section 4117.06
of the Revised Code. All positions of employment in the bureau
are in the classified civil service except those employees the
administrator may appoint to serve at the administrator's
pleasure in the unclassified civil service pursuant to section
124.11 of the Revised Code. The administrator shall fix the salaries of
employees the administrator appoints to serve at
the administrator's pleasure, including the chief operating
officer, staff physicians, and other senior management personnel of the
bureau AND SHALL ESTABLISH THE COMPENSATION OF STAFF ATTORNEYS OF THE
BUREAU'S LEGAL SECTION AND THEIR IMMEDIATE SUPERVISORS, AND TAKE WHATEVER
STEPS ARE NECESSARY TO PROVIDE ADEQUATE COMPENSATION FOR OTHER STAFF
ATTORNEYS.
(3) Reorganize the work of the bureau, its sections,
departments, and offices 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 bureau. All
persons employed by the commission in positions that,
after
November 3, 1989, are supervised and directed by the
administrator under this section are transferred to the bureau in
their respective classifications but subject to reassignment and
reclassification of position and compensation as the
administrator determines to be in the interest of efficient
administration. The civil service status of any person employed
by the commission 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.
(4) Provide offices, equipment, supplies, and other
facilities for the bureau. The administrator also
shall provide suitable office space in the service offices for
the district hearing officers, the staff hearing officers, and
commission employees as requested by the commission.
(5) Prepare and submit to the oversight
commission information the
administrator considers pertinent or the oversight
commission
requires, together
with the administrator's recommendations, in the form of
administrative rules, for the advice and consent of
the oversight commission, for
classifications of occupations or industries, for premium rates
and contributions, for the amount to be credited to the surplus
fund, for rules and systems of rating, rate revisions, and merit
rating. The administrator shall obtain, prepare, and submit any
other information the oversight commission requires for
the
prompt and efficient
discharge of its duties.
(6) Keep the accounts required by division (A) of section
4123.34 of the Revised Code and all other accounts and records
necessary to the collection, administration, and distribution of
the workers' compensation funds and shall obtain the statistical
and other information required by section 4123.19 of the Revised
Code.
(7) Exercise the investment powers vested in the
administrator by section 4123.44 of the Revised Code in
accordance with the investment objectives, policies, and
criteria established by the oversight commission
pursuant to section 4121.12 of the Revised Code. The administrator shall not
engage in any
prohibited investment activity specified by the oversight commission pursuant
to division (F)(6) of section 4121.12 of the Revised Code. All business
shall be transacted, all funds invested, all warrants for money drawn and
payments made, and all cash and securities and other property held, in the
name of the bureau, or in the name of its nominee, provided that nominees are
authorized by the administrator solely for
the purpose of facilitating the transfer of securities, and restricted to
the administrator and designated
employees.
(8) Make contracts
for and supervise the construction of any project or improvement
or the construction or repair of buildings under the control of
the bureau.
(9) Purchase supplies, materials, equipment, and services; make contracts
for, operate, and superintend the telephone, other telecommunication,
and computer services for the use of the bureau; and make
contracts in connection with office reproduction, forms
management, printing, and other services.
(10) Separately from the budget the industrial
commission submits,
prepare and submit to the director of budget and management a
budget for each biennium. The budget submitted shall include
estimates of the costs and necessary expenditures of the bureau
in the discharge of any duty imposed by law as well as
the costs of furnishing office space to the district hearing
officers, staff hearing officers, and commission employees under
division (D) of this section.
(11) As promptly as possible in the course of efficient
administration, decentralize and relocate such of the personnel
and activities of the bureau as is appropriate to the end that
the receipt, investigation, determination, and payment of claims
may be undertaken at or near the place of injury or the residence
of the claimant and for that purpose establish regional offices,
in such places as the administrator considers proper, capable
of discharging as
many of the functions of the bureau as is practicable so as to
promote prompt and efficient administration in the processing of
claims. All active and inactive lost-time claims files shall be
held at the service office responsible for the claim. A
claimant, at the claimant's request, shall be provided with
information by
telephone as to the location of the file pertaining to claim. The
administrator shall ensure that all service office employees
report directly to the director for their service office.
(12) Provide a written binder on new coverage where the
administrator considers it to be in the best interest of the risk. The
administrator, or any other person authorized by the
administrator, shall grant
the binder upon submission of a request for coverage by the
employer. A binder is effective for a period of thirty days from
date of issuance and is nonrenewable. Payroll reports and
premium charges shall coincide with the effective date of the
binder.
(13) Set standards for the reasonable and maximum handling
time of claims payment functions, ensure, by rules, the impartial
and prompt treatment of all claims and employer risk accounts,
and establish a secure, accurate method of time stamping all
incoming mail and documents hand delivered to bureau employees.
(14) Ensure that all employees of the bureau follow the
orders and rules of the commission as such orders and rules
relate to the commission's overall adjudicatory policy-making and
management duties under this chapter and Chapters 4123., 4127.,
and 4131. of the Revised Code.
(15) Manage and operate a data processing system with a
common data base for the use of both the bureau and the
commission and, in consultation with the commission, using
electronic data processing equipment, shall develop a claims
tracking system that is sufficient to monitor the status of a
claim at any time and that lists appeals that have been filed and
orders or determinations that have been issued pursuant to
section 4123.511 or 4123.512 of the Revised Code, including the
dates of such filings and issuances.
(16) Establish and maintain a medical section within the
bureau. The medical section shall do all of the following:
(a) Assist the administrator in establishing standard
medical fees, approving medical procedures, and determining
eligibility and reasonableness of the compensation payments for
medical, hospital, and nursing services, and in establishing
guidelines for payment policies which recognize usual, customary,
and reasonable methods of payment for covered services;
(b) Provide a resource to respond to questions from claims
examiners for employees of the bureau;
(c) Audit fee bill payments;
(d) Implement a program to utilize, to the maximum extent
possible, electronic data processing equipment for storage of
information to facilitate authorizations of compensation payments
for medical, hospital, drug, and nursing services;
(e) Perform other duties assigned to it by the
administrator.
