reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.28 | Record of Injuries and Occupational Diseases - Report.

Effective:
November 3, 1989
Latest Legislation:
House Bill 222 - 118th General Assembly
Every employer in this state shall keep a record of all injuries and occupational diseases, fatal or otherwise, received or contracted by his employees in the course of their employment and resulting in seven days or more of total disability. Within a week after acquiring knowledge of an injury or death therefrom, and in the event of occupational disease or death therefrom, within one week after acquiring knowledge of or diagnosis of or death from an occupational disease or of a report to the employer of the occupational disease or death, a report thereof shall be made in writing to the bureau of workers' compensation upon blanks to be procured from the bureau for that purpose. The report shall state the name and nature of the business of the employer, the location of his establishment or place of work, the name, address, nature and duration of occupation of the injured, disabled, or deceased employee and the time, the nature, and the cause of injury, occupational disease, or death, and such other information as is required by the bureau.
The employer shall give a copy of each report to the employee it concerns or his surviving dependents.
No employer shall refuse or neglect to make any report required by this section.
Each day that an employer fails to file a report required by this section constitutes an additional day within the time period given to a claimant by the applicable statute of limitations for the filing of a claim based on the injury or occupational disease, provided that a failure to file a report shall not extend the applicable statute of limitations for more than two additional years.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.291 | Appeal From Adjudicating Committee Decisions.

Effective:
March 24, 2021
Latest Legislation:
Senate Bill 201 - 133rd General Assembly
(A) An adjudicating committee appointed by the administrator of workers' compensation to hear any matter specified in divisions (B)(1) to (7) of this section shall hear the matter within sixty days of the date on which an employer files the request, protest, or petition. An employer desiring to file a request, protest, or petition regarding any matter specified in divisions (B)(1) to (7) of this section shall file the request, protest, or petition to the adjudicating committee on or before twenty-four months after the administrator sends notice of the determination about which the employer is filing the request, protest, or petition.
(B) An employer who is adversely affected by a decision of an adjudicating committee appointed by the administrator may appeal the decision of the committee to the administrator or the administrator's designee. The employer shall file the appeal in writing within thirty days after the employer receives the decision of the adjudicating committee. Except as otherwise provided in this division, the administrator or the designee shall hold a hearing and consider and issue a decision on the appeal if the decision of the adjudicating committee relates to one of the following:
(1) An employer request for a waiver of a default in the payment of premiums pursuant to section 4123.37 of the Revised Code;
(2) An employer request for the settlement of liability as a noncomplying employer under section 4123.75 of the Revised Code;
(3) An employer petition objecting to an assessment made pursuant to section 4123.37 of the Revised Code and the rules adopted pursuant to that section;
(4) An employer request for the abatement of penalties assessed pursuant to section 4123.32 of the Revised Code and the rules adopted pursuant to that section;
(5) An employer protest relating to an audit finding or a determination of a manual classification, experience rating, or transfer or combination of risk experience;
(6) Any decision relating to any other risk premium matter under Chapters 4121., 4123., and 4131. of the Revised Code;
(7) An employer petition objecting to the amount of security required under division (D) of section 4125.05 of the Revised Code and the rules adopted pursuant to that section or under division (D) of section 4133.07 of the Revised Code and the rules adopted pursuant to that section.
An employer may request, in writing, that the administrator waive the hearing before the administrator or the administrator's designee. The administrator shall decide whether to grant or deny a request to waive a hearing.
(C) The bureau of workers' compensation board of directors, based upon recommendations of the workers' compensation actuarial committee, shall establish the policy for all adjudicating committee procedures, including, but not limited to, specific criteria for manual premium rate adjustment.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.30 | Public Fund - Private Fund - Contributions - Disbursements.

