reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.76 | Claim Against Noncomplying Employer a Lien.

Effective:
January 30, 2014
Latest Legislation:
House Bill 72 - 130th General Assembly
When an application for compensation or benefits or an application for further compensation or benefits is filed with the industrial commission or the bureau of workers' compensation under section 4123.75 of the Revised Code against an employer who has not complied with section 4123.35 of the Revised Code, the bureau shall make and file for record in the office of the county recorder in the counties where the employer's property is located, an affidavit showing the date on which the application was filed with the commission or the bureau, the name and address of the employer against whom it was filed, and the fact that the employer had not complied with section 4123.35 of the Revised Code. The county recorder shall accept and file the affidavit and record and index the affidavit in the official record. A copy of the application or other bureau record documenting the claim shall be filed with the affidavit. A copy of the affidavit shall be served upon the employer by the bureau. The affidavit constitutes a valid lien from the time of filing, in favor of the bureau, upon the real property and personal property of the employer located within the county. The administrator of workers' compensation shall have the lien canceled of record after the employer has paid to the claimant or to the bureau the amount of the compensation or benefits which has been ordered paid to the claimant, or when the application has finally been denied after the claimant has exhausted the remedies provided by law in such cases, or when the employer has filed a bond in the amount and with surety as the administrator approves conditioned on the payment of all sums ordered paid to the claimant. The recorder shall make no charge for the services provided by this section to be performed by the recorder.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.77 | Common Law Defenses Denied to Noncomplying Employers.

Effective:
March 20, 2019
Latest Legislation:
House Bill 494 - 132nd General Assembly
Private employers who fail to comply with section 4123.35 of the Revised Code are not entitled to the benefits of sections 4123.01 to 4123.94, inclusive, of the Revised Code, during the period of such noncompliance, but are liable to their employees for damages suffered by reason of personal injuries sustained in the course of employment caused by the wrongful act, neglect, or default of the employer, or any of the employer's officers, agents, or employees, and also to the personal representatives of such employees where death results from such injuries, and in such action the defendant shall not avail self of the following common law defenses:
(A) The defense of the fellow servant rule;
(B) The defense of the assumption of risk;
(C) The defense of contributory negligence.
Such employers are subject to sections 4123.37 and 4123.75 of the Revised Code.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.78 | Recording of Certificate of Noncompliance.

Effective:
January 30, 2014
Latest Legislation:
House Bill 72 - 130th General Assembly
If any employer fails to comply with section 4123.35 of the Revised Code in accordance with the rules of the administrator of workers' compensation, the administrator shall file with the county recorder of any counties in which the employer's property is located, its certificate of the amount of premium due from the employer, and that amount shall be a lien from the date of filing against the real property and personal property of the employer within the county in which the certificate is filed. The county recorder shall record and index the certificate in the official record. The county recorder shall make no charge for the services provided by this section to be performed by the county recorder.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.79 | Party May Enjoin Operation of Noncomplying Employer - Construction Contractor or Subcontractor.

Effective:
September 17, 1996
Latest Legislation:
House Bill 245 - 121st General Assembly
(A) Any interested party may enjoin the further operation of an employer subject to this chapter who has failed to pay the employer's premium to the workers' compensation fund as prescribed in this chapter. The procedure to obtain an injunction is governed by Chapter 2727. of the Revised Code and the right to such relief is in addition to the rights described in section 2727.02 of the Revised Code.
(B)(1) No construction contractor or subcontractor who, on the date of entering into a construction contract has not been in compliance with section 4123.35 of the Revised Code for a minimum of nine consecutive months, may bring an action to enforce rights arising from that construction contract.
(2) Nothing in this section shall require the surety of a contractor or subcontractor described in division (B)(1) of this section to make payment of any workers' compensation obligation of that contractor or subcontractor or affect the surety's rights in the event that the contractor or subcontractor is in default or is declared by an obligee to be in default of its contractual obligations.
(C) As used in this section:
(1) "Interested party" means any of the following:
(a) An employer who is in compliance with section 4123.35 of the Revised Code and who is not a self-insuring employer;
(b) The attorney general;
(c) The administrator of workers' compensation.
(2) "Construction contract" means any oral or written agreement involving any activity in connection with the erection, alteration, repair, replacement, renovation, installation, or demolition of any building, structure, highway, or bridge.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.80 | Agreement to Waive Rights Void - Exceptions.

