reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4121 | Industrial Commission; Bureau of Workers' Compensation › Section 4121.122 | Discipline of Commission and Bureau Employees.

Effective:
September 10, 2007
Latest Legislation:
House Bill 100 - 127th General Assembly
(A) The administrator of workers' compensation, for employees of the bureau of workers' compensation, and the industrial commission, for employees of the commission may discipline, suspend, demote or discharge any employee for misfeasance, malfeasance, or nonfeasance. In the case of any deputy administrator, or of any employee assigned to the investigation or determination of claims, and finding of the administrator or the commission that such person is not efficient, impartial, or judicious, if supported by any evidence and not promoted by personal, political, racial, or religious discrimination shall be accepted as a fact justifying the action taken by the administrator or commission.
(B) The administrator and the commission shall jointly adopt, in the form of a rule, a code of ethics for all employees of the bureau and the commission and post copies of the rule in a conspicuous place in every bureau and commission office.
(C) The administrator and the commission shall jointly adopt rules setting forth procedures designed to eliminate outside influence on bureau and commission employees, produce an impartial workers' compensation claims handling process, and avoid favoritism in the claims handling process. Failure to adopt and enforce these rules constitutes grounds for removal of the administrator and the members of the commission.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4121 | Industrial Commission; Bureau of Workers' Compensation › Section 4121.126 | Conflicts of Interest by Board Members or Bureau Employees.

Effective:
September 10, 2007
Latest Legislation:
House Bill 100 - 127th General Assembly
Except as provided in this chapter, no member of the bureau of workers' compensation board of directors or employee of the bureau of workers' compensation shall have any direct or indirect interest in the gains or profits of any investment made by the administrator of workers' compensation or shall receive directly or indirectly any pay or emolument for the member's or employee's services. No member or person connected with the bureau directly or indirectly, for self or as an agent or partner of others, shall borrow any of its funds or deposits or in any manner use the funds or deposits except to make current and necessary payments that are authorized by the administrator. No member of the board or employee of the bureau shall become an indorser or surety or become in any manner an obligor for moneys loaned by or borrowed from the bureau.
The administrator shall make no investments through or purchases from, or otherwise do any business with, any individual who is, or any partnership, association, or corporation that is owned or controlled by, a person who within the preceding three years was employed by the bureau, a board member of, or an officer of the board, or a person who within the preceding three years was employed by or was an officer holding a fiduciary, administrative, supervisory, or trust position, or any other position in which such person would be involved, on behalf of the person's employer, in decisions or recommendations affecting the investment policy of the bureau, and in which such person would benefit by any monetary gain.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4121 | Industrial Commission; Bureau of Workers' Compensation › Section 4121.128 | Attorney General Legal Adviser of Board.

Effective:
June 30, 2011
Latest Legislation:
House Bill 153, Senate Bill 171 - 129th General Assembly
The attorney general shall be the legal adviser of the bureau of workers' compensation board of directors.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4121 | Industrial Commission; Bureau of Workers' Compensation › Section 4121.13 | Administrator of Workers' Compensation - Powers and Duties.

Effective:
November 3, 1989
Latest Legislation:
House Bill 222 - 118th General Assembly
The administrator of workers' compensation shall:
(A) Investigate, ascertain, and declare and prescribe what hours of labor, safety devices, safeguards, or other means or methods of protection are best adapted to render the employees of every employment and place of employment and frequenters of every place of employment safe, and to protect their welfare as required by law or lawful orders, and establish and maintain museums of safety and hygiene in which shall be exhibited safety devices, safeguards, and other means and methods for the protection of life, health, safety, and welfare of employees;
(B) Ascertain and fix reasonable standards and prescribe, modify, and enforce reasonable orders for the adoption of safety devices, safeguards, and other means or methods of protection to be as nearly uniform as possible as may be necessary to carry out all laws and lawful orders relative to the protection of the life, health, safety, and welfare of employees in employments and places of employment or frequenters of places of employment;
(C) Ascertain, fix, and order reasonable standards for the construction, repair, and maintenance of places of employment as shall render them safe;
(D) Investigate, ascertain, and determine reasonable classifications of persons, employments, and places of employment as are necessary to carry out the applicable sections of sections 4101.01 to 4101.16 and 4121.01 to 4121.29 of the Revised Code;
(E) Adopt reasonable and proper rules relative to the exercise of his powers and authorities, and proper rules to govern his proceedings and to regulate the mode and manner of all investigations and hearings, which rules shall not be effective until ten days after their publication; a copy of the rules shall be delivered at cost to every citizen making application therefor;
(F) Investigate all cases of fraud or other illegalities pertaining to the operation of the workers' compensation system and its several insurance funds and for that purpose, the administrator has every power of an inquisitorial nature granted to the industrial commission in this chapter and Chapter 4123. of the Revised Code;
(G) Do all things convenient and necessary to accomplish the purposes directed in sections 4101.01 to 4101.16 and 4121.01 to 4121.28 of the Revised Code;
(H) Nothing in this section shall be construed to supersede section 4105.011 of the Revised Code in particular, or Chapter 4105. of the Revised Code in general.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4121 | Industrial Commission; Bureau of Workers' Compensation › Section 4121.131 | Special Investigation Department Access to Crime Databases.