Effective:
September 29, 2023
Latest Legislation:
House Bill 31 - 135th General Assembly
Money contributed by public employers constitutes the "public fund" and the money contributed by private employers constitutes the "private fund." Each such fund shall be collected, distributed, and its solvency maintained without regard to or reliance upon the other. Whenever in this chapter reference is made to the state insurance fund, the reference is to such two separate funds but such two separate funds and the net premiums contributed thereto by employers after adjustments and dividends, except for the amount thereof which is set aside for the investigation and prevention of industrial accidents and diseases pursuant to Section 35 of Article II, Ohio Constitution, any amounts set aside for actuarial services authorized or required by sections 4123.44 and 4123.47 of the Revised Code, and any amounts set aside to reinsure the liability of the respective insurance funds for the following payments, constitute a trust fund for the benefit of employers and employees mentioned in sections 4123.01, 4123.03, and 4123.73 of the Revised Code for the payment of compensation, medical services, examinations, recommendations and determinations, nursing and hospital services, medicine, rehabilitation, death benefits, funeral expenses, and like benefits for loss sustained on account of injury, disease, or death provided for by this chapter, the administrative costs of the industrial commission, bureau of workers' compensation board of directors, and bureau of workers' compensation to administer Chapters 4121., 4123., 4125., 4127., 4133., and 4167. of the Revised Code pursuant to section 4123.342 of the Revised Code, and for no other purpose. This section does not prevent the deposit or investment of all such moneys intermingled for such purpose but such funds shall be separate and distinct for all other purposes, and the rights and duties created in this chapter shall be construed to have been made with respect to two separate funds and so as to maintain and continue such funds separately except for deposit or investment. Disbursements shall not be made on account of injury, disease, or death of employees of employers who contribute to one of such funds unless the moneys to the credit of such fund are sufficient therefor and no such disbursements shall be made for moneys or credits paid or credited to the other fund.
Last updated August 3, 2023 at 10:42 AM
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.31 | Workers' Compensation Fund.

Effective:
May 1, 2003
Latest Legislation:
House Bill NO91 - 125th General Assembly
The moneys in the state treasury for the use of the bureau of workers' compensation and the industrial commission shall be known as the workers' compensation fund group. The moneys from each fund shall be disbursed respectively pursuant to vouchers approved by the administrator of workers' compensation or the administrator's designee, or by the chairperson of the commission or the chairperson's designee.
The bureau and the commission shall provide for the custody, safekeeping, and deposit of all moneys, checks, and drafts received by the bureau or commission or any employees or agents prior to paying the moneys, checks, and drafts to the treasurer of state as provided by section 113.08 of the Revised Code.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.311 | Direct Deposit of Funds by Electronic Transfer - Debit Card Access.

Effective:
September 10, 2007
Latest Legislation:
House Bill 100 - 127th General Assembly
(A) The administrator of workers' compensation may do all of the following:
(1) Utilize direct deposit of funds by electronic transfer for all disbursements the administrator is authorized to pay under this chapter and Chapters 4121., 4127., and 4131. of the Revised Code;
(2) Require any payee to provide a written authorization designating a financial institution and an account number to which a payment made according to division (A)(1) of this section is to be credited, notwithstanding division (B) of section 9.37 of the Revised Code;
(3) Contract with an agent to do both of the following:
(a) Supply debit cards for claimants to access payments made to them pursuant to this chapter and Chapters 4121., 4127., and 4131. of the Revised Code;
(b) Credit the debit cards described in division (A)(3)(a) of this section with the amounts specified by the administrator pursuant to this chapter and Chapters 4121., 4127., and 4131. of the Revised Code by utilizing direct deposit of funds by electronic transfer.
(4) Enter into agreements with financial institutions to credit the debit cards described in division (A)(3)(a) of this section with the amounts specified by the administrator pursuant to this chapter and Chapters 4121., 4127., and 4131. of the Revised Code by utilizing direct deposit of funds by electronic transfer.
(B) The administrator shall inform claimants about the administrator's utilization of direct deposit of funds by electronic transfer under this section and section 9.37 of the Revised Code, furnish debit cards to claimants as appropriate, and provide claimants with instructions regarding use of those debit cards.
(C) The administrator, with the advice and consent of the bureau of workers' compensation board of directors, shall adopt rules in accordance with Chapter 119. of the Revised Code regarding utilization of the direct deposit of funds by electronic transfer under this section and section 9.37 of the Revised Code.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.321 | Disposition of Insurance Fund Excess Surplus.

