reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.445 | Contract With Investment Manager Convicted of Financial Crime Prohibited.

Effective:
September 29, 2005
Latest Legislation:
House Bill 66 - 126th General Assembly
(A) The administrator of workers' compensation shall not enter into a contract with an investment manager for the investment of assets of the bureau of workers' compensation funds if any employee of that investment manager who will be investing assets of bureau of workers' compensation funds has been convicted of or pleaded guilty to a financial or investment crime.
(B) An investment manager who has entered into a contract with the bureau of workers' compensation for the investment of assets of bureau of workers' compensation funds shall not contract with a business entity for the investment of those assets if any employee of that business manager who will be investing assets of bureau of workers' compensation funds has been convicted of or pleaded guilty to a financial or investment crime.
(C) The administrator shall not enter into a contract with an investment manager who refuses to submit the list of the investment manager's employees required under division (B) of section 4123.444 of the Revised Code. An investment manager shall not enter into a contract with a business entity who refuses to submit the list of the business entity's employees required under division (B) of section 4123.444 of the Revised Code.
(D) If, after a contract has been awarded to an investment manager or business entity for the investment of assets of bureau of workers' compensation funds, the investment manager or business entity discovers that an employee who is handling the investment of those assets has been convicted of or pleaded guilty to a financial or investment crime, the investment manager or business entity immediately shall notify the administrator.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.446 | Report Regarding Minority and Women's Business Enterprises.

Effective:
October 16, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
(A) As used in this section:
(1) "Minority business enterprise" has the meaning defined in section 122.71 of the Revised Code.
(2) "Women's business enterprise" means a business, or a partnership, corporation, limited liability company, or joint venture of any kind, that is owned and controlled by women who are United States citizens and residents of this state.
(B) The administrator of workers' compensation shall submit annually to the governor and to the general assembly (under section 101.68 of the Revised Code) a report containing the following information:
(1) The name of each investment manager that is a minority business enterprise or a women's business enterprise with which the administrator contracts;
(2) The amount of assets managed by investment managers that are minority business enterprises or women's business enterprises, expressed as a percentage of assets managed by investment managers with which the administrator has contracted;
(3) Efforts by the administrator to increase utilization of investment managers that are minority business enterprises or women's business enterprises.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.45 | Printing or Lithographing of Bonds - Denomination - Compliance by Taxing Authorities.

Effective:
November 3, 1989
Latest Legislation:
House Bill 222 - 118th General Assembly
All bonds of any taxing district of this state purchased by the administrator of workers' compensation shall be printed or lithographed upon paper of the size required by the administrator. Interest coupons on the bonds shall be attached to the bonds in a manner required by the administrator. The principal and interest of the bonds shall be payable at the office of the treasurer of state.
The bonds shall be of the denomination required by the administrator in his resolution to purchase, or the administrator may in his resolution to purchase require that all bonds of any series of bonds purchased by him from any taxing district shall be consolidated and issued as one bond, the principal amount of which shall be equal to the aggregate amount of all the bonds of the series, which principal together with the interest thereon shall be payable in installments evidenced by and payable upon the surrender of combined principal and interest coupons attached thereto, which coupons shall each separately state the amounts of principal and interest included therein.
The proper officers of each taxing district issuing bonds are hereby authorized and required without additional procedure or legislation on their part to comply with this chapter, except that the proper accounting officer of the taxing district and the secretary of its sinking fund shall make and keep a detailed record of any changes required by the administrator. The administrator shall not change the date of maturity of any part of the principal or interest of any bond issue, nor shall he require a bond of any issue to be of a larger denomination, nor any partial payment of principal to be of greater amount than the aggregate amount of the issue falling due at any date.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.452 | No Compensation for Injury Sustained in Ridesharing Arrangement.

Effective:
July 1, 1982
Latest Legislation:
House Bill 53 - 114th General Assembly
As used in this section, "ridesharing arrangement" means the transportation of persons in a motor vehicle where such transportation is incidental to another purpose of a volunteer driver and includes ridesharing arrangements known as carpools, vanpools, and buspools.
No compensation shall be allowed under this chapter for any employee injured while participating in a ridesharing arrangement between his place of residence and place of employment or termini near such places. Any injury occurring while an employee is voluntarily participating in a ridesharing arrangement is not considered occurring in the course of employment.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.46 | Payments From State Insurance Fund.