(17) Appoint, as the administrator determines necessary,
panels to review
and advise the administrator on disputes arising over a
determination that a health care service or supply provided to a
claimant is not covered under this chapter or Chapter 4123. of
the Revised Code or is medically unnecessary. If an individual
health care provider is involved in the dispute, the panel shall
consist of individuals licensed pursuant to the same section of
the Revised Code as such health care provider.
(18) Pursuant to section 4123.65 of the Revised Code,
approve applications for the final settlement of claims for
compensation or benefits under this chapter and Chapters 4123.,
4127., and 4131. of the Revised Code as the administrator
determines appropriate, except in regard to the
applications of
self-insuring employers and their employees;.
(19) Comply with section 3517.13 of the Revised Code, and
except in regard to contracts entered into pursuant
to
the authority contained in section 4121.44 of the Revised Code,
comply with the competitive bidding
procedures set forth in the Revised Code for all contracts into
which the administrator enters provided that those contracts
fall within the type of contracts and dollar amounts specified in the Revised
Code for
competitive bidding and further provided that those contracts are
not otherwise specifically exempt from the competitive bidding
procedures contained in the Revised Code.
(20) Adopt, with the advice and consent of the oversight
commission, rules for the operation of the bureau. No rule adopted by the
administrator shall be construed as barring the participation of a person who
is not admitted to the practice of law as a representative of a party for the
purposes of any matter arising under this chapter and Chapters 4123.,
4127., and 4131. of the Revised Code, provided that the representative of the party complies
with rules of the administrator.
(21) Prepare and submit to the oversight commission information the
administrator considers pertinent or the oversight commission requires,
together with the administrator's recommendations, in the form of
administrative rules, for the advice and consent of the oversight commission,
for the health partnership program and the qualified health plan system, as
provided in sections 4121.44, 4121.441, and 4121.442 of the Revised Code.
(C) The administrator, with the advice and consent of the senate,
shall appoint a chief operating officer who
has significant experience in the field of workers'
compensation insurance or other similar insurance industry experience if the
administrator does not possess such experience. The chief operating officer
shall not commence the chief operating officer's duties
until after the senate consents to the chief
operating officer's appointment. The chief operating officer
shall serve in the unclassified civil service of the state.
Sec. 4121.125. (A) The workers' compensation oversight
commission may contract with one or more outside actuarial firms
and other professional persons, as the oversight commission
determines necessary, to assist the oversight commission in
measuring the performance of Ohio's workers' compensation system
and in comparing Ohio's workers' compensation system to other
state and private workers' compensation systems. The oversight
commission, actuarial firm or firms, and professional persons
shall make such measurements and comparisons using accepted
insurance industry standards, including, but not limited to,
standards promulgated by the National Council on
Compensation Insurance.
(B) The oversight commission may contract with one or more
outside
firms to conduct management and financial audits of the workers' compensation
system, including audits of the reserve fund belonging to the state insurance
fund, and to establish objective quality management principles and methods by
which to review the performance of the workers' compensation system.
(C) The oversight commission shall include any actuarial,
managerial, or financial
report completed under its authority pursuant to division
(A) or (B) of this section in the next regularly published
report of the oversight commission.
(D) The oversight commission shall publish monthly reports that
include, but are not limited to, all of the following:
(1) Comparative and competitive data concerning Ohio's workers'
compensation system and the workers' compensation system of other states on
all of the following
subjects:
(a) Average length of time to process
contested and uncontested claims;
(b) Length of time to investigate claims that raise suspicion of
fraudulent activity;
(c) Average indemnity cost of claims;
(d) Average medical costs of claims reported according to the
types of awards and separately reported according to the types of
injuries;
(e) Comparisons of Ohio
classification manual rates with comparable rates in other states, and after
the administrator of workers' compensation classifies occupations and
industries and determines risks of different classes according to the
National
Council on Compensation Insurance, comparisons of
rates in Ohio with rates of other states that use National
Council on Compensation Insurance codes;
(f) Effectiveness of rehabilitation, both private and within the
state's workers' compensation system, including the
number of individuals referred, the percentage completing a rehabilitation
program, and the percentage of those finding employment after successful
completion of a rehabilitation program.
(2) Data concerning Ohio's workers' compensation system
concerning all of the following:
(a) Performance of the investments of the bureau of
workers' compensation;
(b) Effectiveness of the bureau in collecting
delinquent payments that are due from employers pursuant to Chapters
4121., 4123., 4127., and 4131. of the Revised Code, including a crosscheck
with other state
agencies to which employers are required under law to make payments;
(c) Effectiveness of the bureau in subrogation
claims;
(d) Performance measurements of managed care
organizations within the health partnership program and the qualified
health plan system;
(e) Return-to-work rates, medical outcome
measures, and other measures that the oversight commission or general assembly
determines;
(f) Adequacy of the reserve fund to cover indemnity
costs of the state insurance fund;
(g) The total number of claims filed in the time period occurring
subsequent to publication of the report that immediately precedes publication
of the report for which the information is being compiled according to the
type of
claim, employer classification, and claim result;
(h) The effectiveness of the bureau in identifying and
eliminating fraud in the workers' compensation system and in
recovering workers' compensation resources.
The reports published under this division shall include data from the
bureau and the industrial commission regarding state fund, self-insuring, and
public employers.
(E) The administrator and the industrial commission shall
compile information and provide access to records of the bureau
and the industrial commission to the oversight commission to the extent
necessary for fulfillment of all BOTH of the following
requirements:
(1) Conduct of the measurements and comparisons
described in division (A) of
this section;
(2) Conduct of the management and financial audits and
establishment of the principles and methods described in division
(B) of this section;
(3) Publishing of the reports described in divisions
(C) and (D) of this section.
(F)(D) The administrator
shall pay the expenses incurred by the oversight commission to
effectively fulfill its duties and exercise its powers under
this section as the administrator pays other operating expenses
of the bureau.
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) Twenty-one days after 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) 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 UNDER THIS SECTION OR SECTION 4123.512 of the Revised Code OF AN APPEAL OF
AN ORDER TO PAY COMPENSATION, if a claimant is found to have received
compensation PURSUANT to A PRIOR ORDER which the claimant was
not entitled IS REVERSED UPON SUBSEQUENT APPEAL, 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 OF PREVIOUSLY PAID
COMPENSATION to which the claimant was WHICH, DUE TO
REVERSAL UPON APPEAL, THE CLAIMANT IS 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.