Effective:
September 10, 2007
Latest Legislation:
House Bill 100 - 127th General Assembly
No agreement by an employee to waive an employee's rights to compensation under this chapter is valid, except that:
(A) An employee who is blind may waive the compensation that may become due to the employee for injury or disability in cases where the injury or disability may be directly caused by or due to the employee's blindness. The administrator of workers' compensation, with the advice and consent of the bureau of workers' compensation board of directors, may adopt and enforce rules governing the employment of such persons and the inspection of their places of employment.
(B) An employee may waive the employee's rights to compensation or benefits as authorized pursuant to division (C)(3) of section 4123.01 or section 4123.15 of the Revised Code.
No agreement by an employee to pay any portion of the premium paid by the employee's employer into the state insurance fund is valid.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.81 | Prohibition Against Deduction for Premium.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No employer shall deduct any portion of the premium paid by such employer into the state insurance fund from the wages or salary of any employee entitled to the benefits of 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 4123.83 | Posting of Notice by Employer.

Effective:
September 17, 2014
Latest Legislation:
House Bill 493 - 130th General Assembly
Each employer paying premiums into the state insurance fund or electing directly to pay compensation to the employer's injured employees or the dependents of the employer's killed employees as provided in section 4123.35 of the Revised Code, shall post conspicuously in the employer's place or places of employment notices, which shall be furnished at least annually by the bureau of workers' compensation. The notice shall state that it is proof of workers' compensation coverage, or that the employer has complied with section 4123.35 of the Revised Code and has been authorized by the administrator of workers' compensation directly to compensate employees or dependents, and the date of the authorization. The notice shall indicate that coverage is contingent on continued payment of premiums and assessments due. The notice, when posted, constitutes sufficient notice to the employer's employees of the fact that the employer carries workers' compensation coverage or that the employer has complied with the elective provisions of section 4123.35 of the Revised Code.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.85 | Claims for Compensation or Benefits in Cases of Occupational Diseases.

Effective:
September 28, 2021
Latest Legislation:
House Bill 75 - 134th General Assembly
In all cases of occupational disease, or death resulting from occupational disease, claims for compensation or benefits are forever barred unless, within one year after the disability due to the disease began, or within such longer period as does not exceed six months after diagnosis of the occupational disease by a licensed physician or within one year after death occurs, application is made to the industrial commission or the bureau of workers' compensation or to the employer if the employer is a self-insuring employer.
Last updated August 4, 2021 at 2:18 PM
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.86 | Report Regarding Cancer Claims.

Effective:
April 6, 2017
Latest Legislation:
Senate Bill 27 - 131st General Assembly
(A) The administrator of workers' compensation shall prepare a report containing the following information regarding presumed cancer claims under division (D)(3)(b) of section 742.38 and division (X) of section 4123.68 of the Revised Code:
(1) The number of approved claims;
(2) The number of disapproved claims;
(3) The number of active claims;
(4) The cost related to claims described in divisions (A)(1) and (3) of this section.
(B) The administrator shall submit the initial report required under division (A) of this section not later than two years after the effective date of this section, and an updated report every two years thereafter, to all of the following:
(1) The speaker and the minority leader of the house of representatives;
(2) The president and minority leader of the senate;
(3) The Ohio fire chiefs' association or its successor organization;
(4) The Ohio association of professional fire fighters or its successor organization;
(5) The Ohio municipal league or its successor organization.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.89 | Minor Is Sui Juris - Additional Award for Violation.