Effective:
September 30, 1998
Latest Legislation:
House Bill 558 - 122nd General Assembly
(A)(1) Except as provided in division (A)(2) of this section, the bureau of workers' compensation shall disburse the state insurance fund to employees of employers who have paid into the fund the premiums applicable to the classes to which they belong when the employees have been injured in the course of their employment, wherever the injuries have occurred, and provided the injuries have not been purposely self-inflicted, or to the dependents of the employees in case death has ensued.
(2) As long as injuries have not been purposely self-inflicted, the bureau shall disburse the surplus fund created under section 4123.34 of the Revised Code to off-duty peace officers, firefighters, emergency medical technicians, and first responders, or to their dependents if death ensues, who are injured while responding to inherently dangerous situations that call for an immediate response on the part of the person, regardless of whether the person was within the limits of the person's jurisdiction when responding, on the condition that the person responds to the situation as the person otherwise would if the person were on duty in the person's jurisdiction.
As used in division (A)(2) of this section, "peace officer," "firefighter," "emergency medical technician," "first responder," and "jurisdiction" have the same meanings as in section 4123.01 of the Revised Code.
(B) All self-insuring employers, in compliance with this chapter, shall pay the compensation to injured employees, or to the dependents of employees who have been killed in the course of their employment, unless the injury or death of the employee was purposely self-inflicted, and shall furnish the medical, surgical, nurse, and hospital care and attention or funeral expenses as would have been paid and furnished by virtue of this chapter under a similar state of facts by the bureau out of the state insurance fund if the employer had paid the premium into the fund.
If any rule or regulation of a self-insuring employer provides for or authorizes the payment of greater compensation or more complete or extended medical care, nursing, surgical, and hospital attention, or funeral expenses to the injured employees, or to the dependents of the employees as may be killed, the employer shall pay to the employees, or to the dependents of employees killed, the amount of compensation and furnish the medical care, nursing, surgical, and hospital attention or funeral expenses provided by the self-insuring employer's rules and regulations.
(C) Payment to injured employees, or to their dependents in case death has ensued, is in lieu of any and all rights of action against the employer of the injured or killed employees.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.47 | Actuarial Analysis of Fund; Audits of Effectiveness of Administration - Retention of Actuary.

Effective:
September 17, 2014
Latest Legislation:
House Bill 493 - 130th General Assembly
(A) The administrator of workers' compensation shall have an actuarial analysis of the state insurance fund and all other funds specified in this chapter and Chapters 4121., 4127., and 4131. of the Revised Code made at least once each year. The analysis shall be made and certified by recognized, credentialed property or casualty actuaries who shall be selected by the bureau of workers' compensation board of directors. The expense of the analysis shall be paid from the state insurance fund. The administrator shall make copies of the analysis available to the workers' compensation audit committee at no charge and to the public at cost.
(B) The auditor of state annually shall conduct an audit of the administration of this chapter by the industrial commission and the bureau of workers' compensation and the safety and hygiene fund. The cost of the audit shall be charged to the administrative costs of the bureau as defined in section 4123.341 of the Revised Code. The audit shall include audits of all fiscal activities, claims processing and handling, and employer premium collections. The auditor shall prepare a report of the audit together with recommendations and transmit copies of the report to the industrial commission, the board, the administrator, the governor, and to the general assembly. The auditor shall make copies of the report available to the public at cost.
(C) The administrator may retain the services of a recognized actuary on a consulting basis for the purpose of evaluating the actuarial soundness of premium rates and classifications and all other matters involving the administration of the state insurance fund. The expense of services provided by the actuary shall be paid from the state insurance fund.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.48 | Individual Accounts to Be Kept by Bureau - Default in Payment.

Effective:
December 1, 1992
Latest Legislation:
Senate Bill 192 - 119th General Assembly
The bureau of workers' compensation shall keep, for the state and each county, taxing district, district activity, and institution, an individual account showing the amount of money paid into the public insurance fund and the amount of losses incurred against the fund. When any default is made in the payment of the sums required to be contributed to the public insurance fund, or when any official fails to perform any act required to be performed by him in reference to the making of payments, the administrator of workers' compensation shall institute the proper proceedings in court to compel such payment.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.50 | Failure to Comply With Law.