THE ADMINISTRATOR AND SELF-INSURING EMPLOYERS, AS APPROPRIATE, ARE SUBJECT
TO THE REPAYMENT SCHEDULE OF THIS DIVISION ONLY WITH RESPECT TO AN ORDER TO PAY
COMPENSATION THAT WAS PROPERLY PAID UNDER A PREVIOUS ORDER, BUT WHICH IS
SUBSEQUENTLY REVERSED UPON AN ADMINISTRATIVE OR JUDICIAL APPEAL. THE
ADMINISTRATOR AND SELF-INSURING EMPLOYERS ARE NOT SUBJECT TO, BUT MAY UTILIZE,
THE REPAYMENT SCHEDULE OF THIS DIVISION, OR ANY OTHER LAWFUL MEANS, TO COLLECT
PAYMENT OF COMPENSATION MADE TO A PERSON WHO WAS NOT ENTITLED TO THE
COMPENSATION DUE TO FRAUD OR HUMAN ERROR.
(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 provided in 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.
Sec. 4123.512. (A) The claimant or the employer may
appeal an order of the industrial commission made under division
(E) of section 4123.511 of the Revised Code in any injury or
occupational disease case, other than a decision as to the extent
of disability or impairment, or percentage of impairment determined
pursuant to division (A) of section 4123.57 of the Revised Code, to the
court of common pleas of the county
in
which the injury was inflicted or in which the contract of
employment was made if the injury occurred outside the state, or
in which the contract of employment was made if the exposure
occurred outside the state. If no common pleas court has
jurisdiction for the purposes of an appeal by the use of the
jurisdictional requirements described in this division, the
appellant may use the venue provisions in the Rules of Civil
Procedure to vest jurisdiction in a court. If the claim is for
an occupational disease the appeal shall be to the court of
common pleas of the county in which the exposure which caused the
disease occurred. Like appeal may be taken from an order of a
staff hearing officer made under division (D) of section 4123.511
of the Revised Code from which the commission has refused to hear
an appeal. The appellant shall file the notice of appeal with a
court of common pleas within sixty days after the date of the
receipt of the order appealed from or the date of receipt of the
order of the commission refusing to hear an appeal of a staff
hearing officer's decision under division (D) of section 4123.511
of the Revised Code. The filing of the notice of the appeal with
the court is the only act required to perfect the appeal.
If an action has been commenced in a court of a county
other than a court of a county having jurisdiction over the
action, the court, upon notice by any party or upon its own
motion, shall transfer the action to a court of a county having
jurisdiction.
Notwithstanding anything to the contrary in this section,
if the commission determines under section 4123.522 of the
Revised Code that an employee, employer, or their respective
representatives have not received written notice of an order or
decision which is appealable to a court under this section and
which grants relief pursuant to section 4123.522 of the Revised
Code, the party granted the relief has sixty days from receipt of
the order under section 4123.522 of the Revised Code to file a
notice of appeal under this section.
(B) The notice of appeal shall state the names of the
claimant and the employer, the number of the claim, the date of
the order appealed from, and the fact that the appellant appeals
therefrom.
The administrator, the claimant, and the employer shall be
parties to the appeal and the court, upon the application of the
commission, shall make the commission a party. The administrator
shall notify the employer that, if the employer fails
to
become an active
party to the appeal, the administrator may act on behalf of
the employer and the results of the appeal could have an adverse
effect upon the employer's premium rates.
(C) The attorney general or one or more of the attorney
general's assistants
or special counsel designated by the attorney general shall
represent the
administrator and the commission. If the attorney
general or the attorney general's designated assistants or
special counsel are
absent, the administrator or the commission shall select one or
more of the attorneys in the employ of the administrator or the
commission as the administrator's attorney or
the commission's attorney in the
appeal. Any attorney so
employed shall continue the representation during the entire
period of the appeal and in all hearings thereof except where the
continued representation becomes impractical.
(D) Upon receipt of notice of appeal the clerk of courts
shall provide notice to all parties who are appellees and to the
commission.
The claimant, within thirty days after the filing of
the notice of appeal, shall file a petition containing a statement of
facts in ordinary and concise language showing a cause of action
to participate or to continue to participate in the fund and
setting forth the basis for the jurisdiction of the court over
the action. Further pleadings shall be had in accordance with
the Rules of Civil Procedure, provided that service of summons on
such petition shall not be required. The clerk of the court,
upon receipt thereof, shall transmit by certified mail a
copy
thereof to each party named in the notice of appeal other than
the claimant. Any party may file with the clerk prior to the
trial of the action a deposition of any physician taken in
accordance with the provisions of the Revised Code, which
deposition may be read in the trial of the action even though the
physician is a resident of or subject to service in the county in
which the trial is had. The bureau of workers' compensation
shall pay the cost of the STENOGRAPHIC deposition filed in court and of
copies
of the STENOGRAPHIC deposition for each party from the surplus fund and
charge
the costs thereof against the unsuccessful party if the
claimant's right to participate or continue to participate is
finally sustained or established in the appeal. In the event the
deposition is taken and filed, the physician whose deposition is
taken is not required to respond to any subpoena issued in the
trial of the action. The court, or the jury under the
instructions of the court, if a jury is demanded, shall determine
the right of the claimant to participate or to continue to
participate in the fund upon the evidence adduced at the hearing
of the action.
(E) The court shall certify its decision to the commission
and the certificate shall be entered in the records of the court.
Appeals from the judgment are governed by the law applicable to
the appeal of civil actions.
(F) The cost of any legal proceedings authorized by this
section, including an attorney's fee to the claimant's attorney
to be fixed by the trial judge, based upon the effort expended,
in the event the claimant's right to participate or to continue
to participate in the fund is established upon the final
determination of an appeal, shall be taxed against the employer
or the commission if the commission or the administrator rather
than the employer contested the right of the claimant to
participate in the fund. The attorney's fee shall not exceed
twenty-five hundred dollars.
(G) If the finding of the court or the verdict of the jury
is in favor of the claimant's right to participate in the fund,
the commission and the administrator shall thereafter proceed in
the matter of the claim as if the judgment were the decision of
the commission, subject to the power of modification provided by
section 4123.52 of the Revised Code.
