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As Reported by House Commerce and Labor Committee
123rd General Assembly
Regular Session
1999-2000 | Sub. H. B. No. 122 |
REPRESENTATIVES CATES-CORBIN-EVANS-HAINES-HOOD-MOTTLEY-
OLMAN-TIBERI-VAN VYVEN-VESPER-WILLAMOWSKI-COUGHLIN-
WILLIAMS-BUEHRER-YOUNG-HARRIS-HOOD
A BILL
To amend section 4123.54 of the Revised Code to provide a rebuttable
presumption that the proximate cause of an injury of an
employee, who, through
a blood, breath, or urine test, tests positive for the use
of alcohol or a
controlled substance not prescribed by a physician,
is the alcohol or
controlled
substance.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4123.54 of the Revised Code be amended to read as
follows:
Sec. 4123.54. Every employee, who is injured or who
contracts an occupational disease, and the dependents of each
employee who is killed, or dies as the result of an occupational
disease contracted in the course of employment, wherever such
injury has occurred or occupational disease has been contracted,
provided the same were not:
(A) Purposely self-inflicted; or
(B) Caused by the employee being intoxicated or under the
influence of a controlled substance not prescribed by a physician
where the intoxication or being under the influence of the
controlled substance not prescribed by a physician was the
proximate cause of the injury, is entitled to receive, either
directly from his THE EMPLOYEE'S self-insuring employer as
provided in section
4123.35 of the Revised Code, or from the state insurance fund,
the compensation for loss sustained on account of the injury,
occupational disease, or death, and the medical, nurse, and
hospital services and medicines, and the amount of funeral
expenses in case of death, as are provided by this chapter.
FOR THE PURPOSE OF THIS SECTION, IF AN EMPLOYEE, THROUGH A CHEMICAL TEST
OF THE EMPLOYEE'S BLOOD, BREATH, URINE, OR OTHER BODILY SUBSTANCE ADMINISTERED
WITHIN A
REASONABLE TIME AFTER THE OCCURRENCE OF THE INJURY, IS DETERMINED TO HAVE
A BLOOD ALCOHOL CONCENTRATION
LEVEL OF FIFTEEN ONE-HUNDREDTHS OF ONE PER CENT OR MORE BY WEIGHT OF
ALCOHOL IN THE EMPLOYEE'S BLOOD OR, IN THE CASE OF A CHEMICAL TEST
OF THE EMPLOYEE'S BREATH, URINE, OR OTHER BODILY SUBSTANCE,
AN
ALCOHOL CONCENTRATION EQUAL TO OR IN EXCESS OF THE APPLICABLE CONCENTRATION
SPECIFIED IN SECTION 4511.19
of the Revised Code OR TO HAVE A CONTROLLED SUBSTANCE NOT PRESCRIBED BY THE EMPLOYEE'S
PHYSICIAN FOR THE EMPLOYEE'S USE IN THE EMPLOYEE'S SYSTEM
THAT TESTS ABOVE THRESHOLDS
ESTABLISHED BY THE BUREAU OF WORKERS COMPENSATION BY RULES ADOPTED
PURSUANT TO SECTION 4123.29 OF THE REVISED CODE WHEN THE
TESTS ARE
PERFORMED IN SUCH CIRCUMSTANCES, IN SUCH MANNER, IN ACCORDANCE WITH SUCH
STANDARDS ESTABLISHED BY THOSE RULES, IT IS A REBUTTABLE
PRESUMPTION THAT THE EMPLOYEE WAS INTOXICATED OR UNDER THE INFLUENCE OF THE
CONTROLLED SUBSTANCE AND THAT THE INTOXICATION OR BEING UNDER THAT INFLUENCE
IS THE PROXIMATE
CAUSE OF THE INJURY. AN EMPLOYEE'S REFUSAL TO SUBMIT TO A CHEMICAL TEST
OF THE EMPLOYEE'S BLOOD, BREATH, URINE, OR OTHER BODILY SUBSTANCE IS
ADMISSIBLE AS
EVIDENCE
OF THE EMPLOYEE'S INTOXICATION OR BEING UNDER THE INFLUENCE OF A CONTROLLED
SUBSTANCE NOT PRESCRIBED BY A PHYSICIAN AT ANY HEARING HELD PURSUANT TO
SECTION
4123.511 of the Revised Code TO DETERMINE THE ALLOWANCE OF THE EMPLOYEE'S CLAIM AND ON ANY
APPEAL HELD PURSUANT TO SECTION 4123.512 of the Revised Code.
Whenever, with respect to an employee of an employer who is
subject to and has complied with this chapter, there is
possibility of conflict with respect to the application of
workers' compensation laws because the contract of employment is
entered into and all or some portion of the work is or is to be
performed in a state or states other than Ohio, the employer and
the employee may agree to be bound by the laws of this state or
by the laws of some other state in which all or some portion of
the work of the employee is to be performed. The agreement shall
be in writing and shall be filed with the bureau of workers'
compensation within ten days after it is executed and shall
remain in force until terminated or modified by agreement of the
parties similarly filed. If the agreement is to be bound by the
laws of this state and the employer has complied with this
chapter, then the employee is entitled to compensation and
benefits regardless of where the injury occurs or the disease is
contracted and the rights of the employee and his THE EMPLOYEE'S
dependents
under the laws of this state are the exclusive remedy against the
employer on account of injury, disease, or death in the course of
and arising out of his THE EMPLOYEE'S employment. If the
agreement is to be
bound by the laws of another state and the employer has complied
with the laws of that state, the rights of the employee and his THE
EMPLOYEE'S
dependents under the laws of that state are the exclusive remedy
against the employer on account of injury, disease, or death in
the course of and arising out of his THE EMPLOYEE'S employment
without regard
to
the place where the injury was sustained or the disease
contracted.
If any employee or his THE EMPLOYEE'S dependents are awarded
workers'
compensation benefits or recover damages from the employer under
the laws of another state, the amount awarded or recovered,
whether paid or to be paid in future installments, shall be
credited on the amount of any award of compensation or benefits
made to the employee or his THE EMPLOYEE'S dependents by the
bureau.
If an employee is a resident of a state other than this
state and is insured under the workers' compensation law or
similar laws of a state other than this state, the employee and
his THE EMPLOYEE'S dependents are not entitled to receive
compensation or
benefits under this chapter, on account of injury, disease, or
death arising out of or in the course of employment while
temporarily within this state, and the rights of the employee and
his THE EMPLOYEE'S dependents under the laws of the other state
are the exclusive remedy against the employer on account of the injury,
disease, or death.
Compensation or benefits are not payable to a claimant
during the period of confinement of the claimant in any state or
federal correctional institution whether in this or any other state for
conviction of violation of any state or federal criminal law.
Section 2. That existing section 4123.54 of the Revised Code is hereby
repealed.
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