Effective:
September 10, 2007
Latest Legislation:
House Bill 100 - 127th General Assembly
(A) Each member of a firm, and the president, secretary, general manager, or managing agent of each private corporation, including any public service corporation mentioned in section 4123.01 of the Revised Code or publicly owned utility, shall cause the firm or corporation to comply with section 4123.35 of the Revised Code and, for self-insuring employers, to comply with the assessment based upon paid compensation provisions of this chapter and Chapter 4121. of the Revised Code. No person mentioned in section 4123.01 of the Revised Code and no member of the firms and no officer of the corporations or publicly owned utilities referred to in this section shall fail to comply with section 4123.35 of the Revised Code and, for self-insuring employers, to comply with the assessment based upon paid compensation provisions of this chapter and Chapter 4121. of the Revised Code. All fines collected for a violation of this section shall be paid to the general fund of the political subdivision where the case is prosecuted.
(B) The administrator of workers' compensation, with the advice and consent of the bureau of workers' compensation board of directors, shall adopt rules governing treatment of employers found in violation of division (A) of this section. The rules shall cover enforcement and prosecution procedures and methods and grounds for settlement of liability of a noncomplying employer.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.51 | Place for Filing Claims or Appeals - Required Statement.

Effective:
September 11, 2008
Latest Legislation:
Senate Bill 334 - 127th General Assembly
The administrator of workers' compensation shall by published notices and other appropriate means endeavor to cause claims to be filed in the service office of the bureau of workers' compensation from which the investigation and determination of the claim may be made most expeditiously. A claim or appeal under this chapter or Chapter 4121., 4127., or 4131. of the Revised Code may be filed with any office of the bureau of workers' compensation or the industrial commission, within the required statutory period, and is considered received for the purpose of processing the claims or appeals.
The administrator, on the form an employee or an individual acting on behalf of the employee files with the administrator or a self-insuring employer to initiate a claim under this chapter or Chapter 4121., 4127., or 4131. of the Revised Code, shall include a statement that is substantially similar to the following statement in bold font and set apart from all other text in the form:
"By signing this form, I elect to only receive compensation, benefits, or both that are provided for in this claim under Ohio's workers' compensation laws. I understand and I hereby waive and release my right to receive compensation and benefits under the workers' compensation laws of another state for the injury or occupational disease, or the death resulting from an injury or occupational disease, for which I am filing this claim. I have not received compensation and benefits under the workers' compensation laws of another state for this claim, and I will not file and have not filed a claim in another state for the injury or occupational disease or death resulting from an injury or occupational disease for which I am filing this claim."
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.521 | Appeal for Purpose of Delay or Other Vexatious Reason and Without Reasonable Ground.

Effective:
October 5, 1955
Latest Legislation:
House Bill 700 - 101st General Assembly
In the case of an appeal by the employer to the industrial commission or to a court of common pleas, if upon deciding such appeal the commission or the court shall find that the employer appealed for the purpose of delay or other vexatious reason and without reasonable ground, the commission or the court may assess against the employer such sum not exceeding seven hundred and fifty dollars and not exceeding ten per cent of the total amount of the award in question as may be reasonable in the circumstances.
The sums assessed under this section shall be paid to the claimant.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.522 | Right to Receive Written Notice of Action.

Effective:
October 20, 1993
Latest Legislation:
House Bill 107 - 120th General Assembly
The employee, employer, and their respective representatives are entitled to written notice of any hearing, determination, order, award, or decision under this chapter and the administrator of workers' compensation and his representative are entitled to like notice for orders issued under divisions (C) and (D) of section 4123.511 and section 4123.512 of the Revised Code. An employee, employer, or the administrator is deemed not to have received notice until the notice is received from the industrial commission or its district or staff hearing officers, the administrator, or the bureau of workers' compensation by both the employee and his representative of record, both the employer and his representative of record, and by both the administrator and his representative.
If any person to whom a notice is mailed fails to receive the notice and the commission, upon hearing, determines that the failure was due to cause beyond the control and without the fault or neglect of such person or his representative and that such person or his representative did not have actual knowledge of the import of the information contained in the notice, such person may take the action afforded to such person within twenty-one days after the receipt of the notice of such determination of the commission. Delivery of the notice to the address of the person or his representative is prima-facie evidence of receipt of the notice by the person.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.541 | Reduction of Benefits in Proportion to Benefits Received Under Other Act or Program.