Effective:
October 20, 1993
Latest Legislation:
House Bill 107 - 120th General Assembly
For the purpose of this chapter, a minor is sui juris, and no other person shall have any cause of action or right to compensation for an injury to the minor employee, but in the event of the award of a lump sum of compensation to the minor employee, the sum shall be paid to the legally appointed guardian of the minor or in accordance with section 2111.05 of the Revised Code.
When it is found upon hearing by the industrial commission that an injury, occupational disease, or death of a minor working in employment which is prohibited by any law enacted by the general assembly was directly caused by a hazard of such prohibited employment, the commission shall assess an additional award of one hundred per cent of the maximum award established by law, to the amount of the compensation that may be awarded on account of such injury, occupational disease, or death, and paid in like manner as other awards. If the compensation is paid from the state fund, the premium of the employer shall be increased in such amount, covering such period of time as may be fixed, as will recoup the state fund in the amount of the additional award.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.90 | Retaliation for Filing a Claim, Discrimination Against Out-of-Country Dependents Prohibited.

Effective:
November 3, 1989
Latest Legislation:
House Bill 222 - 118th General Assembly
The bureau of workers' compensation, industrial commission, or any other body constituted by the statutes of this state, or any court of this state, in awarding compensation to the dependents of employees, or others killed in Ohio, shall not make any discrimination against the widows, children, or other dependents who reside in a foreign country. The bureau, commission, or any other board or court, in determining the amount of compensation to be paid to the dependents of killed employees, shall pay to the alien dependents residing in foreign countries the same benefits as to those dependents residing in this state.
No employer shall discharge, demote, reassign, or take any punitive action against any employee because the employee filed a claim or instituted, pursued or testified in any proceedings under the workers' compensation act for an injury or occupational disease which occurred in the course of and arising out of his employment with that employer. Any such employee may file an action in the common pleas court of the county of such employment in which the relief which may be granted shall be limited to reinstatement with back pay, if the action is based upon discharge, or an award for wages lost if based upon demotion, reassignment, or punitive action taken, offset by earnings subsequent to discharge, demotion, reassignment, or punitive action taken, and payments received pursuant to section 4123.56 and Chapter 4141. of the Revised Code plus reasonable attorney fees. The action shall be forever barred unless filed within one hundred eighty days immediately following the discharge, demotion, reassignment, or punitive action taken, and no action may be instituted or maintained unless the employer has received written notice of a claimed violation of this paragraph within the ninety days immediately following the discharge, demotion, reassignment, or punitive action taken.
Last updated September 22, 2023 at 12:12 PM
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.91 | Information From Consular Officials.

Effective:
November 3, 1989
Latest Legislation:
House Bill 222 - 118th General Assembly
When the dependents of killed employees reside in a foreign country, the consul general, consul, vice-consul, or consular agent, accredited by the county wherein the dependents of the killed employee reside to the consular district within which the killed employee lived at the time of his decease, shall furnish the necessary information regarding the dependents of killed employees so that the bureau of workers' compensation may transmit to the dependents the funds provided for in this chapter.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.92 | Attorney General, Prosecuting Attorney - Prosecution and Defense of Actions.

Effective:
September 10, 2007
Latest Legislation:
House Bill 100 - 127th General Assembly
Upon the request of the industrial commission or the administrator of workers' compensation, the attorney general, or under the attorney general's direction the prosecuting attorney of any county in cases arising within the county, shall institute and prosecute the necessary actions or proceedings for the enforcement of this chapter, or for the recovery of any money due the state insurance fund, or any penalty, and shall defend in like manner all suits, actions, or proceedings brought against the administrator, the bureau of workers' compensation board of directors, industrial commission, or the members of the board, or industrial commission in their official capacity.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.93 | Subrogation Definitions.

Effective:
August 31, 2016
Latest Legislation:
House Bill 207 - 131st General Assembly
As used in sections 4123.93 to 4123.932 of the Revised Code:
(A) "Claimant" means a person who is eligible to receive compensation, medical benefits, or death benefits under this chapter or Chapter 4121., 4127., or 4131. of the Revised Code.
(B) "Statutory subrogee" means the administrator of workers' compensation, a self-insuring employer, or an employer that contracts for the direct payment of medical services pursuant to division (P) of section 4121.44 of the Revised Code.
(C) "Third party" means an individual, private insurer, public or private entity, or public or private program that is or may be liable to make payments to a person without regard to any statutory duty contained in this chapter or Chapter 4121., 4127., or 4131. of the Revised Code.
(D) "Subrogation interest" includes past, present, and estimated future payments of compensation, medical benefits, rehabilitation costs, or death benefits, and any other costs or expenses paid to or on behalf of the claimant by the statutory subrogee pursuant to this chapter or Chapter 4121., 4127., or 4131. of the Revised Code.
(E) "Net amount recovered" means the amount of any award, settlement, compromise, or recovery by a claimant against a third party, minus the attorney's fees, costs, or other expenses incurred by the claimant in securing the award, settlement, compromise, or recovery. "Net amount recovered" does not include any punitive damages that may be awarded by a judge or jury.
(F) "Uncompensated damages" means the claimant's demonstrated or proven damages minus the statutory subrogee's subrogation interest.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.932 | Claims Likely to Be Subrogated by a Third Party.

