The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
S. B. No. 94 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
| |
Cosponsors:
Senators Stewart, Schaffer, Hughes, Miller, D.
A BILL
To amend sections 742.38, 4123.57, and 4123.68 of the
Revised Code to provide that a firefighter, police
officer, or
public
emergency medical services
worker who is
disabled
as a result of specified
types of cancer
or certain contagious or
infectious diseases is
presumed for purposes of
the laws governing
workers' compensation and the
Ohio Police and Fire
Pension Fund to have
incurred
the disease while
performing official
duties as a
firefighter, police officer, or
public emergency medical services worker.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 742.38, 4123.57, and 4123.68 of the
Revised Code be amended to read as follows:
Sec. 742.38. (A)(1) The
board of trustees of the Ohio
police
and fire
pension fund shall adopt rules establishing
minimum
medical testing and
diagnostic
standards or procedures to
be
incorporated into physical examinations
administered by
physicians
to prospective
members of the fund. The standards or
procedures
shall include diagnosis and
evaluation of the existence
of any
heart disease,
cardiovascular disease, or respiratory
disease. The
rules shall specify the form of the physician's
report and the
information to be included in it.
The board shall notify all employers of the establishment of
the minimum
standards or procedures and shall include with the
notice a copy of the
standards or procedures. The
board shall
notify all employers of any changes made to the standards or
procedures. Once
the standards or procedures take effect,
employers shall cause each prospective member of the fund to
submit to a
physical examination that incorporates the standards
or procedures.
(2) Division (A)(2) of
this section applies to an employee
who becomes a member of the
fund on or after the date the minimum
standards or procedures
described in division (A)(1) of
this
section take effect.
For
each employee
described in division
(A)(2) of this section, the employer shall
forward to the board a
copy of the physician's report of a
physical examination that
incorporates the standards or
procedures described in division
(A)(1) of this section. If an
employer fails to forward the
report
in the form required by the board on or before the date
that is
sixty days after the employee
becomes a member of the
fund, the
board shall assess
against the
employer a
penalty
determined
under
section 742.353 of the Revised Code.
(B) Application for a disability benefit may be made by a
member of the fund or, if the member is incapacitated as defined
in rules
adopted by the board, by a person acting on the member's
behalf. Not later
than fourteen days after receiving
an
application for a disability benefit from a member or a person
acting on behalf of a member, the board shall notify the
member's
employer that an application has been filed. The
notice shall
state the member's position or rank. Not
later than twenty-eight
days after receiving the notice or
filing an application on behalf
of a member, the employer shall
forward to the board a statement
certifying the member's job
description and any other information
required by the board to
process the application.
If the member applying for a
disability benefit becomes a
member of the fund prior to the date
the minimum standards or
procedures described in division
(A)(1) of this section take
effect, the board may request from the member's employer a copy
of
the physician's report of the member's physical examination
taken
on entry into the police or fire department or, if the
employer
does not have a copy of the report, a written statement
certifying
that the employer does not have a copy of the report.
If an
employer fails to forward the report or statement
in the form
required by the board on or before the
date that is twenty-eight
days after the date of the request, the
board shall assess against
the employer a
penalty determined under section 742.353 of
the
Revised Code. The
board shall
maintain the information
submitted
under this division
and division
(A)(2) of this section
in the
member's
file.
(C) For purposes of
determining under division (D) of this
section whether a member of
the fund is disabled,
the board shall
adopt rules establishing objective criteria
under which the board
shall make the determination. The
rules shall include standards
that provide for all of the
following:
(1) Evaluating a member's illness or injury on
which an
application for disability benefits is based;
(2) Defining the occupational duties of a police officer
or
firefighter;
(3) Providing for the board
to assign competent and
disinterested physicians and
vocational evaluators to conduct
examinations of a
member;
(4) Requiring a written
report for each disability
application that
includes a summary of findings, medical opinions,
including an opinion on whether the illness or injury upon which
the member's application for disability benefits is based was
caused or induced by the actual performance of the member's
official duties, and any recommendations or comments based on
the
medical opinions;
(5) Providing for the board to consider the member's
potential for retraining or reemployment.