(H) An appeal from an order issued under division (E) of
section 4123.511 of the Revised Code or any action filed in court
in a case in which an award of compensation has been made shall
not stay the payment of compensation under the award or payment
of compensation for subsequent periods of total disability or
impairment during
the pendency of the appeal. If, in a final administrative or
judicial action, it is determined that payments of compensation
or benefits, or both, made to or on behalf of a claimant should
not have been made, the amount thereof shall be charged to the
surplus fund under division (B) of section 4123.34 of the Revised
Code. In the event the employer is a state risk, the amount
shall not be charged to the employer's experience. In the event
the employer is a self-insuring employer, the self-insuring
employer shall deduct the amount from the paid compensation he
reports to the administrator under division (K) of section
4123.35 of the Revised Code. All actions and proceedings under
this section which are the subject of an appeal to the court of
common pleas or the court of appeals shall be preferred over all
other civil actions except election causes, irrespective of
position on the calendar.
This section applies to all decisions of the commission or
the administrator on November 2, 1959, and all claims filed
thereafter are governed by sections 4123.511 and 4123.512 of the
Revised Code.
Any action pending in common pleas court or any other court
on January 1, 1986, under this section is governed by former
sections 4123.514, 4123.515, 4123.516, and 4123.519 and section
4123.522 of the Revised Code.
Sec. 4123.57. (A)(1) Except as provided in division (A)(2) of this
section, not earlier than forty
weeks after the date of termination of the latest period of
payments under section 4123.56 of the Revised Code, or not
earlier than forty weeks after the date of the injury or
the date of first diagnosis of an occupational
disease by a licensed physician in the absence of payments
under section 4123.56 of the Revised Code, an employee may
file an application with the bureau of workers' compensation for
the
determination of the percentage of the employee's permanent
partial
impairment resulting from an injury
or occupational disease.
(2) An
employee may file the application specified in division (A)(1) of
this section without
waiting forty weeks when either of the following occurs:
(a) The receipt of payments under division (A) of
section
4123.56 of the Revised
Code is terminated by a hearing officer
because the employee has reached maximum medical
improvement.
(b) The receipt of benefits under division (A) of
section
4123.56 of the Revised Code is terminated because the employee's attending physician
certifies that the employee has reached maximum medical improvement.
(3) Whenever an application is filed under
division (A)(1) or (2) of this section, the bureau shall send a
copy of the application to the employee's employer or the
employer's representative and, except when the option provided in
division (A)(7) of this section is chosen, shall schedule
the employee for a
medical examination by the bureau medical section. The bureau
shall send a copy of the report of the medical examination to the
employee, the employer, and their representatives. The report of the medical
examination
shall contain a
statement of the examiner's finding on the employee's percentage
of permanent partial impairment resulting from allowed
conditions in the claim under the most recent edition of the
American medical association's
guides to the evaluation of permanent impairment. After
receiving the report of the medical examination, the
administrator of workers' compensation shall make a tentative
order finding that the employee's percentage of permanent
partial impairment is the same percentage shown by the report of
the medical examination, unless the administrator determines
that the report clearly is erroneous. If the administrator
determines that the report clearly is erroneous, the administrator shall
disregard the report,
schedule the employee for another examination by the bureau
medical section, and issue a tentative order that finds that the
employee's percentage of permanent partial impairment is the
same percentage shown by the second medical examination
report.
(4) The administrator shall notify the employee, the employer,
and their representatives, in writing, of the tentative order and
of the parties' right to request a hearing.
Within fourteen days after receipt of the tentative order,
the employee, the employer, or their representatives, may file with the
bureau
an objection to the
tentative order. The opposing party must be served by the
filing party with a copy of the objection to the tentative order not
later than the day of filing. Proper mailing of
the objection to the tentative
order to the opposing party constitutes service. If
an objection to the tentative order is not filed by a party by the
deadline established by division (A)(4) of this section, the order
becomes final.
(5) If the employee, the employer, or their representatives
timely notify the administrator of an objection to the tentative
order,
either party, within fourteen days
after the date of filing or of receipt of an objection, whichever is later,
may
request another examination by the bureau medical section. The party
requesting that examination shall pay the cost of that examination. Upon that
request, the bureau shall schedule the employee for another medical
examination
by the bureau medical section. All provisions of division
(A)(3) of this section applicable to the first
medical examination apply to a subsequent medical examination requested
pursuant to division (A)(5) of this section.
The bureau shall send a copy of the report of the medical examination to the
employee, the employer, and their representatives.
Upon the filing of an objection to the tentative order or upon the
completion of the medical examination requested pursuant to division
(A)(5) of this section, whichever is
later,
the matter shall be referred to a district hearing officer
who shall set the application for hearing with written notices to
all interested persons. At the
hearing, the district hearing officer first shall make a finding as to whether
any of the following has
occurred:
(a) The bureau medical section based its report, at
least in part, on conditions not allowed in the claim;
(b) The bureau medical section failed to consider all
of the allowed conditions in the claim;
(c) The bureau medical section's examiner was
prejudiced against the employer or the employee;
(d) The bureau medical
section failed to properly apply the most recent edition of the
American medical association's guides to the evaluation
of permanent impairment in determining the employee's percentage
of permanent impairment;
(e) The tentative order provides for the payment of
compensation under a circumstance in which that compensation is
barred by this section or any other provision of law.
If the
district hearing officer finds one of the situations described
in division (A)(5)(a), (b), (c)
or (d) of this section, the district hearing officer shall
issue an
order rejecting the report of the medical examination and
requiring the bureau medical section to perform a new medical
examination. All provisions of this division applicable to the first
medical examination
and the determination of the percentage of permanent partial impairment apply
to any subsequent medical examination that is ordered under this division. If
the district hearing officer finds the situation described in
division (A)(5)(e) of this
section, the district hearing officer shall issue an order
denying the application. If
the district hearing officer finds none of the situations described in
division (A)(5)(a), (b), (c),
(d), or (e) of
this section, the district hearing officer shall issue an order finding that
the employee's percentage of permanent partial impairment is the same
percentage shown by either the first or any subsequent bureau medical
examination report.