Effective:
September 10, 2007
Latest Legislation:
House Bill 100 - 127th General Assembly
The bureau of workers' compensation board of directors, based upon recommendations of the workers' compensation actuarial committee, shall adopt a rule with respect to the collection, maintenance, and disbursements of the state insurance fund providing that in the event there is developed as of any given rate revision date a surplus of earned premium over all losses that, in the judgment of the board, is larger than is necessary adequately to safeguard the solvency of the fund, the board may return such excess surplus to the subscribers to the fund in either the form of cash refunds or a reduction of premiums, regardless of when the premium obligations have accrued.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.322 | Rules for System of Prospective Payment of Workers' Compensation Premiums.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) The administrator of workers' compensation, with the advice and consent of the bureau of workers' compensation board of directors, shall adopt rules establishing a prospective payment system, which shall include all of the following:
(1) A requirement that upon an initial application for coverage, a private employer shall file with the application an estimate of the employer's payroll for the period the administrator determines pursuant to rules the administrator adopts, and shall pay the amount the administrator determines by rule in order to establish coverage for the employer as described in division (B)(12) of section 4121.121 of the Revised Code;
(2) A requirement that upon an initial application for coverage, a public employer, except for a state agency or state university or college, shall file with the application an estimate of the employer's payroll for the period the administrator determines pursuant to rules the administrator adopts, and shall pay the amount the administrator determines by rule in order to establish coverage for the employer as described in division (B)(11) of section 4121.121 of the Revised Code;
(3) A requirement that an employer complete periodic payroll reports of actual expenditures for previous coverage periods for reconciliation with estimated payroll reports;
(4) The assessment of a penalty for late payroll reconciliation reports and for late payment of any reconciliation premium;
(5) The establishment of a transition period during which time the bureau shall determine the adequacy of existing premium security deposits of employers, the establishment of provisions for additional premium payments during that transition, the provision of a credit of those deposits toward the first premium due from an employer under the rules adopted under divisions (A)(1) to (4) of this section, and the establishment of penalties for late payment or failure to comply with the rules.
(B) For purposes of division (A)(3) of this section, an employer shall make timely payment of any premium owed when actual payroll expenditures exceeded estimated payroll, and the employer shall receive premium credit when the estimated payroll exceeded the actual payroll.
(C) For purposes of division (A)(4) of this section, if the employer's actual payroll substantially exceeds the estimated payroll, the administrator may assess additional penalties specified in rules the administrator adopts on the reconciliation premium.
(D) As used in this section, "state university or college" has the same meaning as in section 4123.32 of the Revised Code.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.323 | Payment Due Dates.

Effective:
September 17, 2014
Latest Legislation:
House Bill 493 - 130th General Assembly
(A) Except as provided in division (B) of this section, a payment required under this chapter or Chapter 4121. of the Revised Code, including a payment due for purposes of continuing coverage, is due on the date specified in those chapters, unless otherwise provided in a rule adopted by the administrator of workers' compensation, with the advice and consent of the bureau of workers' compensation board of directors.
(B) For purposes of collection referrals to the attorney general under section 131.02 of the Revised Code, a premium payment is due thirty days after the date upon which a private employer must submit the payroll report for the corresponding policy year pursuant to section 4123.26 of the Revised Code or the date upon which a public employer must submit the payroll report for the corresponding policy year pursuant to section 4123.41 of the Revised Code, as applicable.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.324 | Waiver or Reduction of Experience Transfer.

Effective:
March 23, 2016
Latest Legislation:
House Bill 259 - 131st General Assembly
(A) The administrator of workers' compensation shall adopt rules, for the purpose of encouraging economic development, that establish conditions under which any negative experience to be transferred to the account of an employer who is successor in interest under division (B) of section 4123.32 of the Revised Code may be reduced or waived.
(B) The administrator, in adopting rules under division (A) of this section, may not permit a waiver or reduction in experience transfer if the succession transaction is entered into for the purpose of escaping obligations under this chapter or Chapter 4121., 4127., or 4131. of the Revised Code.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.33 | Certificate of Protection for Period of Less Than One Year.

Effective:
October 20, 1993
Latest Legislation:
House Bill 107 - 120th General Assembly
Where, in the judgment of the administrator of workers' compensation, the circumstances justify or require a certificate entitling an employer to protection under this chapter for a period of less than one year, the administrator may, upon such conditions as are just and for such premium as the facts require, grant to the employer a certificate for the length of time the administrator designates in the certificate.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.341 | Contributions Toward Payment of Administrative Costs and Expenses.