(D) This division does
not apply to members of the fund who
have elected to receive
benefits and pensions in accordance with
division (A) or
(B) of section 742.37 of the Revised Code or from
a police relief
and pension fund or a firemen's relief and pension
fund in
accordance with the rules of that fund in force on
April
1, 1947.
(1) As used in division (D)(1) of this section:
(a) "Totally disabled" means a member
of the fund is unable
to perform the duties of any gainful
occupation for which the
member is reasonably fitted by
training, experience, and
accomplishments. Absolute
helplessness is not a prerequisite of
being totally
disabled.
(b) "Permanently disabled" means a
condition of disability
from which there is no present
indication of recovery.
A member of the fund who is permanently and totally
disabled
as the result of the performance of the member's
official duties
as a member of a police or fire department shall
be paid annual
disability benefits in accordance with division
(A) of section
742.39 of the Revised Code. In determining whether a
member of
the
fund is permanently and totally disabled, the board shall
consider
standards adopted under division (C) of this section
applicable to
the determination.
(2) A member of the fund who is partially disabled as the
result of the performance of the member's official duties as a
member of a police or fire department shall, if the disability
prevents the
member from performing those duties and impairs the
member's earning capacity,
receive annual
disability benefits in
accordance with division
(B) of section 742.39 of the Revised
Code. In determining whether a member of the
fund is
partially
disabled, the board shall consider standards adopted under
division
(C) of this section applicable to the determination.
(3)(a) A member of the fund who is disabled as a result of
heart disease or
any
cardiovascular or respiratory disease of a
chronic nature, which disease or any evidence of which disease
was
not revealed by the physical examination passed by the
member on
entry into the department, is presumed to have
incurred the
disease while performing the member's official
duties, unless the
contrary is shown by competent
evidence.
(b) A member of the fund who is a member of a police
department or who is a member of a fire
department who has been
assigned to at least three years of hazard duty
as a member of a
fire department, and is disabled as a result of
any of the
following types of cancer or disease, is presumed to
have
incurred the cancer or disease while performing the member's
official duties:
(i) Cancer of the lung, brain, kidney, bladder, rectum,
stomach, skin, or prostate;
(ii) Non-Hodgkins lymphoma;
(v) Testicular or colorectal cancer;
(vi) A contagious or infectious disease specified in rules
adopted pursuant to division (F) of section 3701.248 of the
Revised Code.
The presumption described in division (D)(3)(b) of this
section does not apply if competent evidence to the contrary of
the presumption is shown or if the cancer or disease that resulted
in a member's disability, or any evidence of that cancer or
disease, was revealed by the physical examination passed by the
member on entry into the department.
(4) A member of the fund who has completed five or more
years
of active service in a police or fire department and has
incurred
a disability not caused or induced by the actual
performance of
the member's official duties as a member of the
department, or by
the member's own negligence, shall if the
disability
prevents the
member from performing those duties and
impairs the member's
earning capacity, receive
annual disability
benefits in accordance
with division
(C) of section 742.39 of the
Revised Code. In
determining whether a member of
the
fund is
disabled,
the board
shall consider standards adopted under
division
(C) of this
section applicable
to the determination.
(5) The board shall notify a member of its final action
awarding a disability benefit to the member within thirty days
of
the final action. The notice shall be sent by certified
mail,
return receipt requested. Not later than ninety days
after
receipt
of notice from the board, the member shall elect,
on a
form
provided by the board, either to accept or waive the
disability
benefit award. If the member elects to waive the
disability
benefit award or fails to make an election within the
time period,
the award is rescinded. A member who later seeks a
disability
benefit award shall be required to make a new
application, which
shall be dealt with in accordance with the
procedures used for
original disability benefit
applications.
A person is not eligible to apply for or receive
disability
benefits under this division, section 742.39 of the Revised Code,
or division
(C)(2), (3), (4), or (5) of
former section 742.37 of
the Revised Code unless the person is a
member of the fund on the
date on which the application for
disability benefits is submitted
to the fund.