(6) An employee may
file an application for a subsequent determination of the
percentage of the employee's permanent
impairment. No application for subsequent
percentage determinations on the same claim for injury or occupational disease
shall be accepted unless supported by substantial evidence of new and changed
circumstances developing since the time of the last determination.
If an application
is filed under division (A)(6) of this section, the bureau
shall treat the application as though
it was an original application for the determination of the percentage of
permanent partial impairment, EXCEPT THAT THE BUREAU MAY REQUIRE
EITHER A MEDICAL EXAMINATION OR A MEDICAL REVIEW OF THE EMPLOYEE. In no
instance
shall the former award be
modified unless it is found from medical or clinical findings that the
condition of the employee resulting from the injury or occupational disease
has
so progressed as to have increased the percentage of permanent partial
impairment. All provisions of this division applicable to an original
application apply to an application for subsequent determination. The
decision
of a district hearing officer on an employee's application filed under
division
(A)(1), (2), and (6) of this section is
final.
(7) Notwithstanding divisions
(A)(3) through (6) of this
section, the determination of an employee's percentage of
permanent partial impairment shall be made in accordance with
division (A)(7) of this
section, upon the written agreement by an employee and employer
to utilize the alternative method of determination provided in
division (A)(7) of this
section. Within seven days after receipt of the written
agreement, the administrator shall assign a physician from the
impairment evaluation panel within the bureau medical section to
conduct a medical examination of the employee and send written
notice to the employee and employer of that assignment. The
employee and employer each shall select a physician from the
impairment evaluation panel who shall serve as consultants to
the assigned physician if the employee or employer objects to
the assigned physician's determination.
Within twenty-one days after assignment, the assigned
physician shall conduct a medical examination of the employee
and provide to the administrator a report of the medical
examination stating the employee's percentage of permanent
partial impairment resulting from the allowed conditions in the
claim under the most recent edition of the
American medical association's
guides to the evaluation of permanent impairment. Immediately
upon receipt of the report, the administrator shall send a copy
of the report to the employee and employer.
Within twenty-one days after receipt of the report, an
employee or employer may send written notice to the
administrator objecting to the report. If a written notice of
objection is not timely received, the assigned physician's
determination of the percentage of permanent partial impairment
of an employee is final, notwithstanding section 4123.511 of the
Revised
Code. If a written notice of
objection is timely received, the administrator shall provide a
copy of the assigned physician's report to the consulting
physicians selected by the employee and employer, within seven
days after receipt of the objection.
Within twenty-one days after receipt of the report, both
consulting physicians shall confer with the assigned physician
and jointly, on the basis of the opinion of a majority of the
physicians, issue a final report stating the employee's
percentage of permanent partial impairment resulting from the
allowed conditions in the claim under the most recent edition of
the American medical
association's guides to the evaluation of permanent impairment.
Within fourteen days after receipt of the final report, the
administrator shall send a copy of the final report to the
employee and employer. Notwithstanding section 4123.511 of the
Revised Code, the percentage of
permanent partial impairment of an employee stated in the final
report issued pursuant to division
(A)(7) of this section is
final.
(8) Compensation payable under division (A)
of this section accrues and is
payable to the employee from the date of last payment of
compensation, or, in cases where no previous compensation has
been paid, from the date of the injury or, for occupational
diseases, the date of
disease. The employee shall receive sixty-six and two-thirds per
cent of the employee's average weekly wage, but not more than a maximum of
thirty-three and one-third per cent of the statewide
average weekly wage as defined in division
(C) of section 4123.62 of the
Revised Code, per week regardless of the average weekly wage
for the number of weeks that equals the percentage of
two
hundred weeks. If the percentage of the permanent impairment of the employee
equals or exceeds ninety per cent, compensation for permanent partial
impairment shall be paid for two hundred weeks. No award shall be made under
division (A) of this section based upon a
percentage of impairment that, when taken with all other percentages of
permanent impairment, exceeds one hundred per cent.
Notwithstanding division (H) of section
4123.511 of the Revised
Code, the bureau or a self-insuring employer
shall pay a permanent partial impairment award within twenty-one days after
the
date on which an order fixing the employee's percentage of permanent partial
impairment becomes final.
As used in this division, "date of disease" means the
date an occupational disease is first diagnosed by a licensed
physician, or for an occupational disease described in divisions
(A) through
(AA) of section 4123.68 of the
Revised
Code or other occupational
disease that results from exposure to fibrosis-producing or
toxic dusts, fumes, mists, vapors, gases, or liquids, or other
toxic materials, or a combination of those, the date that the
employee first misses work as a result of the occupational
disease.
(9) When an award under division (A) of this
section
has been made prior to
the death of an employee, all unpaid installments accrued or to
accrue under the provisions of the award are payable to the
surviving spouse, or if there is no surviving spouse, to the
dependent children of the employee, and if there are no children
surviving, then to other dependents as the administrator
determines.
(B) In cases included in the following schedule the
compensation payable per week to the employee is the statewide
average weekly wage as defined in division (C) of section 4123.62
of the Revised Code per week and shall continue during the
periods provided in the following schedule:
For the loss of a thumb, sixty weeks.
For the loss of a first finger, commonly called index
finger, thirty-five weeks.
For the loss of a second finger, thirty weeks.
For the loss of a third finger, twenty weeks.
For the loss of a fourth finger, commonly known as the
little finger, fifteen weeks.
The loss of a second, or distal, phalange of the thumb is
considered equal to the loss of one half of such thumb; the loss
of more than one half of such thumb is considered equal to the
loss of the whole thumb.
The loss of the third, or distal, phalange of any finger is
considered equal to the loss of one-third of the finger.
The loss of the middle, or second, phalange of any finger
is considered equal to the loss of two-thirds of the finger.
The loss of more than the middle and distal phalanges of
any finger is considered equal to the loss of the whole finger.
In no case shall the amount received for more than one finger
exceed the amount provided in this schedule for the loss of a
hand.
For the loss of the metacarpal bone (bones of the palm) for
the corresponding thumb, or fingers, add ten weeks to the number
of weeks under this division.
For ankylosis (total stiffness of) or contractures (due to
scars or injuries) which makes any of the fingers, thumbs, or
parts of either useless, the same number of weeks apply to the
members or parts thereof as given for the loss thereof.