Effective:
September 29, 1955
Latest Legislation:
House Bill 521 - 101st General Assembly
In the event that any person who is entitled to receive benefits for total disability, loss of member, or death through the application of section 4123.033 of the Revised Code, receives, in connection with the injury giving rise to such entitlement, benefits under an act of congress or federal program providing benefits for civil defense workers and their survivors, the benefits payable hereunder, shall be reduced in proportion to the benefits received under such other act or program.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.542 | Successful Claimant Not to File Duplicative Claim.

Effective:
September 17, 2014
Latest Legislation:
House Bill 493 - 130th General Assembly
An employee or the dependents of an employee who receive a decision on the merits of a claim for compensation or benefits under this chapter or Chapter 4121., 4127., or 4131. of the Revised Code shall not file a claim for the same injury, occupational disease, or death in another state under the workers' compensation laws of that state. Except as otherwise provided in division (H) of section 4123.54 of the Revised Code, an employee or the employee's dependents who receive a decision on the merits of a claim for compensation or benefits under the workers' compensation laws of another state shall not file a claim for compensation and benefits under this chapter or Chapter 4121., 4127., or 4131. of the Revised Code for the same injury, occupational disease, or death.
As used in this section, "a decision on the merits" means a decision determined or adjudicated for compensability of a claim and not on jurisdictional grounds.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.55 | No Compensation for First Week After Injury.

Effective:
January 1, 1979
Latest Legislation:
House Bill 1282 - 112th General Assembly
No compensation shall be allowed for the first week after an injury is received or occupational disease contracted and no compensation shall be allowed for the first week of total disability, whenever it may occur, unless and until the employee is totally disabled for a continuous period of two weeks or more, in which event compensation for the first week of total disability, whenever it has occurred, shall be paid, in addition to any other weekly benefits which are due, immediately following the second week of total disability. There shall be no waiting period in connection with the disbursements provided by section 4123.66 of the Revised Code.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.571 | Prior Claims.

Effective:
November 2, 1959
Latest Legislation:
House Bill 470 - 103rd General Assembly
In connection with the procedural and remedial rights of employees, all claims which have accrued prior to the effective date of this act, whether or not an application for claim has been filed, or whether or not jurisdiction has been established or whether or not an application for an award under divisions (A), (B), (C), or (D) of section 4123.57 of the Revised Code has been filed shall be governed by the provisions of 4123.57 of the Revised Code, as amended by this act.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.591 | Providing List of Person Receiving Spousal Death Benefit to Tax Commissioner.

Effective:
August 6, 1999
Latest Legislation:
House Bill 180 - 123rd General Assembly
The administrator of workers' compensation may furnish quarterly, to the tax commissioner, in a format approved by the tax commissioner, a list containing the name and social security number of any person receiving spousal death benefits. Upon receipt of this list, the commissioner shall return to the administrator, in a format designed by the commissioner, information identifying any person listed by the administrator who, as reported on the most recent return filed by the person under section 5747.08 of the Revised Code, filed under the status "married filing joint return," or "married filing separately."
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.60 | Persons Eligible for Death Benefits - Limitations.