With the exception of persons who may make application for
increased
benefits as provided in
division (D)(2) or (4) of this
section or division (C)(3) or (5) of
former section 742.37 of the
Revised Code on or after
July 24, 1986, or persons who may
make
application for benefits as provided in section 742.26 of
the
Revised Code, no person receiving a pension or
benefit under this
section or division (C) of former
section 742.37 of the Revised
Code
may apply for
any new, changed, or different benefit.
Sec. 4123.57. Partial disability compensation shall be paid
as
follows.
Except as provided in this section, not earlier than
twenty-six
weeks after the date of termination of the latest
period of
payments under section 4123.56 of the Revised Code, or
not
earlier than twenty-six weeks after the date of the injury or
contraction of an occupational disease in the absence of payments
under section 4123.56 of the Revised Code, the employee may
file
an application with the bureau of workers' compensation for
the
determination of the percentage of the employee's
permanent
partial disability resulting from an injury or occupational
disease.
Whenever the application is filed, the bureau shall send a
copy of the application to the employee's employer or the
employer's representative and 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. Thereafter, the
administrator of
workers' compensation shall review the employee's
claim file and make a
tentative order as the evidence before the
administrator at
the time of the making of the order warrants. If
the administrator determines
that there is a conflict of evidence,
the administrator shall
send the application, along with the
claimant's file, to the district hearing
officer who shall set the
application for a hearing.
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. Unless the employee,
the employer, or their representative notifies the administrator,
in writing, of an objection to the tentative order within twenty
days after receipt of the notice thereof, the tentative order
shall go into effect and the employee shall receive the
compensation provided in the order. In no event shall there be a
reconsideration of a tentative order issued under this division.
If the employee, the employer, or their representatives
timely notify the administrator of an objection to the tentative
order, the matter shall be referred to a district hearing officer
who shall set the application for hearing with written notices to
all interested persons. Upon referral to a district hearing
officer, the
employer may obtain a medical examination of the
employee, pursuant to rules
of the industrial commission.
(A) The district hearing officer, upon the
application, shall
determine the percentage of the employee's permanent
disability,
except as is subject to division (B) of this section,
based upon
that condition of the employee resulting from the
injury or
occupational disease and causing permanent impairment
evidenced by
medical or clinical findings reasonably
demonstrable. 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 which equals the percentage of two
hundred weeks. Except on
application for reconsideration,
review, or modification, which is
filed within ten days after the
date of receipt of the decision of
the district hearing officer,
in no instance shall the former
award be modified unless it is
found from medical or clinical
findings that the condition of the
claimant resulting from the
injury has so progressed as to have
increased the percentage of
permanent partial disability. A
staff hearing officer shall hear
an application for reconsideration filed and
the staff hearing
officer's decision is final. An employee
may file an application
for a subsequent determination of the
percentage of the employee's
permanent
disability. If such an application is filed, the bureau
shall
send a copy of the application to the
employer or the
employer's representative. No sooner than sixty
days from the date
of the mailing of the application to the
employer or the
employer's representative, the administrator
shall review the
application. The administrator may require a
medical examination
or medical review of the employee. The
administrator shall issue a
tentative order based upon the
evidence before the administrator,
provided that if
the administrator requires a medical examination
or medical
review, the administrator shall not issue the tentative
order until the
completion of the examination or review.
The employer may obtain a medical examination of the
employee
and may submit medical evidence at any stage of the
process up to
a hearing before the district hearing officer,
pursuant to rules
of the commission. The administrator shall
notify the employee,
the employer, and their representatives, in
writing, of the nature
and amount of any tentative order issued
on an application
requesting a subsequent determination of the
percentage of an
employee's permanent disability. An employee,
employer, or their
representatives may object to the tentative
order within twenty
days after the receipt of the notice thereof.
If no timely
objection is made, the tentative order shall go into
effect. In no
event shall there be a reconsideration of a
tentative order issued
under this division. If an objection is
timely made, the
application for a subsequent determination shall
be referred to a
district hearing officer who shall set the
application for a
hearing with written notice to all interested
persons. No
application for subsequent percentage determinations
on the same
claim for injury or occupational disease shall be
accepted for
review by the district hearing officer unless
supported by
substantial evidence of new and changed
circumstances developing
since the time of the hearing on the
original or last
determination.