Effective:
September 29, 2023
Latest Legislation:
House Bill 31 - 135th General Assembly
The administrative costs of the industrial commission, the bureau of workers' compensation board of directors, and the bureau of workers' compensation shall be those costs and expenses that are incident to the discharge of the duties and performance of the activities of the industrial commission, the board, and the bureau under this chapter and Chapters 4121., 4125., 4127., 4133., and 4167. of the Revised Code, and all such costs shall be borne by the state and by other employers amenable to this chapter as follows:
(A) In addition to the contribution required of the state under sections 4123.39 and 4123.40 of the Revised Code, the state shall contribute the sum determined to be necessary under section 4123.342 of the Revised Code.
(B) The director of budget and management may allocate the state's share of contributions in the manner the director finds most equitably apportions the costs.
(C) The counties and taxing districts therein shall contribute such sum as may be required under sections 4123.34, 4123.342, and 4123.41 of the Revised Code.
(D) The private employers shall contribute the sum required under sections 4123.34 and 4123.342 of the Revised Code.
Last updated August 3, 2023 at 10:43 AM
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.342 | Allocating Costs.

Effective:
September 29, 2023
Latest Legislation:
House Bill 31 - 135th General Assembly
(A) The administrator of workers' compensation shall allocate among counties and taxing districts therein as a class, the state and its instrumentalities as a class, private employers who are insured under the private fund as a class, and self-insuring employers as a class their fair shares of the administrative costs which are to be borne by such employers, separately allocating to each class those costs solely attributable to the activities of the industrial commission and those costs solely attributable to the activities of the bureau of workers' compensation board of directors, and the bureau of workers' compensation in respect of the class, allocating to any combination of classes those costs attributable to the activities of the industrial commission, board, or bureau in respect of the classes, and allocating to all four classes those costs attributable to the activities of the industrial commission, board, and bureau in respect of all classes. The administrator shall separately calculate each self-insuring employer's administrative costs in accordance with section 4123.35 of the Revised Code. In a timely manner, the industrial commission shall provide to the administrator, the information necessary for the administrator to allocate and calculate, with the approval of the chairperson of the industrial commission, for each class of employer as described in this division, the costs solely attributable to the activities of the industrial commission.
(B) The administrator or the administrator's designee shall transfer moneys from the state insurance fund as necessary for the administrative costs of the bureau and the board to the workers' compensation fund for the use of the bureau and the board. As necessary and upon the authorization of the industrial commission, the administrator or the administrator's designee shall transfer moneys from the state insurance fund for the commission's administrative costs to the industrial commission operating fund created under section 4121.021 of the Revised Code.
(C) Sections 4123.41, 4123.35, and 4123.37 of the Revised Code apply to the collection of assessments from public and private employers respectively, except that for boards of county hospital trustees that are self-insuring employers, only those provisions applicable to the collection of assessments for private employers apply.
Last updated August 3, 2023 at 10:44 AM
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.344 | Suspension of Premium Increase Pending Conclusion of Subrogation Claims.

Effective:
September 11, 2008
Latest Legislation:
Senate Bill 334 - 127th General Assembly
In the case of any institution of higher education that has sustained claims arising from deaths and injuries of a catastrophic nature arising from a motor vehicle accident occurring outside of this state, the Administrator of Workers' Compensation shall suspend the imposition of any premium increase or any change in the experience of such an institution of higher education until after the conclusion of any subrogation claims that are brought by the Administrator in relation to those deaths and injuries.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.345 | [Former Section 3 of s.b. 166, 134th General Assembly, Amended and Codified as r.c. 4123.345 by h.b. 33, 135th General Assembly] Work-Based Learning Program.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The employers providing work-based learning program is created.
As soon as practicable after the effective date of this section, the administrator of workers' compensation, subject to the approval of the bureau of workers' compensation board of directors, shall adopt a rule that prohibits the administrator from charging any amount with respect to a claim for compensation or benefits under this chapter or Chapters 4121., 4127., or 4131. of the Revised Code to an employer's experience if both of the following apply:
(1) The employer provides work-based learning experiences for students enrolled in a career-technical education program approved under section 3317.161 of the Revised Code.
(2) The claim is based on a student's injury, occupational disease, or death sustained in the course of and arising out of the student's participation in the employer's work-based learning experience.
(B) Pursuant to section 4109.06 of the Revised Code, the requirements of Chapter 4109. of the Revised Code do not apply to a student participating in a work-based learning experience described in division (A)(1) of this section.
Last updated August 31, 2023 at 4:35 PM
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.353 | Public Employer Granted Self-Insuring Employer Status.