Effective:
August 25, 2006
Latest Legislation:
Senate Bill 7 - 126th General Assembly
The bureau of workers' compensation special investigation department is a criminal justice agency in investigating reported violations of law relating to workers' compensation, and as such may apply for access to the computerized databases administered by the national crime information center or the law enforcement automated data system in Ohio and to other computerized databases administered for the purpose of making criminal justice information accessible to state and criminal justice agencies.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4121 | Industrial Commission; Bureau of Workers' Compensation › Section 4121.14 | Investigating Agent.

Effective:
November 3, 1989
Latest Legislation:
House Bill 222 - 118th General Assembly
For the purpose of making any investigation with regard to any employment or place of employment, the administrator of workers' compensation may appoint, by an order in writing, any employee of the bureau of workers' compensation, any deputy, who is a citizen of the state, or any other competent person who is a resident of the state, as an agent whose duty shall be prescribed in the order.
In the discharge of his duties the agent shall have every power whatsoever of an inquisitorial nature granted in sections 4101.01 to 4101.16 and 4121.01 to 4121.29 of the Revised Code to the bureau, and the same powers as a master commissioner appointed by a court of common pleas with regard to taking testimony.
The bureau may conduct any number of investigations contemporaneously through different agents, and may delegate to agents the taking of all testimony bearing upon any investigation or hearing.
The decision of the bureau shall be based upon its examination of all testimony and records. The recommendations made by agents shall be advisory only and shall not preclude the taking of further testimony if the bureau orders, nor further investigation.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4121 | Industrial Commission; Bureau of Workers' Compensation › Section 4121.15 | Power to Administer Oaths, Issue Subpoenas, and Compel Attendance of Witnesses.

Effective:
November 3, 1989
Latest Legislation:
House Bill 222 - 118th General Assembly
The administrator of workers' compensation and his designees, for the purposes mentioned in sections 4121.01 to 4121.29 of the Revised Code may administer oaths, certify to official acts, issue subpoenas, and compel attendance of witnesses and the production of papers, books, accounts, documents, and testimony. In case of the failure of any person to comply with any order of the bureau of workers' compensation or any subpoena lawfully issued, or upon the refusal of any witness to testify to any matter regarding which he may be lawfully interrogated, the judge of the court of common pleas of any county in this state, on the application of the bureau, shall compel obedience by attachment proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from the court or a refusal to testify therein.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4121 | Industrial Commission; Bureau of Workers' Compensation › Section 4121.16 | Witness Attendance - Fees and Mileage.

Effective:
July 1, 2009
Latest Legislation:
House Bill 525 - 127th General Assembly
Each witness who appears before the bureau of workers' compensation by its order shall receive for the witness's attendance the fees and mileage provided for under section 119.094 of the Revised Code, which shall be paid from the state insurance fund on the approval of the administrator of workers' compensation. No witnesses subpoenaed at the instance of the parties other than the bureau is entitled to compensation from the state for attendance or travel unless the bureau certifies that the witness's testimony was material to the matter investigated.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4121 | Industrial Commission; Bureau of Workers' Compensation › Section 4121.17 | Examination of Place of Employment Upon Petition That Same Is Unsafe.

Effective:
November 3, 1989
Latest Legislation:
House Bill 222 - 118th General Assembly
(A) Upon petition by any person that any employment or place of employment is not safe or is injurious to the welfare of any employee or frequenter, the bureau of workers' compensation shall proceed with or without notice to make an investigation as is necessary to determine the matter complained of.
(B) After such hearing as is necessary, the bureau may enter any necessary order relative thereto to render the employment or place of employment safe and not injurious to the welfare of the employees therein or frequenters thereof.
(C) Whenever the bureau learns that any employment or place of employment is not safe or is injurious to the welfare of any employee or frequenter, it may of its own motion summarily investigate the same, with or without notice, and issue such order as is necessary thereto.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4121 | Industrial Commission; Bureau of Workers' Compensation › Section 4121.19 | Record of Proceedings.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
A full and complete record shall be kept of all proceedings had before the bureau of workers' compensation on any investigation.
Last updated September 18, 2023 at 9:09 AM
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4121 | Industrial Commission; Bureau of Workers' Compensation › Section 4121.20 | Depositions.