No award shall be made under this division based upon a
percentage of disability which, when taken with
all other
percentages of permanent disability, exceeds one
hundred per cent.
If the percentage of the permanent disability
of the employee
equals or exceeds ninety per cent, compensation for
permanent
partial disability shall be paid for two
hundred weeks.
Compensation payable under this division 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 the date of the diagnosis of
the
occupational disease.
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 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 first finger, commonly known as a thumb,
sixty weeks.
For the loss of a second finger, commonly called index
finger, thirty-five weeks.
For the loss of a third finger, thirty weeks.
For the loss of a fourth finger, twenty weeks.
For the loss of a fifth 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 disability resulting from the loss of
fingers, or loss
of use of fingers, exceeds the normal handicap or disability
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 it deems
proper and equitable, in view of the nature of the
disfigurement,
and not to exceed the sum of ten 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.
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 disabled 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 disabled 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 of a state fund employer makes
application
for a finding and the administrator finds that the
employee has
contracted silicosis as defined in division (X)(Y), or coal
miners' pneumoconiosis as defined in division (Y)(Z), or
asbestosis as
defined in division (AA)(BB) of section 4123.68 of
the Revised Code,
and 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 administrator shall allow to the
employee 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. The administrator may accord to
the employee medical
and other benefits 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 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.
Sec. 4123.68. Every employee who is disabled because of
the
contraction of an occupational disease or the dependent of an
employee whose death is caused by an occupational disease, is
entitled to the compensation provided by sections 4123.55 to
4123.59 and 4123.66 of the Revised Code subject to the
modifications relating to occupational diseases contained in this
chapter. An order of the administrator issued under this section
is appealable pursuant to sections 4123.511 and 4123.512 of the
Revised Code.
The following diseases are occupational diseases and
compensable as such when contracted by an employee in the course
of the employment in which such employee was engaged and due to
the nature of any process described in this section. A disease
which meets the definition of an occupational disease is
compensable pursuant to this chapter though it is not
specifically
listed in this section.
SCHEDULE
Description of disease or injury and description of
process:
(A) Anthrax: Handling of wool, hair, bristles, hides, and
skins.
(B) Glanders: Care of any equine animal suffering from
glanders; handling carcass of such animal.
(C) Lead poisoning: Any industrial process involving the
use
of lead or its preparations or compounds.
(D) Mercury poisoning: Any industrial process involving
the
use of mercury or its preparations or compounds.
(E) Phosphorous poisoning: Any industrial process
involving
the use of phosphorous or its preparations or
compounds.
(F) Arsenic poisoning: Any industrial process involving
the
use of arsenic or its preparations or compounds.
(G) Poisoning by benzol or by nitro-derivatives and
amido-derivatives of benzol (dinitro-benzol, anilin, and others):
Any industrial process involving the use of benzol or
nitro-derivatives or amido-derivatives of benzol or its
preparations or compounds.
(H) Poisoning by gasoline, benzine, naphtha, or other
volatile petroleum products: Any industrial process involving
the
use of gasoline, benzine, naphtha, or other volatile
petroleum
products.
(I) Poisoning by carbon bisulphide: Any industrial
process
involving the use of carbon bisulphide or its
preparations or
compounds.
(J) Poisoning by wood alcohol: Any industrial process
involving the use of wood alcohol or its preparations.
(K) Infection or inflammation of the skin on contact
surfaces
due to oils, cutting compounds or lubricants, dust,
liquids,
fumes, gases, or vapors: Any industrial process
involving the
handling or use of oils, cutting compounds or
lubricants, or
involving contact with dust, liquids, fumes,
gases,
or vapors.
(L) Epithelion cancer or ulceration of the skin or of the
corneal surface of the eye due to carbon, pitch, tar, or tarry
compounds: Handling or industrial use of carbon, pitch, or tarry
compounds.
(M) Compressed air illness: Any industrial process
carried
on
in compressed air.
(N) Carbon dioxide poisoning: Any process involving the
evolution or resulting in the escape of carbon dioxide.
(O) Brass or zinc poisoning: Any process involving the
manufacture, founding, or refining of brass or the melting or
smelting of zinc.