If the claimant has suffered the loss of two or more
fingers by amputation or ankylosis and the nature of the
claimant's
employment in the course of which the claimant was working at the
time of the injury or occupational disease is such that the
handicap or impairment resulting from the loss of
fingers, or
loss of use of fingers, exceeds the normal handicap or
impairment
resulting from the loss of fingers, or loss of use of fingers,
the administrator may take that fact into consideration and
increase the award of compensation accordingly, but the award
made shall not exceed the amount of compensation for loss of a
hand.
For the loss of a hand, one hundred seventy-five weeks.
For the loss of an arm, two hundred twenty-five weeks.
For the loss of a great toe, thirty weeks.
For the loss of one of the toes other than the great toe,
ten weeks.
The loss of more than two-thirds of any toe is considered
equal to the loss of the whole toe.
The loss of less than two-thirds of any toe is considered
no loss, except as to the great toe; the loss of the great toe up
to the interphalangeal joint is co-equal to the loss of one-half
of the great toe; the loss of the great toe beyond the
interphalangeal joint is considered equal to the loss of the
whole great toe.
For the loss of a foot, one hundred fifty weeks.
For the loss of a leg, two hundred weeks.
For the loss of the sight of an eye, one hundred
twenty-five weeks.
For the permanent partial loss of sight of an eye, the
portion of one hundred twenty-five weeks as the administrator in
each case determines, based upon the percentage of vision
actually lost as a result of the injury or occupational disease,
but, in no case shall an award of compensation be made for less
than twenty-five per cent loss of uncorrected vision. "Loss of
uncorrected vision" means the percentage of vision actually lost
as the result of the injury or occupational disease.
For the permanent and total loss of hearing of one ear,
twenty-five weeks; but in no case shall an award of compensation
be made for less than permanent and total loss of hearing of one
ear.
For the permanent and total loss of hearing, one hundred
twenty-five weeks; but, except pursuant to the next preceding
paragraph, in no case shall an award of compensation be made for
less than permanent and total loss of hearing.
In case an injury or occupational disease results in
serious facial or head disfigurement which either impairs or may
in the future impair the opportunities to secure or retain
employment, the administrator shall make an award of compensation
as the administrator deems proper and equitable, in view of
the nature of the
disfigurement, and not to exceed the sum of five thousand
dollars. For the purpose of making the award, it is not material
whether the employee is gainfully employed in any occupation or
trade at the time of the administrator's determination.
When an award under this division has been made prior to
the death of an employee all unpaid installments accrued or to
accrue under the provisions of the award shall be payable to the
surviving spouse, or if there is no surviving spouse, to the
dependent children of the employee and if there are no such
children, then to such dependents as the administrator
determines.
When an employee has sustained the loss of a member by
severance, but no award has been made on account thereof prior to
the employee's death, the administrator shall make an award
in accordance
with this division for the loss which shall be payable to the
surviving spouse, or if there is no surviving spouse, to the
dependent children of the employee and if there are no such
children, then to such dependents as the administrator
determines.
(C) Compensation for partial impairment under
divisions
(A) and (B) of this section is in addition to the compensation
paid the employee pursuant to section 4123.56 of the Revised
Code. A claimant may receive compensation under divisions (A)
and (B) of this section. No employee may receive
compensation under division (A) of this
section or receive a medical examination provided for by this section during
the time in which that employee is receiving compensation under section
4123.58
of the Revised
Code in any claim or is receiving compensation
under section 4123.56 of the Revised
Code on the same claim in which the employee
is seeking compensation under this section. The employee shall list on the
application specified in divisions (A)(1) and
(2) of this section the claim numbers of all other claims for which the
employee is a claimant.
In all cases arising under division (B) of this section, if
it is determined by any one of the following: (1) the amputee
clinic at University hospital, Ohio state university; (2) the
rehabilitation services commission; (3) an amputee clinic or
prescribing physician approved by the administrator or the
administrator's
designee, that an injured or impaired employee is in
need of an
artificial appliance, or in need of a repair thereof, regardless
of whether the appliance or its repair will be serviceable in the
vocational rehabilitation of the injured employee, and regardless
of whether the employee has returned to or can ever again return
to any gainful employment, the bureau shall pay the cost of the
artificial appliance or its repair out of the surplus created by
division (B) of section 4123.34 of the Revised Code.
In those cases where a rehabilitation services commission
recommendation that an injured or impaired employee is
in need of
an artificial appliance would conflict with their state plan,
adopted pursuant to the "Rehabilitation Act of 1973," 87 Stat.
355, 29 U.S.C.A. 701, the administrator or the
administrator's designee or the
bureau may obtain a recommendation from an amputee clinic or
prescribing physician that they determine appropriate.
(D) If an employee makes
application for a finding and is found to have
contracted silicosis as defined in division (X), or coal miners'
pneumoconiosis as defined in division (Y), or asbestosis as
defined in division (AA) of section 4123.68 of the Revised Code,
and it is found that a change of such employee's occupation is
medically
advisable in order to decrease substantially further exposure to
silica dust, asbestos, or coal dust and if the employee, after
the finding, has changed or shall change the employee's
occupation to an
occupation in which the exposure to silica dust, asbestos, or
coal dust is substantially decreased, the employee shall receive an
amount equal to fifty per
cent of the
statewide average weekly wage per week for a period of thirty
weeks, commencing as of the date of the discontinuance or change,
and for a period of one hundred weeks immediately following the
expiration of the period of thirty weeks, the employee shall
receive sixty-six and two-thirds
per cent of the loss
of wages resulting directly and solely from the change of
occupation but not to exceed a maximum of an amount equal to
fifty per cent of the statewide average weekly wage per week. No
such employee is entitled to receive more than one allowance on
account of discontinuance of employment or change of occupation
and benefits shall cease for any period during which the employee
is employed in an occupation in which the exposure to silica
dust, asbestos, or coal dust is not substantially less than the
exposure in the occupation in which the employee was formerly
employed or
for any period during which the employee may be entitled to
receive compensation or benefits under section 4123.68 of the
Revised Code on account of disability from silicosis, asbestosis,
or coal miners' pneumoconiosis. An award for change of
occupation for a coal miner who has contracted coal miners'
pneumoconiosis may be granted under this division even though the
coal miner
continues employment with the same employer, so long as
the coal miner's
employment subsequent to the change is such that the coal
miner's exposure to
coal dust is substantially decreased and a change of occupation
is certified by the claimant as permanent. Medical and other benefits
shall
be paid to the employee in accordance
with section 4123.66 of the Revised Code.