Effective:
November 3, 1989
Latest Legislation:
House Bill 222 - 118th General Assembly
The bureau of workers' compensation or any party may in any investigation cause depositions of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4121 | Industrial Commission; Bureau of Workers' Compensation › Section 4121.21 | Effective Date of Orders - Time for Compliance.

Effective:
November 3, 1989
Latest Legislation:
House Bill 222 - 118th General Assembly
(A) All general orders of the bureau of workers' compensation shall take effect within thirty days after their publication. Special orders shall take effect as therein directed.
(B) The bureau shall, upon application of any employer, grant such time as is reasonably necessary for compliance with any order.
(C) Any person may petition the bureau for an extension of time, which the bureau shall grant if it finds the extension of time necessary.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4121 | Industrial Commission; Bureau of Workers' Compensation › Section 4121.22 | Jurisdiction Over Places of Employment.

Effective:
November 3, 1989
Latest Legislation:
House Bill 222 - 118th General Assembly
Sections 4101.01 to 4101.16 and 4121.01 to 4121.29 of the Revised Code do not deprive the legislative authority of any municipal corporation or any board of trustees or officer of any municipal corporation of any power or jurisdiction over or relative to any place of employment, provided that whenever the bureau of workers' compensation, by an order, fixes a standard of safety or any hygienic condition for employments or places of employment, the order shall, upon the filing by the bureau of a copy thereof with the clerk of the municipal corporation to which it applies, be held to amend or modify any similar conflicting local order in any particular matters governed by the order. Thereafter, no local officer shall make or enforce any order to the contrary.
Any person affected by any local order in conflict with an order of the bureau may petition the bureau for a hearing on the ground that the local order is unreasonable and in conflict with the order of the bureau. The petition for hearing shall conform to the requirements set forth for a petition in section 4121.23 of the Revised Code.
Upon receipt of the petition, the bureau shall order a hearing to consider and determine the issues raised by the appeal, which hearing shall be held in the municipal corporation where the local order appealed from was made. Notice of the time and place of the hearing shall be given to the petitioner and such other persons as the bureau finds directly interested in the decision, including the clerk of the village or the mayor of the municipal corporation from which the appeal came.
If upon investigation the bureau finds that the local order appealed from is unreasonable and in conflict with the order of the bureau, the bureau may modify its order and shall substitute for the local order appealed from such order as is reasonable and legal in the premises, and thereafter the local order, in such particulars, is void.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4121 | Industrial Commission; Bureau of Workers' Compensation › Section 4121.23 | Petition for Hearing by Employer.

Effective:
November 3, 1989
Latest Legislation:
House Bill 222 - 118th General Assembly
Any employer or other person interested either because of ownership in or occupation of any property affected by any order of the bureau of workers' compensation, or otherwise, may petition for a hearing on the reasonableness and lawfulness of any bureau order.
The petition for hearing shall be by verified petition, filed with the bureau, setting out specifically and in full detail the order upon which a hearing is desired and every reason why the order is unreasonable or unlawful, and every issue to be considered by the bureau on the hearing. The petitioner shall be deemed to have finally waived all objection to any irregularities and illegalities in the order upon which a hearing is sought other than those set forth in the petition. All hearings of the bureau shall be open to the public.
Upon receipt of the petition, if the issues raised in the petition have theretofore been adequately considered, the bureau shall determine the same by confirming, without hearing, its previous determination, or if a hearing is necessary to determine the issues raised, the bureau shall order a hearing thereon and consider and determine the matters in question at the time prescribed.
Notice of the time and place of the hearing shall be given to the petitioner and to such other persons as the bureau finds directly interested in the decision.
Upon an investigation, if it is found that the order complained of is unlawful or unreasonable, the bureau shall substitute a lawful and reasonable order therefor.
Whenever at the time of final determination upon hearing it is found that further time is reasonably necessary for compliance with the order of the bureau, the bureau shall grant such time as is reasonably necessary for compliance.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4121 | Industrial Commission; Bureau of Workers' Compensation › Section 4121.24 | No Action to Vacate Allowed Until After Hearing.