(P) Manganese dioxide poisoning: Any process involving
the
grinding or milling of manganese dioxide or the escape of
manganese dioxide dust.
(Q) Radium poisoning: Any industrial process involving
the
use of radium and other radioactive substances in luminous
paint.
(R) Tenosynovitis and prepatellar bursitis: Primary
tenosynovitis characterized by a passive effusion or crepitus
into
the tendon sheath of the flexor or extensor muscles of the
hand,
due to frequently repetitive motions or vibrations, or
prepatellar
bursitis due to continued pressure.
(S) Chrome ulceration of the skin or nasal passages: Any
industrial process involving the use of or direct contact with
chromic acid or bichromates of ammonium, potassium, or sodium or
their preparations.
(T) Potassium cyanide poisoning: Any industrial process
involving the use of or direct contact with potassium cyanide.
(U) Sulphur dioxide poisoning: Any industrial process in
which sulphur dioxide gas is evolved by the expansion of liquid
sulphur dioxide.
(V) Berylliosis: Berylliosis means a disease of the lungs
caused by breathing beryllium in the form of dust or fumes,
producing characteristic changes in the lungs and demonstrated by
x-ray examination, by biopsy or by autopsy.
This chapter does not entitle an employee or
his
the
employee's
dependents to compensation, medical treatment, or
payment of funeral expenses
for disability or death from
berylliosis unless the
employee has been subjected to injurious
exposure to beryllium
dust or fumes in
his
the employee's
employment in this state
preceding
his
the employee's
disablement
and only in the event of such disability or death resulting within
eight years after the last injurious exposure;
provided that such
eight-year limitation does not apply to
disability or death from
exposure occurring after January 1,
1976. In the event of death
following continuous total
disability commencing within eight
years after the last injurious
exposure, the requirement of death
within eight years after the
last injurious exposure does not
apply.
Before awarding compensation for partial or total
disability
or death due to berylliosis, the administrator
of workers'
compensation shall refer the claim to a qualified medical
specialist for examination and recommendation with regard
to the
diagnosis, the extent of the disability, the
nature of the
disability, whether permanent or temporary, the cause of death,
and other medical questions connected with the claim. An
employee
shall submit to such examinations, including clinical
and x-ray
examinations, as the administrator requires. In the
event that an
employee refuses to submit to examinations,
including clinical and
x-ray examinations, after notice from the
administrator, or in the
event that a claimant for compensation
for death due to
berylliosis fails to produce necessary consents
and permits, after
notice from the administrator, so that such
autopsy examination
and tests may be performed, then all rights
for compensation are
forfeited. The reasonable compensation of
such specialist and the
expenses of examinations and tests shall
be paid, if the claim is
allowed, as part of the expenses of the
claim, otherwise they
shall be paid from the surplus fund.
(W) Cardiovascular, pulmonary, or respiratory diseases
incurred by
fire
fighters
firefighters or police officers
following exposure to
heat, smoke, toxic gases, chemical fumes and
other toxic
substances: Any cardiovascular, pulmonary, or
respiratory
disease of a
fire fighter
firefighter or police
officer caused or induced by
the cumulative effect of exposure to
heat, the inhalation of
smoke, toxic gases, chemical fumes and
other toxic substances in
the performance of
his
the firefighter's
or police officer's
duty constitutes a presumption, which may be
refuted by affirmative evidence,
that such occurred in the
course
of and arising out of
his
the firefighter's or police
officer's
employment. For the purpose of this section, "fire
fighter
firefighter" means any regular member of a
lawfully constituted
fire department of a municipal corporation
or township, whether
paid or volunteer, and "police officer"
means any regular member
of a lawfully constituted police
department of a municipal
corporation, township or county,
whether paid or volunteer.
This chapter does not entitle a
fire fighter
firefighter, or
police officer, or
his
the firefighter's or police officer's
dependents to compensation, medical treatment, or payment of
funeral expenses
for disability or death from a cardiovascular,
pulmonary, or respiratory
disease, unless the
fire fighter
firefighter or police officer
has been subject to injurious
exposure to heat, smoke, toxic gases, chemical
fumes, and other
toxic substances in
his
the firefighter's or police
officer's
employment in this state preceding
his
the
firefighter's or police
officer's disablement, some portion of which has
been after
January 1, 1967, except as provided in division (E) of section
4123.57 of the Revised Code.