Effective:
September 13, 2018
Latest Legislation:
House Bill 292 - 132nd General Assembly
(A) As used in this section:
(1) "Motor vehicle" has the same meaning as in section 4501.01 of the Revised Code.
(2) "Primarily liable" means more than fifty per cent liable for purposes of section 2315.33 of the Revised Code.
(B) Any compensation and benefits related to a claim that is compensable under this chapter or Chapter 4121., 4127., or 4131. of the Revised Code shall be charged to the surplus fund account created under division (B) of section 4123.34 of the Revised Code and not charged to an individual employer's experience if, upon the administrator's determination, all of the following apply to that claim:
(1) The employer of the employee who is the subject of the claim pays premiums into the state insurance fund.
(2) The claim is based on a motor vehicle accident involving a third party.
(3) Either of the following circumstances apply to the claim:
(a) The third party is issued a citation for violation of any law or ordinance regulating the operation of a motor vehicle arising from the accident on which the claim is based and the claim is covered by any form of insurance maintained by the third party or by uninsured or underinsured motorist coverage as described in section 3937.18 of the Revised Code.
(b) The third party is primarily liable for the motor vehicle accident on which the claim is based and the claim is covered by any form of insurance maintained by the third party or by uninsured or underinsured motorist coverage as described in section 3937.18 of the Revised Code.
(C) If an employer believes division (B) of this section applies to a claim about which an employee of the employer is the subject, the employer may file a request with the administrator for a determination by the administrator as to whether the claim is to be charged to the surplus fund account pursuant to this section.
(D)(1) Within one hundred eighty days after the administrator receives a request made under division (C) of this section, the administrator shall determine whether the claim for which the request is made shall be charged to the surplus fund account pursuant to this section.
(2) If the administrator fails to make a determination under division (D)(1) of this section within the time required, the administrator shall charge the claim for which the request was made to the surplus fund account pursuant to this section.
(E) This section does not apply if the employer of the employee who is the subject of the claim is the state or a state institution of higher education, including its hospitals.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.94 | Preference of Judgments.

Effective:
November 3, 1989
Latest Legislation:
House Bill 222 - 118th General Assembly
All judgments obtained in any action prosecuted by the administrator of worker's compensation or by the state under the authority of this chapter shall have the same preference against the assets of the employer as is allowed by law on judgments rendered for claims for taxes.
Last updated October 25, 2023 at 4:48 PM
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.95 | Liberal Construction of Chapter.

Effective:
November 2, 1959
Latest Legislation:
House Bill 470 - 103rd General Assembly
Sections 4123.01 to 4123.94, inclusive, of the Revised Code shall be liberally construed in favor of employees and the dependents of deceased employees.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.96 | Solicitation of Claims Prohibited.

Effective:
January 17, 1977
Latest Legislation:
Senate Bill 545 - 111th General Assembly
No person who solicits claims or who causes claims to be solicited shall be allowed to practice, or represent parties, before the industrial commission or the bureau of workers' compensation.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4123 | Workers' Compensation › Section 4123.99 | Penalty.