Effective:
November 3, 1989
Latest Legislation:
House Bill 222 - 118th General Assembly
No action, proceeding, or suit to set aside, vacate, or amend any order of the bureau of workers' compensation, or to enjoin the enforcement thereof, shall be brought unless the plaintiff has applied to the bureau for a hearing thereon at the time and as provided in section 4121.23 of the Revised Code and in the petition therefor has raised every issue raised in the action.
Every order of the bureau is, in every prosecution for a violation thereof, conclusively presumed to be just, reasonable, and lawful, unless prior to the institution of the prosecution for the violation an action has been brought to vacate and set aside the order as provided in section 4121.28 of the Revised Code.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4121 | Industrial Commission; Bureau of Workers' Compensation › Section 4121.25 | Action to Set Aside, Vacate, or Amend Order.

Effective:
November 3, 1989
Latest Legislation:
House Bill 222 - 118th General Assembly
Any employer or other person in interest who is dissatisfied with any order of the bureau of workers' compensation may commence an action in the supreme court, against the bureau as defendant, to set aside, vacate, or amend any order on the ground that the order is unreasonable or unlawful and the supreme court has exclusive jurisdiction to hear and determine the action. The bureau shall be served with summons as in other civil cases.
The answer of the bureau shall be filed within ten days after service of summons upon it and with its answer it shall file a certified transcript of its record in the matter. Upon the filing of the answer the action shall be at issue and shall be advanced and assigned for trial by the court, upon the application of either party, at the earliest possible date.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4121 | Industrial Commission; Bureau of Workers' Compensation › Section 4121.26 | Statement of Issues Not Adequately Considered - Stay of Proceedings.

Effective:
November 3, 1989
Latest Legislation:
House Bill 222 - 118th General Assembly
If upon the trial of an action under section 4121.25 of the Revised Code it appears that all issues arising in the action have not theretofore been presented to the bureau of workers' compensation in the petition filed as provided in section 4121.23 of the Revised Code, or that the bureau has not theretofore had ample opportunity to hear and determine any of the issues raised in the action, or has for any reason not in fact heard and determined the issues raised, the court shall, before proceeding to render judgment, unless the parties to the action stipulate to the contrary, transmit to the bureau a full statement of the issues not adequately considered and shall stay further proceedings in the action for fifteen days from the date of transmission and may thereafter grant such further stay as is necessary.
Upon the receipt of the statement the bureau shall consider the issues not theretofore considered, and may alter, modify, amend, or rescind its order complained of in the action, and shall report its order thereon to the court within ten days from the receipt of the statement from the court for further hearing and consideration.
The court shall thereupon order such amendment or other proceeding as is necessary to raise the issues as changed by the modification of order as has been made by the bureau upon the hearing, if any modification has in fact been made, and shall thereupon proceed with the action in the manner provided by law for other civil actions.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4121 | Industrial Commission; Bureau of Workers' Compensation › Section 4121.27 | Exclusive Jurisdiction of Supreme Court.

Effective:
November 3, 1989
Latest Legislation:
House Bill 222 - 118th General Assembly
No court of this state, except the supreme court to the extent specified by sections 4101.01 to 4101.16 and 4121.01 to 4121.29 of the Revised Code has jurisdiction to review, vacate, set aside, reverse, revise, correct, amend, or annul any order of the bureau of workers' compensation, or to suspend or delay the execution or operation thereof or to enjoin, restrain, or interfere with the bureau in the performance of its official duties. The writ of mandamus shall lie from the supreme court to the bureau in all proper cases.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4121 | Industrial Commission; Bureau of Workers' Compensation › Section 4121.28 | Order of Bureau of Workers' Compensation Not Stayed by Pendency of Action.

Effective:
November 3, 1989
Latest Legislation:
House Bill 222 - 118th General Assembly
The pendency of an action to set aside, vacate, or amend an order of the bureau of workers' compensation shall not of itself stay or suspend the operation of an order of the bureau, but during the pendency of the action the supreme court may stay or suspend, in whole or in part, the operation of the bureau's order. No order so staying or suspending an order of the bureau shall be made by the supreme court otherwise than upon three days' notice and after hearing.
In case the order is stayed or suspended the order of the supreme court shall not become effective until a suspending bond has first been executed and filed with and approved by the bureau, or by the supreme court or the clerk thereof, payable to the state and sufficient in amount and security to insure the prompt payment by the party petitioning to set aside, vacate, or amend the order of all damages caused by the delay in the enforcement of the order of the bureau.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4121 | Industrial Commission; Bureau of Workers' Compensation › Section 4121.29 | Priority to Be Given Actions.