Compensation on account of cardiovascular, pulmonary, or
respiratory diseases of
fire fighters
firefighters and police
officers is payable only in the event of temporary total
disability, permanent
total disability, or death, in accordance
with section
4123.56, 4123.58, or 4123.59 of the Revised Code.
Medical,
hospital, and nursing expenses are payable in accordance
with
this chapter. Compensation, medical, hospital, and nursing
expenses are payable only in the event of such disability or
death
resulting within eight years after the last injurious
exposure;
provided that such eight-year limitation does not apply
to
disability or death from exposure occurring after January 1,
1976.
In the event of death following continuous total
disability
commencing within eight years after the last injurious
exposure,
the requirement of death within eight years after the last
injurious
exposure does not apply.
This chapter does not entitle a
fire fighter
firefighter or
police officer, or
his
the firefighter's or police officer's
dependents, to compensation, medical, hospital, and nursing
expenses, or
payment of funeral expenses for disability or death
due to a cardiovascular,
pulmonary, or respiratory disease in the
event of failure or omission on the
part of the
fire fighter
firefighter or police officer
truthfully to state, when seeking
employment, the place, duration, and nature
of previous employment
in answer to an inquiry made by the employer.
Before awarding compensation for disability or death under
this division, the administrator shall refer the claim to a
qualified medical specialist for examination and recommendation
with regard to the diagnosis, the extent of disability, the cause
of death, and other medical questions connected with the claim.
A
fire fighter
firefighter or police officer shall submit to
such
examinations, including clinical and x-ray examinations, as the
administrator requires. In the event that a
fire fighter
firefighter or
police officer refuses to submit to examinations,
including
clinical and x-ray examinations, after notice from the
administrator, or in the event that a claimant for compensation
for death under this division fails to produce necessary consents
and permits, after notice from the administrator, so that such
autopsy examination and tests may be performed, then all rights
for compensation are forfeited. The reasonable compensation of
such specialists and the expenses of examination and tests shall
be paid, if the claim is allowed, as part of the expenses of the
claim, otherwise they shall be paid from the surplus fund.
(X)(1) Cancer or disease contracted by a firefighter, police
officer, or
public emergency medical services worker: Any of the
following
types of cancer or disease contracted by a firefighter,
police officer,
or public
emergency medical services worker who,
in the case of a
firefighter or public emergency medical services
worker, has been
assigned at least
three years of hazard duty as
a firefighter or
public emergency
medical services worker,
constitutes a
presumption, which
may be
refuted by affirmative
evidence, that
the cancer or disease was
contracted in the
course of and
arising
out of the firefighter's, police officer's,
or public emergency
medical services
worker's employment:
(a) Cancer of the lung, brain, kidney, bladder, rectum,
stomach, skin, or prostate;
(b) Non-Hodgkins lymphoma;
(e) Testicular or colorectal cancer;
(f) A contagious or infectious disease specified in rules
adopted pursuant to division (F) of section 3701.248 of the
Revised Code.
(2) As used in division (X)(1) of this section:
(a) "Public emergency
medical services worker" means a person
who holds a current valid
certificate issued under Chapter 4765.
of the Revised Code and is a member of a public retirement system.
(b) "Public retirement system" has the same meaning as in
section 2907.15 of the Revised Code.
(Y) Silicosis: Silicosis means a disease of the lungs
caused
by breathing silica dust (silicon dioxide) producing
fibrous
nodules distributed through the lungs and demonstrated by
x-ray
examination, by biopsy or by autopsy.
(Y)(Z) Coal miners' pneumoconiosis: Coal miners'
pneumoconiosis, commonly referred to as "black lung disease,"
resulting from working in the coal mine industry and due to
exposure to the breathing of coal dust, and demonstrated by x-ray
examination, biopsy, autopsy or other medical or clinical tests.