Effective:
October 20, 1993
Latest Legislation:
House Bill 107 - 120th General Assembly
Benefits in case of death shall be paid to such one or more of the dependents of the decedent, for the benefit of all the dependents as the administrator of workers' compensation determines. The administrator may apportion the benefits among the dependents in such manner as he deems just and equitable. Payment to a dependent subsequent in right may be made, if the administrator deems it proper, and operates to discharge all other claims therefor. The dependents or person to whom benefits are paid shall apply the same to the use of the several beneficiaries thereof according to their respective claims upon the decedent for support, in compliance with the finding and direction of the administrator.
In all cases of death where the dependents are a surviving spouse and one or more children, it is sufficient for the surviving spouse to apply to the administrator on behalf of the spouse and minor children. In cases where all the dependents are minors, a guardian or next friend of such minor dependents shall apply.
In all cases where an award had been made on account of temporary, or permanent partial, or total disability, in which there remains an unpaid balance, representing payments accrued and due to the decedent at the time of his death, the administrator may, after satisfactory proof has been made warranting such action, award or pay any unpaid balance of such award to such of the dependents of the decedent, or for services rendered on account of the last illness or death of such decedent, as the administrator determines in accordance with the circumstances in each such case. If the decedent would have been lawfully entitled to have applied for an award at the time of his death the administrator may, after satisfactory proof to warrant an award and payment, award and pay an amount, not exceeding the compensation which the decedent might have received, but for his death, for the period prior to the date of his death, to such of the dependents of the decedent, or for services rendered on account of the last illness or death of such decedent, as the administrator determines in accordance with the circumstances in each such case, but such payments may be made only in cases in which application for compensation was made in the manner required by this chapter, during the lifetime of such injured or disabled person, or within one year after the death of such injured or disabled person.
An order issued by the administrator 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.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.61 | Basis for Computation of Benefits.

Effective:
August 25, 2006
Latest Legislation:
Senate Bill 7 - 126th General Assembly
The average weekly wage of an injured employee at the time of the injury or at the time disability due to the occupational disease begins is the basis upon which to compute benefits.
In cases of temporary total disability the compensation for the first twelve weeks for which compensation is payable shall be based on the full weekly wage of the claimant at the time of the injury or at the time of the disability due to occupational disease begins; when a factory, mine, or other place of employment is working short time in order to divide work among the employees, the bureau of workers' compensation shall take that fact into consideration when determining the wage for the first twelve weeks of temporary total disability.
Compensation for all further temporary total disability shall be based as provided for permanent disability claims.
In death, permanent total disability claims, permanent partial disability claims, and impairment of earnings claims, the claimant's or the decedent's average weekly wage for the year preceding the injury or the date the disability due to the occupational disease begins is the weekly wage upon which compensation shall be based. In ascertaining the average weekly wage for the year previous to the injury, or the date the disability due to the occupational disease begins any period of unemployment due to sickness, industrial depression, strike, lockout, or other cause beyond the employee's control shall be eliminated.
In cases where there are special circumstances under which the average weekly wage cannot justly be determined by applying this section, the administrator of workers' compensation, in determining the average weekly wage in such cases, shall use such method as will enable the administrator to do substantial justice to the claimants, provided that the administrator shall not recalculate the claimant's average weekly wage for awards for permanent total disability solely for the reason that the claimant continued working and the claimant's wages increased following the injury.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.62 | Consideration of Expected Wage Increases.

Effective:
July 1, 2000
Latest Legislation:
House Bill 471 - 123rd General Assembly
(A) If it is established that an injured or disabled employee was of such age and experience when injured or disabled as that under natural conditions an injured or disabled employee's wages would be expected to increase, the administrator of workers' compensation may consider that fact in arriving at an injured or disabled employee's average weekly wage.
(B) On each first day of January, the current maximum monthly benefit amounts provided in sections 4123.412, 4123.413, and 4123.414 of the Revised Code in injury cases shall be adjusted based on the United States department of labor's national consumer price index. The percentage increase in the cost of living using the index figure for the first day of September of the preceding year and the first day of September of the year preceding that year shall be applied to the maximums in effect on the preceding thirty-first day of December to obtain the increase in the cost of living during that year.
In determining the increase in the maximum benefits for any year after 1972, the base shall be the national consumer price index on the first day of September of the preceding year. The increase in the index for the applicable twelve-month period shall be determined and shall be divided by the base used. The resulting percentage shall be applied to the existing maximums to arrive at the new maximums.
(C) Effective January 1, 1974, and each first day of January thereafter, the current maximum weekly benefit amounts provided in sections 4123.56, 4123.58, and 4123.59, and division (B) of section 4123.57 of the Revised Code shall be adjusted based on the increase or decrease in the statewide average weekly wage.
"Statewide average weekly wage" means the average weekly earnings of all workers in Ohio employment subject to Chapter 4141. of the Revised Code as determined as of the first day of September for the four full calendar quarters preceding the first day of July of each year, by the director of job and family services.
The statewide average weekly wage to be used for the determination of compensation for any employee who sustains an injury, or death, or who contracts an occupational disease during the subsequent calendar year beginning with the first day of January, shall be the statewide average weekly wage so determined as of the prior first day of September adjusted to the next higher even multiple of one dollar.
Any change in benefit amounts is effective with respect to injuries sustained, occupational diseases contracted, and deaths occurring during the calendar year for which adjustment is made.
In determining the change in the maximum benefits for any year after 1978, the base shall be the statewide average weekly wage on the first day of September of the preceding year.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.64 | Commutation to Lump Sum.