Effective:
November 3, 1989
Latest Legislation:
House Bill 222 - 118th General Assembly
All actions and proceedings under sections 4101.01 to 4101.16 and 4121.01 to 4121.29 of the Revised Code and all actions or proceedings to which the bureau of workers' compensation or the state is a party, and in which any question arises under such sections, or under or concerning any order of the bureau, shall be preferred over all other civil cases, except election causes and causes involving or affecting the public utilities commission, irrespective of position on the calendar. The same preference shall be granted upon application of the attorney of the bureau in any action or proceeding in which he may be allowed to intervene.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4121 | Industrial Commission; Bureau of Workers' Compensation › Section 4121.30 | Administrative Rules.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) All rules governing the operating procedure of the bureau of workers' compensation and the industrial commission shall be adopted in accordance with Chapter 119. of the Revised Code, except that determinations of the bureau, district hearing officers, staff hearing officers, and the commission, with respect to an individual employee's claim to participate in the state insurance fund are governed only by Chapter 4123. of the Revised Code.
The administrator of workers' compensation and commission shall proceed jointly, in accordance with Chapter 119. of the Revised Code, including a joint hearing, to adopt joint rules governing the operating procedures of the bureau and commission.
(B) Upon submission to the bureau or the commission of a petition containing not less than fifteen hundred signatures of adult residents of the state, any individual may propose a rule for adoption, amendment, or rescission by the bureau or the commission. If, upon investigation, the bureau or commission is satisfied that the signatures upon the petition are valid, it shall proceed, in accordance with Chapter 119. of the Revised Code, to consider adoption, amendment, or rescission of the rule.
(C) The administrator shall make available electronically all rules adopted by the bureau and the commission and shall make available in a timely manner all rules adopted by the bureau and the commission that are currently in force.
(D) The rule-making authority granted to the administrator under this section does not limit the commission's rule-making authority relative to its overall adjudicatory policy-making and management duties under this chapter and Chapters 4123., 4127., and 4131. of the Revised Code. The administrator shall not disregard any rule adopted by the commission, provided that the rule is within the commission's rule-making authority.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4121 | Industrial Commission; Bureau of Workers' Compensation › Section 4121.31 | Joint Adoption of Administrative Rules.

Effective:
June 14, 2000
Latest Legislation:
House Bill 611 - 123rd General Assembly
(A) The administrator of workers' compensation and the industrial commission jointly shall adopt rules covering the following general topics with respect to this chapter and Chapter 4123. of the Revised Code:
(1) Rules that set forth any general policy and the principal operating procedures of the bureau of workers' compensation or commission, including but not limited to:
(a) Assignment to various operational units of any duties placed upon the administrator or the commission by statute;
(b) Procedures for decision-making;
(c) Procedures governing the appearances of a claimant, employer, or their representatives before the agency in a hearing;
(d) Procedures that inform claimants, on request, of the status of a claim and any actions necessary to maintain the claim;
(e) Time goals for activities of the bureau or commission;
(f) Designation of the person or persons authorized to issue directives with directives numbered and distributed from a central distribution point to persons on a list maintained for that purpose.
(2) A rule barring any employee of the bureau or commission from having a workers' compensation claims file in the employee's possession unless the file is necessary to the performance of the employee's duties.
(3) All claims, whether of a state fund or self-insuring employer, be processed in an orderly, uniform, and timely fashion.
(4) Rules governing the submission and sending of applications, notices, evidence, and other documents by electronic means. The rules shall provide that where this chapter or Chapter 4123., 4127., or 4131. of the Revised Code requires that a document be in writing or requires a signature, the administrator and the commission, to the extent of their respective jurisdictions, may approve of and provide for the electronic submission and sending of those documents, and the use of an electronic signature on those documents.
(B) As used in this section:
(1) "Electronic" includes electrical, digital, magnetic, optical, electromagnetic, facsimile, or any other form of technology that entails capabilities similar to these technologies.
(2) "Electronic record" means a record generated, communicated, received, or stored by electronic means for use in an information system or for transmission from one information system to another.
(3) "Electronic signature" means a signature in electronic form attached to or logically associated with an electronic record.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4121 | Industrial Commission; Bureau of Workers' Compensation › Section 4121.34 | District Hearing Officers - Jurisdiction.

Effective:
September 29, 1997
Latest Legislation:
House Bill 362 - 122nd General Assembly
(A) District hearing officers shall hear the matters listed in division (B) of this section. District hearing officers are in the classified civil service of the state, are full-time employees of the industrial commission, and shall be persons admitted to the practice of law in this state. District hearing officers shall not engage in any other activity that interferes with their full-time employment by the commission during normal working hours.
(B) District hearing officers shall have original jurisdiction on all of the following matters:
(1) Determinations under section 4123.57 of the Revised Code;
(2) All appeals from a decision of the administrator of workers' compensation under division (B) of section 4123.511 of the Revised Code;
(3) All other contested claims matters under this chapter and Chapters 4123., 4127., and 4131. of the Revised Code, except those matters over which staff hearing officers have original jurisdiction.
(C) The administrator of workers' compensation shall make available to each district hearing officer the facilities and assistance of bureau employees and furnish all information necessary to the performance of the district hearing officer's duties.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4121 | Industrial Commission; Bureau of Workers' Compensation › Section 4121.35 | Staff Hearing Officers - Jurisdiction.