(E) If a firefighter or police officer makes
application
for a finding and the administrator finds that the firefighter or
police officer has contracted
a cardiovascular and pulmonary disease as defined in division (W)
of section 4123.68 of the Revised Code, and that a change of the
firefighter's or police officer's occupation is
medically
advisable in order to decrease substantially further exposure to
smoke, toxic gases, chemical fumes, and other toxic vapors, and
if the firefighter, or police officer, after the
finding, has
changed or changes occupation to an occupation in which the
exposure to smoke, toxic gases, chemical fumes, and other toxic
vapors is substantially decreased, the administrator shall allow
to the firefighter or police officer an amount
equal to fifty
per cent of the statewide average weekly wage per week for a
period of thirty weeks, commencing as of the date of the
discontinuance or change, and for a period of seventy-five weeks
immediately following the expiration of the period of thirty
weeks the administrator shall allow the firefighter
or police
officer sixty-six and two-thirds per cent of the loss of wages
resulting directly and solely from the change of occupation but
not to exceed a maximum of an amount equal to fifty per cent of
the statewide average weekly wage per week. No such
firefighter
or police officer is entitled to receive more than one allowance
on account of discontinuance of employment or change of
occupation and benefits shall cease for any period during which
the firefighter or police officer is employed in an
occupation
in which the exposure to smoke, toxic gases, chemical fumes, and
other toxic vapors is not substantially less than the exposure in
the occupation in which the firefighter or police officer was
formerly employed or for any
period during which the firefighter or police
officer may be
entitled to receive compensation or benefits under section
4123.68 of the Revised Code on account of disability from a
cardiovascular and pulmonary disease. The administrator may
accord to the firefighter or police officer medical
and other
benefits in accordance with section 4123.66 of the Revised Code.
(F) An order issued under division (B), (D), or
(E) of this section is appealable
pursuant to section 4123.511 of the Revised Code but is not
appealable to court under section 4123.512 of the Revised Code.
Section 2. That existing sections 121.03, 2317.45, 4121.12, 4121.121,
4121.125, 4123.511, 4123.512, and 4123.57 of the Revised Code are hereby
repealed.
Section 3. The Administrator of Workers' Compensation shall
submit a series of reports to the Workers' Compensation
Oversight Commission, the Office of Budget and Management, the Legislative
Budget Office of the Legislative Service Commission, and the General Assembly
semiannually during the
1997-1999 biennium, beginning on or before October 1, 1997, containing
information
relative to all of the following:
(A) The premium cost per worker, which reports the average
annual cost a state fund employer pays to provide workers'
compensation coverage for its employees. The premium cost per
worker is calculated by adding together an employer's total
amounts of premiums and assessments paid during a calendar year
and dividing that sum by the employer's average number of
workers.
(B) The claims cost per worker, which reports the average
annual benefit cost paid for each worker who is employed by a
state fund employer during the preceding twelve months. The claims
cost per worker is calculated by dividing an employer's total
claim expenses paid during the preceding twelve months by the
employer's average number of workers.
(C) The administrative cost per claim, which reports the
average annual administrative expense a state fund employer pays
to process a claim. The administrative cost per claim is
calculated by dividing an employer's total amount of
administrative expenses incurred during the preceding twelve months
by the total number of claims the employer processed.
(D) The direct loss ratio, which measures the relationship
between an employer's revenues and workers' compensation
benefits paid to an injured worker during the preceding twelve
months;
(E) The rate of return generated by investments of the Bureau
of Workers' Compensation;
(F) The customer service index, which accounts for various
statistical measures reflecting the Bureau's customer service
levels;
(G) The Health Partnership Program performance index, which
measures the effectiveness of managed care organizations working
for the Bureau and reflects the quality of care, customer
satisfaction, and cost of care provided by the managed care
organizations;
(H) The rate of injury in the state per 1,000 workers;
(I) The average number of days the Bureau takes to adjudicate
an injured worker's medical bill fee;
(J) The return-to-work rate of state fund employers' injured
workers who do not receive workers' compensation benefits for at
least ninety days following their injury, which reports the number
of injured workers who returned to work as a percentage of total
injuries;
(K) The average number of days it takes for an employer or
injured worker to report an injury to the Bureau, which is
calculated by taking the average number of days between the date
of injury and the date the claim was filed with the Bureau;
(L) The percentage of indemnity claims adjudicated by the
Bureau within fourteen days of the injury.
Section 4. 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 act, those in the first column are for fiscal year
1998, and those in the second column are for fiscal year 1999.
BWC BUREAU OF WORKERS' COMPENSATION
FND | ALI | ALI TITLE | | FY 1998 | | FY 1999 |
Workers' Compensation Fund Group
023 | 855-401 | William Green Lease Payments to OBA | $ | 14,665,000 | $ | 15,465,000 |
4Y6 | 855-611 | J.L. Camera Center Rent | $ | 1,592,800 | $ | 1,681,997 |
4Y6 | 855-612 | J.L. Camera Center Operating | $ | 7,381,302 | $ | 7,345,026 |
023 | 855-407 | Claims, Risk & Medical Management | $ | 129,400,786 | $ | 123,784,337 |
023 | 855-408 | Fraud Prevention | $ | 8,200,705 | $ | 8,111,383 |
023 | 855-409 | Administrative Services | $ | 111,629,196 | $ | 114,654,976 |
023 | 855-410 | Attorney General Payments | $ | 3,017,914 | $ | 3,227,422 |
825 | 855-605 | DWRF | $ | 635,629 | $ | 651,961 |
822 | 855-606 | Coal Workers' Fund | $ | 73,684 | $ | 75,545 |
823 | 855-608 | Marine Industry | $ | 42,536 | $ | 43,599 |
826 | 855-609 | Safety & Hygiene | $ | 17,981,552 | $ | 17,991,764 |
TOTAL WCF Workers' Compensation | | | | |
Fund Group | $ | 294,621,104 | $ | 293,033,010 |
TOTAL ALL BUDGET FUND GROUPS | $ | 294,621,104 | $ | 293,033,010 |
Safety and Hygiene
Notwithstanding section 4121.37 of the Revised Code, the Administrator of the
Bureau of Workers' Compensation shall transfer moneys from the State Insurance
Fund so that appropriation line item 855-609, Safety and Hygiene, is provided
$17,981,552 in fiscal year 1998 and $17,991,764 in fiscal year 1999.