This chapter does not entitle an employee or
his
the
employee's
dependents to compensation, medical treatment, or
payment of funeral
expenses for disability or death from
silicosis, asbestosis, or
coal miners' pneumoconiosis unless the
employee has been subject
to injurious exposure to silica dust
(silicon dioxide), asbestos,
or coal dust in
his
the employee's
employment in this state
preceding
his
the employee's disablement,
some portion of which
has been after October 12, 1945, except as
provided in division (E) of section
4123.57 of the Revised Code.
Compensation on account of silicosis, asbestosis, or coal
miners' pneumoconiosis are payable only in the event of temporary
total disability, permanent total disability, or death, in
accordance with sections 4123.56, 4123.58, and 4123.59 of the
Revised Code. Medical, hospital, and nursing expenses are
payable
in accordance with this chapter. Compensation, medical,
hospital,
and nursing expenses are payable only in the event of
such
disability or death resulting within eight years after the
last
injurious exposure; provided that such eight-year limitation
does
not apply to disability or death occurring after January 1,
1976,
and further provided that such eight-year limitation does
not
apply to any asbestosis cases. In the event of death
following
continuous total disability commencing within eight
years after
the last injurious exposure, the requirement of death
within eight
years after the last injurious exposure does not
apply.
This chapter does not entitle an employee or
his
the
employee's
dependents to compensation, medical, hospital and
nursing expenses, or payment
of funeral expenses for disability or
death due to
silicosis, asbestosis, or coal miners' pneumoconiosis
in the
event of the failure or omission on the part of the
employee
truthfully to state, when seeking employment, the place,
duration, and nature of previous employment in answer to an
inquiry made by the employer.
Before awarding compensation for disability or death due to
silicosis, asbestosis, or coal miners' pneumoconiosis, the
administrator shall refer the claim to a qualified medical
specialist for examination and recommendation with regard to the
diagnosis, the extent of disability, the cause of death, and
other
medical questions connected with the claim. An employee
shall
submit to such examinations, including clinical and x-ray
examinations, as the administrator requires. In the event that
an
employee refuses to submit to examinations, including clinical
and
x-ray examinations, after notice from the administrator, or
in the
event that a claimant for compensation for death due to
silicosis,
asbestosis, or coal miners' pneumoconiosis fails to
produce
necessary consents and permits, after notice from the
commission,
so that such autopsy examination and tests may be
performed, then
all rights for compensation are forfeited. The
reasonable
compensation of such specialist and the expenses of
examinations
and tests shall be paid, if the claim is allowed, as
a part of the
expenses of the claim, otherwise they shall be paid
from the
surplus fund.
(Z)(AA) Radiation illness: Any industrial process involving
the use of radioactive materials.
Claims for compensation and benefits due to radiation
illness
are payable only in the event death or disability
occurred within
eight years after the last injurious exposure
provided that such
eight-year limitation does not apply to
disability or death from
exposure occurring after January 1,
1976. In the event of death
following continuous disability which commenced
within eight years
of the last injurious exposure
the requirement of death within
eight years after the last
injurious exposure does not apply.
(AA)(BB) Asbestosis: Asbestosis means a disease caused by
inhalation or ingestion of asbestos, demonstrated by x-ray
examination, biopsy, autopsy, or other objective medical or
clinical tests.
All conditions, restrictions, limitations, and other
provisions of this section, with reference to the payment of
compensation or benefits on account of silicosis or coal miners'
pneumoconiosis apply to the payment of compensation or benefits
on
account of any other occupational disease of the respiratory
tract
resulting from injurious exposures to dust.
The refusal to produce the necessary consents and permits
for
autopsy examination and testing shall not result in
forfeiture of
compensation provided the administrator finds that
such refusal
was the result of bona fide religious convictions or
teachings to
which the claimant for compensation adhered prior to
the death of
the decedent.
Section 2. That existing sections 742.38, 4123.57, and
4123.68 of the Revised Code are hereby repealed.
Section 3. The amendment made by this act to section 742.38
of the Revised Code applies to an application for a disability
benefit that is filed on or after the effective date of this
section.
Section 4. The amendments made by this act to sections
4123.57 and 4123.68 of the Revised Code apply only to claims
pursuant to Chapters 4121. and 4123. of the Revised Code arising
on and after the effective date of this section.
|
|