Effective:
September 29, 1997
Latest Legislation:
House Bill 362 - 122nd General Assembly
(A) Staff hearing officers shall consider and decide all matters specified in division (B) of this section. All staff hearing officers are full-time employees of the industrial commission and shall be admitted to the practice of law in this state. Staff hearing officers shall not engage in any other activity that interferes with their full-time employment by the commission during normal working hours.
(B) Except as provided in division (D) of this section, staff hearing officers have original jurisdiction to hear and decide the following matters:
(1) Applications for permanent, total disability awards pursuant to section 4123.58 of the Revised Code;
(2) Appeals from an order of a district hearing officer issued under division (C) of section 4123.511 of the Revised Code;
(3) Applications for additional awards for violation of a specific safety rule of the administrator of workers' compensation pursuant to Section 35 of Article II of the Ohio Constitution;
(4) Applications for reconsideration pursuant to division (A) of section 4123.57 of the Revised Code. Decisions of the staff hearing officers on reconsideration pursuant to division (A) of section 4123.57 of the Revised Code are final.
(5) Reviews of settlement agreements pursuant to section 4123.65 of the Revised Code. Decisions of the staff hearing officer under that section are final and not appealable to the commission or to court under section 4123.511 or 4123.512 of the Revised Code.
(C) The decision of a staff hearing officer under division (D) of section 4123.511 of the Revised Code is the decision of the commission for the purposes of section 4123.512 of the Revised Code unless the commission hears an appeal under division (E) of section 4123.511 of the Revised Code.
(D) Staff hearing officers shall hold hearings on all matters referred to them for hearing. Hearing procedures shall conform to the rules the commission adopts pursuant to section 4121.36 of the Revised Code.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4121 | Industrial Commission; Bureau of Workers' Compensation › Section 4121.38 | Impairment Evaluation.

Effective:
November 3, 1989
Latest Legislation:
House Bill 222 - 118th General Assembly
(A) The industrial commission shall:
(1) Implement a program of impairment evaluation training for its staff physicians;
(2) Issue a manual of commission policy as to impairment evaluation so as to increase consistency of medical reports. This manual shall be available to the public at cost but shall be provided free to all physicians who treat claimants or to whom claimants are referred for evaluation. The commission shall take steps to ensure that the manual receives the widest possible distribution to physicians.
(3) Develop a method of peer review of medical reports prepared by the commission referral doctors;
(4) Issue a policy manual as to the basis upon which referrals to other than commission specialists will be made;
(5) Designate two hearing examiners and two medical staff members who shall be specially trained in medical-legal analysis. The specialists shall write evaluations of medical-legal problems upon assignment by other hearing examiners or the commission. The director of administrative services upon commission advice shall assign such employees to a salary schedule commensurate with expertise required of them.
(6) Require that prior to any examination, a physician to whom a claimant is referred for examination receives all necessary medical information in the claim file about the claimant and a complete statement as to the purpose of the examination.
(B) The commission may establish a medical section within the commission to perform the duties assigned to the commission under this section.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4121 | Industrial Commission; Bureau of Workers' Compensation › Section 4121.39 | Administrator of Workers' Compensation - Powers and Duties.

Effective:
September 29, 1997
Latest Legislation:
House Bill 215 - 122nd General Assembly
The administrator of workers' compensation shall do all of the following:
(A) Except as provided in section 4123.402 of the Revised Code, review and process all applications for claims;
(B) Award compensation and make payment on all noncontested claims;
(C) Make payment on orders of the industrial commission and district and staff hearing officers as provided in section 4123.511 of the Revised Code;
(D) Serve as representative of the state insurance fund;
(E) Establish a legal section within the bureau to provide legal advice and assistance to the administrator and the administrator's staff as to claims procedure and policy; appeals to be lodged on behalf of the state insurance fund; and other legal issues. The bureau legal section shall act as attorney for the state fund in administrative appeals.
(F) Establish a program for quality control, systems design, and internal auditing. In the operation of the program, the administrator shall ensure that audits are performed at least annually to determine whether or not the bureau meets the performance goals the administrator establishes.
(G) Ensure that there exists the coordination between the central office and the service offices necessary to facilitate open lines of communication and the standardized procedures in conformity with the requirements set forth in the operating manuals of the bureau. The administrator shall establish a line of authority from the central office to the service offices of the bureau sufficient to avoid ambiguity in the performance of any management or policy function.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4121 | Industrial Commission; Bureau of Workers' Compensation › Section 4121.40 | Service Directors - Investigators and Field Auditors - Duties.

