To enact section 4123.391 of the Revised Code to prescribe the circumstances in which an individual who is injured or contracts an occupational disease in the course of and arising out of participation in a learn to earn program receives compensation under the Workers' Compensation Law or under Unemployment Compensation Law.

Section 1. That section 4123.391 of the Revised Code be enacted to read as follows:

Sec. 4123.391.  (A) For purposes of this section, "learn to earn program" means any program established by the department of job and family services that is designed to increase an individual's opportunity to move to permanent employment through a short-term work experience placement with an eligible employer.

(B) A participant in a learn to earn program is entitled to compensation and benefits under this chapter as provided in this section.

(C)(1) A learn to earn program participant who suffers an injury or contracts an occupational disease that produces a disability arising out of and in the course of participation in the learn to earn program, and who remains otherwise eligible for unemployment compensation benefits pursuant to Chapter 4141. of the Revised Code, shall receive unemployment compensation benefits while otherwise eligible for those benefits.

(2) If a disability arising out of and in the course of participation in a learn to earn program causes a participant to become ineligible for unemployment compensation benefits or unable to work after the expiration of the participant's eligibility for unemployment compensation benefits, the participant shall receive compensation and benefits under this chapter.

(D) For purposes of this section, a participant in a learn to earn program is an employee of the department, and not an employee of the entity conducting the training.

(E)(1) A learn to earn participant is considered to have accepted the terms and conditions of this chapter and to have waived on behalf of the participant or the participant's personal or legal representatives all rights of action on account of the participant's injury or occupational disease arising out of and in the course of participation in the program whether at common law, by statute, or under the laws of any other state against the entity conducting the training, the department, or any learn to earn program established by the department.

(2) The dependents of a participant shall have no direct cause of action to recover for damages on account of the participant's personal injury or death against any person identified in division (E)(1) of this section, whether at common law, by statute, or under the laws of any other state.

(3) Notwithstanding division (E)(1) of this section, a participant does not waive on behalf of the participant or the participant's personal or legal representatives, any cause of action for intentional torts against any officer, director, agent, or employee acting on behalf of the entities listed in division (E)(1) of this section.

(F) Notwithstanding sections 4123.39 and 4123.40 of the Revised Code, the department may insure the compensation and benefits provided under this chapter pursuant to this section. The department may include a learn to earn participant in its department workers' compensation coverage, or may establish a separate workers' compensation coverage policy with the bureau of workers' compensation upon the terms and conditions for insurance to be established by the bureau consistent with insurance principles, as is equitable in the view of degree and hazard.

(G) Notwithstanding section 4123.82 of the Revised Code, the department may enter into a contract to indemnify the department against all or part of the department's loss as a result of liability of the department that is attributable to any claims for compensation or benefits under this chapter arising from participation in any learn to earn program.