Effective:
September 23, 2022
Latest Legislation:
House Bill 447 - 134th General Assembly
(A) The administrator of workers' compensation, under special circumstances, and when the same is deemed advisable for the purpose of rendering the injured or disabled employee financial relief or for the purpose of furthering the injured or disabled employee's rehabilitation, may commute payments of compensation or benefits to one or more lump-sum payments.
(B) The administrator shall adopt rules which set forth the policy for awarding lump sum payments. The rules shall:
(1) Enumerate the allowable purposes for payments and the conditions for making such awards;
(2) Enumerate the maximum reduction in compensation allowable;
(3) Enumerate the documentation necessary to award a lump-sum payment;
(4) Require that all checks include the claimant as a payee, except where the check is for the payment of attorney's fees in accordance with section 4123.06 of the Revised Code, in which case the attorney shall be named as the only payee on the check;
(5) Require a fully completed and current application; and
(6) Specify procedures to make a claimant aware of the reduction in amount of compensation which will occur.
(C) An order of the administrator 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.
Last updated July 14, 2022 at 12:43 PM
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.651 | Employer Initiating Medical Examinations.

Effective:
October 20, 1993
Latest Legislation:
House Bill 107 - 120th General Assembly
(A) The employer of a claimant who is injured or disabled in the course of his employment may require, without the approval of the administrator or the industrial commission, that the claimant be examined by a physician of the employer's choice one time upon any issue asserted by the employee or a physician of the employee's choice or which is to be considered by the commission. Any further requests for medical examinations shall be made to the commission which shall consider and rule on the request. The employer shall pay the cost of any examinations initiated by the employer.
(B) The bureau of workers' compensation shall prepare a form for the release of medical information, records, and reports relative to the issues necessary for the administration of a claim under this chapter. The claimant promptly shall provide a current signed release of the information, records, and reports when requested by the employer. The employer promptly shall provide copies of all medical information, records, and reports to the bureau and to the claimant or his representative upon request.
(C) If, without good cause, an employee refuses to submit to any examination scheduled under this section or refuses to release or execute a release for any medical information, record, or report that is required to be released under this section and involves an issue pertinent to the condition alleged in the claim, his right to have his claim for compensation or benefits considered, if his claim is pending before the administrator, commission, or a district or staff hearing officer, or to receive any payment for compensation or benefits previously granted, is suspended during the period of refusal.
(D) No bureau or commission employee shall alter any medical report obtained from a health care provider the bureau or commission has selected or cause or request the health care provider to alter or change a report. The bureau and commission shall make any request for clarification of a health care provider's report in writing and shall provide a copy of the request to the affected parties and their representatives at the time of making the request.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.67 | Compensation Exempt From Attachment or Execution.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
Except as otherwise provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and 3123.06 of the Revised Code, compensation before payment shall be exempt from all claims of creditors and from any attachment or execution, and shall be paid only to the employees or their dependents. In all cases where property of an employer is placed in the hands of an assignee, receiver, or trustee, claims arising under any award or finding of the industrial commission or bureau of workers' compensation, pursuant to this chapter, including claims for premiums, and any judgment recovered thereon shall first be paid out of the trust fund in preference to all other claims, except claims for taxes and the cost of administration, and with the same preference given to claims for taxes.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.69 | Persons Entitled to Benefits.