Effective:
October 20, 1993
Latest Legislation:
House Bill 107 - 120th General Assembly
(A) The administrator of workers' compensation shall appoint a service director for each service office who shall have all of the following duties:
(1) Provide each claimant and employer fair, impartial, and equal treatment;
(2) Recommend any needed improvements for changes in staff size and accessibility to service offices;
(3) Recommend to the administrator appropriate action concerning any allegations of misconduct, abuse of authority, or fraud committed in his service office;
(4) Ensure that all current bureau rules and operating procedures are carried out by all employees under his direction;
(5) Assist claimants and employers who contact the service office for information or assistance with respect to claims processing and coverage.
(B) The administrator shall assign to each service office an adequate number of investigators and field auditors.
Service directors shall make investigators available to district hearing officers as needed.
In addition to other duties the administrator may assign to investigators, they shall, at the service directors' direction, investigate alleged instances of persons receiving compensation pursuant to section 4123.58 of the Revised Code and engaging in remunerative employment that is incompatible with the terms of that section.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4121 | Industrial Commission; Bureau of Workers' Compensation › Section 4121.41 | Information on Rights and Responsibilities - Optimum Level of Premium Payment - Complaints.

Effective:
July 29, 2011
Latest Legislation:
House Bill 123 - 129th General Assembly
(A) The administrator of workers' compensation shall operate a program designed to inform employees and employers of their rights and responsibilities under Chapter 4123. of the Revised Code and as part of that program prepare and distribute pamphlets, which clearly and simply explain at least all of the following:
(1) The rights and responsibilities of claimants and employers;
(2) The procedures for processing claims;
(3) The procedure for fulfilling employer responsibility;
(4) All applicable statutes of limitation;
(5) The availability of services and benefits;
(6) The claimant's right to representation in the processing of a claim or to elect no representation.
The administrator shall ensure that the provisions of this section are faithfully and speedily implemented.
(B) The bureau of workers' compensation shall maintain an ongoing program to identify employers subject to Chapter 4123. of the Revised Code and to audit employers to ensure an optimum level of premium payment. The bureau shall coordinate such efforts with other governmental agencies which have information as to employers who are subject to Chapter 4123. of the Revised Code.
(C) The administrator shall handle complaints through the service offices, the claims section, and the ombudsperson program. The administrator shall provide toll free telephone lines for employers and claimants in order to expedite the handling of complaints. The bureau shall monitor complaint traffic to ensure an adequacy of telephone service to bureau offices and shall compile statistics on complaint subjects. Based upon those compilations, the bureau shall revise procedures and rules to correct major problem areas and submit data and recommendations annually to the appropriate committees of the general assembly.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4121 | Industrial Commission; Bureau of Workers' Compensation › Section 4121.42 | In-Service Training Programs.

Effective:
October 20, 1993
Latest Legislation:
House Bill 107 - 120th General Assembly
(A) The administrator of workers' compensation and the industrial commission shall cooperatively implement with adequate staff a comprehensive in-service training program for their respective personnel that provides training with respect to the workers' compensation system in at least all of the following areas:
(1) General policies;
(2) Organization;
(3) Regulations;
(4) Management training, including supervision, system design, and budget drafting.
(B) The in-service training programs may be conducted by the permanent staff of the commission and the bureau or by any public or private person the commission or bureau designates.
(C) Personnel of each administrative section of the bureau and the commission shall receive training programs adequate to ensure all of the following:
(1) Familiarity with section duties and policy;
(2) Familiarity with duties and policy of sections which directly relate to their section;
(3) Continuous updating of policy and techniques for accomplishing section duties.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4121 | Industrial Commission; Bureau of Workers' Compensation › Section 4121.43 | Compensation Payments.

Effective:
September 28, 2021
Latest Legislation:
House Bill 75 - 134th General Assembly
The administrator of workers' compensation shall:
(A) Adopt rules to ensure that all compensation payments are accompanied by information which clearly indicates the source of payment, type of payment, method of computation, inclusive days of payment, reason for changes in payment, and telephone number or address for inquiries;
(B) Adopt rules to govern the method of issuing and delivering checks, including time limits for issuance of checks;
(C) Set standards and inform claimant of procedure for attorney or other representative pick-up of compensation payment check, and ensure that claimant has recently executed a proper authorization to pick up the check;
(D) Implement a written procedure for effectively obtaining notices of death of claimant and terminating compensation payments;
(E) Adopt rules to require that a claimant of whom medical examinations have been requested by the claimant's employer shall submit to such examinations and shall be reimbursed by the employer for reasonable expenses incurred in submitting to the examination and provide that the claimant shall be reimbursed by the employer in an amount equal to the wages lost during the time required to attend any such examination, in the event said claimant sustains lost wages as a result of any such examination.
Last updated August 4, 2021 at 2:16 PM
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4121 | Industrial Commission; Bureau of Workers' Compensation › Section 4121.446 | Selection of Managed Care Organizations.