Effective:
September 17, 2014
Latest Legislation:
House Bill 493 - 130th General Assembly
(A) A public employer, except for a board of county commissioners described in division (G) of section 4123.01 of the Revised Code, a board of a county hospital, or a publicly owned utility, who is granted the status of self-insuring employer pursuant to section 4123.35 of the Revised Code shall do all of the following:
(1) Reserve funds as necessary, in accordance with sound and prudent actuarial judgment, to cover the costs the public employer may potentially incur to remain in compliance with this chapter and Chapter 4121. of the Revised Code;
(2) Include all activity under this chapter and Chapter 4121. of the Revised Code in a single fund on the public employer's accounting records;
(3) Within ninety days after the last day of each fiscal year, prepare and maintain a report of the reserved funds described in division (A)(1) of this section and disbursements made from those reserved funds.
(B) A public employer who is subject to division (A) of this section shall make the reports required by that division available for inspection by the administrator of workers' compensation and any other person at all reasonable times during regular business hours.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.36 | Covering Default When Account Uncollectible.

Effective:
September 29, 2023
Latest Legislation:
House Bill 31 - 135th General Assembly
Whenever an employer fails to pay a premium due and the administrator of workers' compensation determines the employer's account to be uncollectible, the administrator shall cover the default from the state insurance fund. Thereafter, the employer shall be considered a noncomplying employer under this chapter and shall not be entitled to the benefits and protection of this chapter.
Last updated August 3, 2023 at 10:45 AM
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.38 | Contributions to Public Insurance Fund.

Effective:
March 20, 2019
Latest Legislation:
House Bill 494 - 132nd General Assembly
Every public employer, except for boards of county hospital trustees that are self-insurers under section 4123.35 of the Revised Code, shall contribute to the public insurance fund the amount of money determined by the administrator of workers' compensation, and the manner of determining contributions and the classifications of employers is as provided in sections 4123.39 to 4123.41 and 4123.48 of the Revised Code.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.39 | Contributions by State and Subdivisions.

Effective:
October 20, 1993
Latest Legislation:
House Bill 107 - 120th General Assembly
The administrator of workers' compensation shall determine the amount of money to be contributed under section 4123.38 of the Revised Code by the state itself and each county and each taxing district within each county. In fixing the amount of contribution to be made by the county, for such county and for the taxing districts therein, the administrator shall classify counties and other taxing districts into such groups as will equitably determine the contributions in accordance with the relative degree of hazard, and also merit rate such individual counties, taxing districts, or groups of taxing districts in accordance with their individual accident experience so as ultimately to provide for each taxing subdivision contributing an amount sufficient to meet its individual obligations and to maintain a solvent public insurance fund.
The administrator shall classify hospitals owned by a political subdivision or subdivisions as a group and merit rate each individual hospital according to its individual accident experience as provided in the rules of the administrator.
A children's home or other such public institution, or any other public activity maintained and operated by two or more counties or parts of counties, shall be considered as a county for the purpose of this chapter.
The contribution to the state insurance fund of the state and its departments, agencies, and instrumentalities shall be paid from appropriations made by the general assembly for that purpose.
The administrator shall develop and make available to counties and taxing districts and the district activities and institutions mentioned in this section a plan that groups, for rating purposes, counties, districts, and such activities and institutions of similar size and risk, and pools the risks of those counties, districts, activities, and institutions within the group. In no event shall this be construed as granting to such counties, districts, activities, or institutions status as self-insuring employers.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.391 | Remedies for Learn to Earn Participants.