Effective:
November 3, 1989
Latest Legislation:
House Bill 222 - 118th General Assembly
Every employee mentioned in section 4123.68 of the Revised Code and the dependents and the employer or employers of such employee shall be entitled to all the rights, benefits, and immunities and shall be subject to all the liabilities, penalties, and regulations provided for injured employees and their employers by this chapter.
The administrator of workers' compensation shall have all of the powers, authority, and duties with respect to the collection, administration, and disbursement of the state occupational disease fund as are provided for in this chapter, providing for the collection, administration, and disbursement of the state insurance fund for the compensation of injured employees.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.70 | Preexisitng Disease.

Effective:
April 6, 2023
Latest Legislation:
House Bill 281 - 134th General Assembly
No compensation shall be awarded on account of disability or death from disease experienced by an employee who, at the time of entering into the employment from which the disease is claimed to have resulted, willfully and falsely represented self as not having previously had such disease. Compensation shall not be awarded on account of both injury and disease, except when the disability is caused by a disease and an injury, in which event the administrator of workers' compensation may apportion the payment of compensation provided for in sections 4123.56 to 4123.59 of the Revised Code between the funds as in the administrator's judgment seems just and proper.
If an employee has both occupational disease and an injury, and the administrator can determine which is causing the employee's disability, the administrator shall pay compensation therefor from the proper fund.
Compensation for loss sustained on account of occupational disease by an employee mentioned in division (A)(1) of section 4123.01 of the Revised Code, or the dependents of such employee, shall be paid from the fund provided for in sections 4123.38 to 4123.41 and 4123.48 of the Revised Code.
Compensation for loss sustained on account of a disease by an employee mentioned in division (A)(2) of section 4123.01 of the Revised Code, or the dependents of the employee, shall be paid by the employer of the employee, if the employer is a self-insuring employer.
Last updated March 10, 2023 at 12:32 PM
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.71 | Time for Report of Physician.

Effective:
April 6, 2023
Latest Legislation:
House Bill 281 - 134th General Assembly
Every physician in this state attending on or called in to visit a patient whom the physician believes to have an occupational disease as defined in section 4123.68 of the Revised Code shall, within forty-eight hours from the time of making such diagnosis, send to the bureau of workers' compensation a report stating:
(A) Name, address, and occupation of patient;
(B) Name and address of business in which employed;
(C) Nature of disease;
(D) Name and address of employer of patient;
(E) Such other information as is reasonably required by the bureau.
The reports shall be made on blanks to be furnished by the bureau. A physician who sends the report within the time stated to the bureau is in compliance with this section.
Reports made under this section shall not be evidence of the facts therein stated in any action arising out of a disease therein reported.
The bureau shall, within twenty-four hours after the receipt of the report, send a copy thereof to the employer of the patient named in the report.
Last updated March 10, 2023 at 12:32 PM
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.73 | Participation by Employers of Less Than Three Persons.

Effective:
October 20, 1993
Latest Legislation:
House Bill 107 - 120th General Assembly
Any employer who employs less than three employees regularly in the same business, or in or about the same establishment, who pays into the state insurance fund the premiums provided by this chapter, is not liable to respond in damages at common law or by statute, for injuries or death of any such employees, wherever occurring, during the period covered by such premiums, provided the injured employee has remained in his service with notice, as provided in section 4123.83 of the Revised Code, that his employer has paid such premiums into the state insurance fund. The continuation in the service of such employer with such notice shall be deemed a waiver by the employee of his right of action.
Any person who employs one or more individuals who are not employees as defined in section 4123.01 of the Revised Code, who pays into the state insurance fund the premiums provided by this chapter, is not liable to respond in damages at common law or by statute for injuries or death of any such individuals, wherever occurring, during the period covered by such premiums, provided the injured individual has remained in the service of such person with notice that his employer has paid such premiums into the state insurance fund. The continuation in the service of such employer with such notice, as provided in section 4123.83 of the Revised Code, shall be deemed a waiver by the individual of his right of action.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.74 | Immunity of Employer.

Effective:
October 20, 1993
Latest Legislation:
House Bill 107 - 120th General Assembly
Employers who comply with section 4123.35 of the Revised Code shall not be liable to respond in damages at common law or by statute for any injury, or occupational disease, or bodily condition, received or contracted by any employee in the course of or arising out of his employment, or for any death resulting from such injury, occupational disease, or bodily condition occurring during the period covered by such premium so paid into the state insurance fund, or during the interval the employer is a self-insuring employer, whether or not such injury, occupational disease, bodily condition, or death is compensable under this chapter.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.741 | Immunity of Fellow Employees.