Effective:
September 29, 1997
Latest Legislation:
House Bill 215 - 122nd General Assembly
The department of administrative services shall select one or more managed care organizations for each state office, agency, institution, board, or commission, except for a public college or university, unless otherwise agreed to between the department and a state office, agency, institution, board, or commission.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4121 | Industrial Commission; Bureau of Workers' Compensation › Section 4121.447 | Data Security Agreement.

Effective:
September 17, 2014
Latest Legislation:
House Bill 341, House Bill 493, House Bill 483 - 130th General Assembly
Each contract the administrator of workers' compensation enters into with a managed care organization under division (B)(4) of section 4121.44 of the Revised Code shall require the managed care organization to enter into a data security agreement with the state board of pharmacy governing the managed care organization's use of the board's drug database established and maintained under section 4729.75 of the Revised Code.
This section does not apply if the board no longer maintains the drug database.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4121 | Industrial Commission; Bureau of Workers' Compensation › Section 4121.47 | Violating Specific Safety Rule or Employee Welfare Legislation.

Effective:
July 11, 2001
Latest Legislation:
House Bill 75 - 124th General Assembly
(A) No employer shall violate a specific safety rule adopted by the administrator of workers' compensation pursuant to section 4121.13 of the Revised Code or an act of the general assembly to protect the lives, health, and safety of employees pursuant to Section 35 of Article II, Ohio Constitution. Chapter 4167. of the Revised Code and rules and standards adopted thereunder are not the rules or enactment referred to in this division and shall not be considered as such for purposes of this section.
(B) If a staff hearing officer, in the course of the staff hearing officer's determination of a claim for an additional award under Section 35 of Article II, Ohio Constitution, finds the employer guilty of violating division (A) of this section, the staff hearing officer shall, in addition to any award paid to the claimant, issue an order to the employer to correct the violation within the period of time the staff hearing officer fixes. For any violation occurring within twenty-four months of the last violation, the staff hearing officer shall assess against the employer a civil penalty in an amount the staff hearing officer determines up to a maximum of fifty thousand dollars for each violation. In fixing the exact penalty, the staff hearing officer shall base the decision upon the size of the employer as measured by the number of employees, assets, and earnings of the employer.
(C) An employer dissatisfied with the imposition of a civil penalty pursuant to division (B) of this section may appeal the staff hearing officer's decision, if the commission refuses to hear the appeal under division (E) of section 4123.511 of the Revised Code, or a decision of the commission, if the commission hears the appeal under that division, to a court of common pleas pursuant to the Rules of Civil Procedure. An appeal operates to stay the payment of the fine pending the appeal.
(D) The administrator shall deposit all penalties collected pursuant to this section in the safety and hygiene fund established pursuant to section 4121.37 of the Revised Code.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4121 | Industrial Commission; Bureau of Workers' Compensation › Section 4121.471 | Limitation on Action for Employer's Failure to Comply With Safety Rule.

Effective:
September 15, 2020
Latest Legislation:
House Bill 81 - 133rd General Assembly
A claim for an additional award under Section 35 of Article II, Ohio Constitution, alleging that an injury, occupational disease, or death resulted from an employer's failure to comply with a specific safety rule for the protection of the lives, health, and safety of employees shall be forever barred unless it is filed within one year after the date of the injury or death or within one year after the disability due to the occupational disease began.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4121 | Industrial Commission; Bureau of Workers' Compensation › Section 4121.50 | Rules to Implement Coordinated Services Program for Prescription Drug Abuse.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
Not later than July 1, 2012, the administrator of workers' compensation shall adopt rules in accordance with Chapter 119. of the Revised Code to implement a coordinated services program for claimants under this chapter or Chapter 4123., 4127., or 4131. of the Revised Code who are found to have obtained prescription drugs that were reimbursed pursuant to an order of the administrator or of the industrial commission or by a self-insuring employer but were obtained at a frequency or in an amount that is not medically necessary. The program shall be implemented in a manner that is substantially similar to the coordinated services programs established for the medicaid program under sections 5164.758 and 5167.13 of the Revised Code.