Effective:
September 24, 2012
Latest Legislation:
Senate Bill 316 - 129th General Assembly
(A) For purposes of this section, "learn to earn program" has the same meaning as in section 4141.293 of the Revised Code.
(B) Solely for the purpose of providing compensation and benefits as set forth in this section, a participant in a learn to earn program is an employee of the department, and not an employee of the entity conducting the training.
(C) A learn to earn program participant who suffers an injury or contracts an occupational disease in the course of and arising out of participation in the learn to earn program is entitled to compensation and benefits under this chapter.
(D)(1) This chapter is the exclusive remedy for a learn to earn program participant or the participant's dependents resulting from the participant's injury or occupational disease received in the course of and arising out of the participant's participation in the program. Pursuant to section 4123.74 of the Revised Code, neither the department nor the designated worksite training provider shall be liable to respond in damages at common law or by statute for any injury, occupational disease, or bodily condition suffered or contracted by a participant in the course of or arising out of participation in the program.
(2) Notwithstanding division (D)(1) of this section, a participant or the participant's dependents do not waive any cause of action for an intentional tort under section 2745.01 of the Revised Code against the department or the designated worksite training provider.
(E) The department may include a learn to earn program participant in its department workers' compensation coverage, or may establish a separate workers' compensation coverage policy with the bureau of workers' compensation upon the terms and conditions for insurance to be established by the bureau consistent with insurance principles, as is equitable in the view of degree and hazard.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.40 | Estimating State's Contribution.

Effective:
September 17, 2014
Latest Legislation:
House Bill 493 - 130th General Assembly
On or before the first day of July of every year, the administrator of workers' compensation shall estimate the gross payroll of all state employers for the succeeding biennium or fiscal year.
The administrator shall determine and certify for the office of budget and management that rate or rates which, when applied to the gross payroll estimate, will produce an amount equal to the estimated cost of awards or claim payments to be made during the like fiscal period, as determined by the administrator.
The rate certified shall be applied and made a part of the gross payroll calculation for the period for which the foregoing estimates have been made, in conformity with section 125.21 of the Revised Code. The amounts collected shall be remitted to the bureau of workers' compensation as provided in section 125.21 of the Revised Code.
If the historical amounts remitted to the bureau are greater or less than historical awards or claim payments, the difference shall be returned to the state employer or recovered by the bureau in a manner determined by the administrator.
In fixing the amount of contribution to be made by the state and each of its departments, agencies, and instrumentalities, the administrator shall classify departments, agencies, and instrumentalities into such groups as will equitably determine the contributions in accordance with their expected individual accident experience so that the state and its departments, agencies, and instrumentalities contribute an amount sufficient to meet individual obligations and the obligations of the participants in total.
Moneys collected from state employers shall not be used to pay compensation or other benefits attributable to service of persons as employees of counties or taxing districts therein, nor shall moneys collected from counties and taxing districts therein be used to pay compensation or other benefits attributable to service of persons as employees of the state.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.401 | Estimated Number of State Employees.

Effective:
November 3, 1989
Latest Legislation:
House Bill 222 - 118th General Assembly
On or before the first day of November preceding each biennium, the officer or employee of each state department, division, subdivision, bureau, commission, or any other state agency required to submit a budget request to the director of budget and management for any biennium shall provide the bureau of workers' compensation with the estimated number of employees of the state department, division, subdivision, bureau, commission, or other state agency for the ensuing biennium along with the estimated payroll of personal services.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.402 | Department of Administrative Services - Powers and Duties.

Effective:
September 29, 1997
Latest Legislation:
House Bill 215 - 122nd General Assembly
The department of administrative services shall act as employer for workers' compensation claims arising under this chapter and Chapters 4121., 4127., and 4131. of the Revised Code for all state agencies, offices, institutions, boards, or commissions except for public colleges and universities. The department shall review, process, certify or contest, and administer workers' compensation claims for each state agency, office, institution, board, and commission, except for a public college or university, unless otherwise agreed to between the department and a state agency, office, institution, board, or commission.
The department may enter into a contract with one or more third party administrators for claims management of a state agency, office, institution, board, or commission, except for a public college or university, for workers' compensation claims and for claims covered by the occupational injury leave program adopted pursuant to section 124.381 of the Revised Code.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.412 | Disabled Workers' Relief Fund.

Effective:
October 20, 1993
Latest Legislation:
House Bill 107 - 120th General Assembly
For the relief of persons who are permanently and totally disabled as the result of injury or disease sustained in the course of their employment and who are receiving workers' compensation which is payable to them by virtue of and under the laws of this state in amounts, the total of which, when combined with disability benefits received pursuant to the Social Security Act is less than three hundred forty-two dollars per month adjusted annually as provided in division (B) of section 4123.62 of the Revised Code, there is hereby created a separate fund to be known as the disabled workers' relief fund, which fund shall consist of the sums that are from time to time appropriated by the general assembly and made available to the order of the bureau of workers' compensation to carry out the objects and purposes of sections 4123.412 to 4123.418 of the Revised Code. The fund shall be in the custody of the treasurer of the state. Disbursements from the fund shall be made by the bureau to those persons entitled to participate therein and in amounts to each participant as is provided in section 4123.414 of the Revised Code. All investment earnings of the fund shall be credited to the fund.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.413 | Eligibility for Participation in Fund.