Effective:
October 1, 1963
Latest Legislation:
Senate Bill 131 - 105th General Assembly
No employee of any employer, as defined in division (B) of section 4123.01 of the Revised Code, shall be liable to respond in damages at common law or by statute for any injury or occupational disease, received or contracted by any other employee of such employer in the course of and arising out of the latter employee's employment, or for any death resulting from such injury or occupational disease, on the condition that such injury, occupational disease, or death is found to be compensable under sections 4123.01 to 4123.94, inclusive, of the Revised Code.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.751 | Service on Nonresident Employer.

Effective:
November 3, 1989
Latest Legislation:
House Bill 222 - 118th General Assembly
Any nonresident person, firm, or corporation of this state who engages in any activity or maintains any establishment in this state so as to be an employer, as defined in division (B) of section 4123.01 of the Revised Code, or any resident of this state, being an employer as so defined, who has engaged in any such activity or maintained any such establishment in this state, who subsequently becomes a nonresident or conceals his whereabouts, or, after due diligence, whose whereabouts cannot be ascertained and no forwarding address can be found, shall, by engagement in the activity or by maintenance of the establishment, make and constitute the secretary of state his agent for the service of process in any proceeding before the bureau of workers' compensation or the industrial commission or in any civil suit resulting therefrom, against the employer, arising out of or by reason of any injury or occupational disease as defined in this chapter, occurring within this state and involving employment in the activity or within the maintenance of the establishment.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.752 | Manner of Service.

Effective:
October 13, 1953
Latest Legislation:
House Bill 258 - 100th General Assembly
Service of process under section 4123.751 of the Revised Code shall be served by the officer to whom the same shall be directed or by the sheriff of Franklin county, who may be deputized for such purposes by the officer to whom the service is directed, upon the secretary of state by leaving at his office, at least fifteen days before the return day of such process, a true and attested copy thereof, and by sending to the defendant, by registered mail, postage prepaid at least fifteen days before the return day of such process, a like true and attested copy thereof, with an endorsement thereon of the service upon the secretary of state, addressed to such defendant at his last known address. The registered mail return receipt shall be attached to and made a part of the return of service of such process.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.753 | Service Fee.

Effective:
October 13, 1953
Latest Legislation:
House Bill 258 - 100th General Assembly
An officer serving the process under sections 4123.751 and 4123.752 of the Revised Code upon the secretary of state shall pay to such secretary at the time of service a fee of two dollars, which fee shall be taxed as costs in the case. The secretary of state shall keep a record of such process and the day and hour of the service thereof upon him.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.754 | Continuance.

Effective:
October 13, 1953
Latest Legislation:
House Bill 258 - 100th General Assembly
A court in which an action is pending pursuant to service of process under sections 4123.751 and 4123.752 of the Revised Code may order such continuance as may be necessary to afford the defendant reasonable opportunity to appear and defend the action.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.755 | Applicability to Residents Who Become Nonresidents.

Effective:
October 13, 1953
Latest Legislation:
House Bill 258 - 100th General Assembly
Sections 4123.751 to 4123.754, inclusive, of the Revised Code shall be construed to extend the right of service of process upon nonresidents and upon residents who subsequently become nonresidents or who conceal their whereabouts or, after due diligence, whose whereabouts cannot be ascertained and no forwarding address can be found, and shall not be construed as limiting any provisions for the service or process now or hereafter existing.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.756 | Death of Employer Prior to Commencement of Civil Action.

Effective:
November 3, 1989
Latest Legislation:
House Bill 222 - 118th General Assembly
In the event an employer, under the purview of sections 4123.751 to 4123.755 of the Revised Code, has died prior to the commencement of any civil suit or proceeding before the bureau of workers' compensation or industrial commission, such sections shall likewise apply to any executor or administrator or the employer, and the employer shall be deemed to have constituted the secretary of state as his agent for such purpose, and the agency shall not terminate by reason of the death of the employer.