Workers' Compensation Fraud Unit
The Workers' Compensation Section Fund (Fund 195) shall receive payments from
the Bureau of Workers' Compensation at the beginning of each quarter of each
fiscal year to fund expenses of the Workers' Compensation Fraud Unit of the
Attorney General's Office. Of the foregoing appropriation item 855-410,
Attorney General Payments, $659,151 in fiscal year 1998 and $676,002 in fiscal
year 1999 shall be used to provide such payments.
William Green Lease Payments
The foregoing appropriation item 855-401, William Green Lease Payments to OBA,
shall be used for lease payments to the Ohio Building Authority, and these
appropriations shall be used to meet all payments at the times they are
required to be made during the period from July 1, 1997, to June 30, 1999, by
the Bureau of Workers' Compensation to the Ohio Building Authority pursuant to
leases and agreements made under Chapter 152. of the Revised Code and Section
6 of Am. Sub. H.B. 743 of the 118th General Assembly. Of the amounts received
in Fund 023, appropriation line item 855-401, up to $30,130,000 shall be
restricted for lease rental payments to the Ohio Building Authority. If it is
determined that additional appropriations are necessary for such purpose, such
amounts are hereby appropriated.
Notwithstanding any other provision of law to the contrary, all tenants of the
William Green Building not funded by the Workers' Compensation Fund (Fund 023)
shall pay their fair share of the costs of lease payments to the Workers'
Compensation Fund (Fund 023) by intrastate transfer voucher.
Camera Center
The Camera Center Fund (Fund 4Y6) created in division (F) of section 4121.62 of
the Revised Code shall receive revenues raised by the fees Camera Center
charges for its services and rent paid by tenants of the Center's facilities.
The foregoing appropriation item 855-611, J.L. Camera Center Rent, shall be
used to pay rent, including building operating expenses, of the J. Leonard
Camera Rehabilitation Center in Columbus. The foregoing appropriation item
855-612, J.L. Camera Center Operating, shall be used for all other expenses
for the Center.
The Bureau of Workers' Compensation shall not consider appropriations made to
the Camera Center Fund (Fund 4Y6) when establishing administrative cost rates.
Balances
Notwithstanding any provision of law to the contrary, the Director of Budget
and Management shall make any transfers of cash balances between funds made
necessary by the creation of new funds, or the consolidation of funds as
authorized by the General Assembly. Within the first five days after the
effective date of this section, the administering agency head shall certify to
the Director an estimate of the amount of the cash balance to be transferred
to the receiving fund. The Director may transfer the estimated amount when
needed to make payments. Within thirty days after the effective date of this
section, the administering agency head shall certify the final amount to the
Director. The Director shall transfer the difference between any estimated
amount previously transferred and such certified final amount.
To implement such funding changes as described above pertaining to prior year
encumbrance balances and commensurate appropriation authority, in fiscal year
1998 the Director of Budget and Management may cancel encumbrances
outstanding on June 30, 1997, and reestablish such prior year encumbrances or
parts of encumbrances as needed in fiscal year 1998 in the appropriate fund or
appropriation line item as authorized in this act for the same purpose and to
the same vendor. As determined by the Director, the appropriation authority
necessary to reestablish such prior year encumbrances in fiscal year 1998 in
a different fund or appropriation line item within an agency or between
agencies is hereby authorized. The Director shall reduce each prior year's
appropriation authority by the amount of the encumbrances canceled in their
respective funds and appropriation line items.
Vocational Rehabilitation
The Bureau of Workers' Compensation and the Rehabilitation Services Commission
shall enter into an interagency agreement for the provision of vocational
rehabilitation services and staff to mutually eligible clients. The Bureau
shall provide $519,608 in fiscal year 1998 and $534,157 in fiscal year 1999
from the State Insurance Fund to
fund vocational rehabilitation services and staff in accordance with the
interagency agreement.
Fund Balance
Any unencumbered cash balance in excess of $45,000,000 in the Workers'
Compensation Fund (Fund 023) on the thirtieth day of June of each fiscal year
shall be used to reduce the administrative cost rate charged to employers to
cover
appropriations for Bureau of Workers' Compensation and Industrial Commission
operations.
Section 5. AccountingWithin 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 the main operating appropriations act of the 122nd General
Assembly that are generally applicable to such appropriations.
Section 6. 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 7. 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 8. 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 9. The administrator of the Bureau of Workers' Compensation shall
conduct a cost analysis study of all doctors under contract or subcontract to
the Bureau of Workers' Compensation during the 1995-1997 biennium. The cost
analysis study excludes those doctors involved with the Health Partnership
Program and excludes those doctors with the Qualified Health Plan. The
administrator shall report the findings of this study to the Speaker of the
House of Representatives, the Minority Leader of the House of Representatives,
the President of the Senate, and the Minority Leader of the Senate by July 1,
1998.
Section 10. 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 contained in this act are
composed, and their applications, are independent and severable.
Section 11. 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, except as otherwise specifically provided in this
act, go into immediate effect when this act becomes law.
Section 12. Sections 121.03, 2317.45, 4121.12, 4121.121, 4121.125,
4123.511, and 4123.512 of the Revised Code, as amended or enacted
by this act, and Section 13 of this act; and the items of law of
which such sections, as amended or enacted 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 or enacted by this act,
and the items of law of which such sections as amended or
enacted 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 or enacted by this act, or against any
item of law of which any such section as amended or enacted by
this act is composed, the section as amended or enacted, or item
of law, unless rejected at the referendum, takes effect at the
earliest time permitted by law.
Section 13. Sections 4121.121, 4123.511, 4123.512, and 4123.57 of the Revised
Code are
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 this act to confirm the
intention to retain them, but are not intended to be effective
until July 22, 1997.
Section 14. Section 121.03 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. H.B. 7 and Am. Sub. S.B. 162 of the 121st General Assembly, with the
new language of
neither of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
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