Effective:
August 22, 1986
Latest Legislation:
Senate Bill 307 - 116th General Assembly
To be eligible to participate in said fund, a participant must be permanently and totally disabled and be receiving workers' compensation payments, the total of which, when combined with disability benefits received pursuant to The Social Security Act is less than three hundred forty-two dollars per month adjusted annually as provided in division (B) of section 4123.62 of the Revised Code.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.414 | Receiving Payments From Fund.

Effective:
August 22, 1986
Latest Legislation:
Senate Bill 307 - 116th General Assembly
Each person determined eligible, pursuant to section 4123.413 of the Revised Code, to participate in the disabled workers' relief fund is entitled to receive payments, without application, from the fund of a monthly amount equal to the lesser of the difference between three hundred forty-two dollars, adjusted annually pursuant to division (B) of section 4123.62 of the Revised Code, and:
(1) The amount he is receiving per month as the disability monthly benefits award pursuant to The Social Security Act; or
(2) The amount he is receiving monthly under the workers' compensation laws for permanent and total disability. In determining such difference, a participant shall be considered as receiving the amount of such participant's compensation which shall have been commuted under the provisions of section 4123.64 of the Revised Code. Such payments shall be made monthly during the period in which such participant is permanently and totally disabled.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.415 | Payments Made to Show Source of Funds.

Effective:
January 17, 1977
Latest Legislation:
Senate Bill 545 - 111th General Assembly
Payments to a participant may be made from the disabled workers' relief fund by separate check or may be made from said fund and from the state insurance fund by one check, but each such check on two funds shall be so written as to show plainly the payments made from each fund. No disbursement shall be made from the state insurance fund on account of any provision of sections 4123.412 to 4123.415 of the Revised Code.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.416 | List of Names and Addresses of Person Receiving Compensation.

Effective:
November 3, 1989
Latest Legislation:
House Bill 222 - 118th General Assembly
The administrator of workers' compensation shall promptly require of each employer who has elected to pay compensation direct under the provisions of section 4123.35 of the Revised Code a verified list of the names and addresses of all persons to whom the employer is paying workers' compensation on account of permanent and total disability and the evidence respecting such persons as the administrator reasonably deems necessary to determine the eligibility of any such person to participate in the disabled workers' relief fund. The superintendent of insurance shall promptly require of each insurance company which is organized or licensed to do business in this state and which has at any time written workers' compensation insurance in this state a like verified list and like evidence respecting persons to whom the insurance companies are paying workers' compensation under the Ohio workers' compensation laws and contracts of insurance in respect thereof; and the superintendent of insurance shall promptly transmit all such lists and evidence to the bureau of workers' compensation. Any person claiming the right to participate in the fund may file his application therefor with the bureau and shall be accorded a hearing thereon.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.417 | Investigation and Determination of Right of Persons to Participate in Disabled Workers' Relief Fund.

Effective:
October 20, 1993
Latest Legislation:
House Bill 107 - 120th General Assembly
In the investigation and determination of the right of persons to participate in the disabled workers' relief fund, the administrator of workers' compensation shall have and exercise all the powers that he possesses under this chapter and Chapter 4121. of the Revised Code. An order issued by the administrator relative to an individual's right to participate in the disabled workers' relief fund 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. No attorney, representative, or agent of any claimant or participant is entitled to charge or receive a fee or compensation or gratuity in any form for representing or assisting or pretending to represent or assist any person to become a participant in the fund.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.418 | Bureau Employees.

Effective:
September 29, 1997
Latest Legislation:
House Bill 215 - 122nd General Assembly
The administrator of workers' compensation shall employ employees as is necessary to the discharge of the administrator's duties and responsibilities hereunder. The salaries and expenses of the employees shall be paid by the treasurer of the state from the fund created by section 4123.412 of the Revised Code as provided in section 4123.42 of the Revised Code.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.419 | Establishing Assessment Rate.

Effective:
September 29, 2015
Latest Legislation:
House Bill 52 - 131st General Assembly
The assessment rate established pursuant to section 4123.411 of the Revised Code, subject to the limits set forth in that section, shall be adequate to provide the amounts estimated as necessary by the administrator of workers' compensation to carry out the provisions of sections 4123.412 to 4123.418 of the Revised Code.
For all injuries and disabilities occurring before January 1, 1987, the administrator, for the purpose of carrying out those sections and with the advice and consent of the bureau of workers' compensation board of directors, may transfer to the disabled workers' relief fund from the income produced as a result of investments made pursuant to section 4123.44 of the Revised Code amounts necessary to carry out those sections with respect to claims related to private and public taxing district employers, rather than levying an assessment against those employers under section 4123.411 of the Revised Code.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.42 | Custodian of State Insurance Fund.

Effective:
October 20, 1993
Latest Legislation:
House Bill 107 - 120th General Assembly
The treasurer of state shall be custodian of the state insurance fund, the occupational disease fund. The treasurer shall pay disbursements from the funds upon warrants drawn by the bureau of workers' compensation and signed by the administrator of workers' compensation. The warrants may bear the facsimile signature of the administrator printed thereon, or the facsimile signature printed thereon of the employee of the bureau charged with the duty of keeping the account of the funds and with the preparation of warrants for the payment of compensation to the persons entitled thereto.
The treasurer of state shall give a separate and additional bond, in the amount fixed by the governor and with sureties to his approval, conditioned for the faithful performance of his duties as custodian of the state insurance fund. The bond shall be deposited with the secretary of state and kept in his office. The bureau shall pay the premium on the bond.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.43 | Deposit of Funds Not Required for Immediate Use.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The treasurer of state may deposit any portion of the state insurance fund not needed for immediate use in the same manner as and subject to all the laws with respect to the deposit of state funds by the treasurer of state. All interest earned by such portion of the state insurance funds as is deposited under this section shall be collected by the treasurer of state and placed to the credit of such fund.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.442 | Development of Investment Policy - Duties of Committee.

Effective:
September 10, 2007
Latest Legislation:
House Bill 100 - 127th General Assembly
When developing the investment policy for the investment of the assets of the funds specified in this chapter and Chapters 4121., 4127., and 4131. of the Revised Code, the workers' compensation investment committee shall do all of the following:
(A) Specify the asset allocation targets and ranges, risk factors, asset class benchmarks, time horizons, total return objectives, and performance evaluation guidelines;
(B) Prohibit investing the assets of those funds, directly or indirectly, in vehicles that target any of the following:
(1) Coins;
(2) Artwork;
(3) Horses;
(4) Jewelry or gems;
(5) Stamps;
(6) Antiques;
(7) Artifacts;
(8) Collectibles;
(9) Memorabilia;
(10) Similar unregulated investments that are not commonly part of an institutional portfolio, that lack liquidity, and that lack readily determinable valuation.
(C) Specify that the administrator of workers' compensation may invest in an investment class only if the bureau of workers' compensation board of directors, by a majority vote, opens that class;
(D) Prohibit investing the assets of those funds in any class of investments the board, by majority vote, closed, or any specific investment in which the board prohibits the administrator from investing;
(E) Not specify in the investment policy that the administrator or employees of the bureau of workers' compensation are prohibited from conducting business with an investment management firm, any investment management professional associated with that firm, any third party solicitor associated with that firm, or any political action committee controlled by that firm or controlled by an investment management professional of that firm based on criteria that are more restrictive than the restrictions described in divisions (Y) and (Z) of section 3517.13 of the Revised Code.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.443 | Rental Payments for Leased Buildings.

Effective:
April 10, 1991
Latest Legislation:
House Bill 743 - 118th General Assembly
Rental payments by the bureau of workers' compensation or the industrial commission to or for the benefit of the state insurance fund for each building owned by the bureau that was constructed or acquired as an investment in productive real estate, shall be made pursuant to a lease agreement for a term that shall not exceed two years. Beginning July 1, 1991, the rental payments to be made under each such lease agreement shall include the amount needed to amortize the construction or acquisition costs for the building over a period not to exceed twenty-five years, and, until such costs are amortized, an amount representing return on investment to the state insurance fund determined by multiplying the unamortized acquisition or construction costs of the building by a rate that is not more than three per cent below the rate determined by the tax commissioner under division (B) of section 5703.47 of the Revised Code.