Effective:
October 20, 1993
Latest Legislation:
House Bill 107 - 120th General Assembly
(A) Whoever violates section 4123.27 or 4123.28 of the Revised Code is guilty of a misdemeanor of the fourth degree.
(B) Whoever violates section 4123.50 of the Revised Code is guilty of a minor misdemeanor. Whoever purposely violates such section is guilty of a misdemeanor of the second degree.
(C) Whoever violates section 4123.81 of the Revised Code is guilty of a minor misdemeanor.
(D) Whoever violates section 4123.88 of the Revised Code is guilty of a misdemeanor of the second degree.
(E) Whoever violates section 4123.417 of the Revised Code is guilty of a misdemeanor of the second degree, and the persons who shall have paid a fee, compensation, or gratuity as prohibited by section 4123.417 of the Revised Code may recover by civil action three times the amount thereof, together with a reasonable attorney's fee, from the person to whom the sum was paid or given.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4125 | Professional Employer Organizations › Section 4125.01 | Definitions.

Effective:
March 22, 2013
Latest Legislation:
Senate Bill 139 - 129th General Assembly
As used in this chapter:
(A) "Assurance organization" means an independent and qualified entity approved by the administrator of workers' compensation to certify the qualifications of a professional employer organization or professional employer organization reporting entity.
(B) "Client employer" means a sole proprietor, partnership, association, limited liability company, or corporation that enters into a professional employer organization agreement and is assigned shared employees by the professional employer organization.
(C) "Coemploy" means the sharing of the responsibilities and liabilities of being an employer.
(D) "Professional employer organization" means a sole proprietor, partnership, association, limited liability company, or corporation that enters into an agreement with one or more client employers for the purpose of coemploying all or part of the client employer's workforce at the client employer's work site.
(E) "Professional employer organization agreement" means a written contract to coemploy employees between a professional employer organization and a client employer with a duration of not less than twelve months in accordance with the requirements of this chapter.
(F) "Professional employer organization reporting entity" means two or more professional employer organizations that are majorityowned or commonly controlled by the same entity, parent, or controlling person and that satisfy reporting entity control rules as defined by the financial accounting standards board and under generally accepted accounting principles.
(G) "Shared employee" means an individual intended to be assigned to a client employer on a permanent basis, not as a temporary supplement to the client employer's workforce, who is coemployed by a professional employer organization and a client employer pursuant to a professional employer organization agreement.
(H) "Trade secret" has the same meaning as in section 1333.61 of the Revised Code.
(I) "Working capital" means the excess of current assets over current liabilities as determined by generally accepted accounting principles.
Last updated January 27, 2023 at 3:23 PM
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4125 | Professional Employer Organizations › Section 4125.02 | Administrator of Bureau of Workers' Compensation to Enforce Chapter.

Effective:
March 22, 2013
Latest Legislation:
Senate Bill 139 - 129th General Assembly
The administrator of workers' compensation shall adopt rules in accordance with Chapter 119. of the Revised Code to administer and enforce this chapter, including rules to administer and enforce division (B) of section 4125.03 of the Revised Code.
The administrator may adopt rules for the acceptance of electronic filings in accordance with Chapter 1306. of the Revised Code for applications, documents, reports, and other filings required by this chapter.
The administrator may allow an independent assurance organization to act on behalf of a professional employer organization or professional employer organization reporting entity in complying with this chapter and any rules adopted under it. The assurance organization shall be approved by the administrator before acting on behalf of the professional employer organization or the professional employer organization reporting entity and shall abide by all standards and procedures established by the administrator for that approval. The administrator may permit a professional employer organization or professional employer organization reporting entity to authorize an assurance organization approved by the administrator to act on behalf of the professional employer organization or professional employer organization reporting entity, and the administrator shall specify certain provisions of this chapter that may be satisfied by an assurance organization acting with that authority. The rules shall also stipulate that the use of an assurance organization by a professional employer organization to comply with this chapter is not required and is strictly voluntary.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4125 | Professional Employer Organizations › Section 4125.04 | Organization Is Employer of Record - Workers' Compensation as Exclusive Remedy.

Effective:
November 5, 2004
Latest Legislation:
House Bill 183 - 125th General Assembly
(A) When a client employer enters into a professional employer organization agreement with a professional employer organization, the professional employer organization is the employer of record and the succeeding employer for the purposes of determining a workers' compensation experience rating pursuant to Chapter 4123. of the Revised Code.
(B) Pursuant to Section 35 of Article II, Ohio Constitution, and section 4123.74 of the Revised Code, the exclusive remedy for a shared employee to recover for injuries, diseases, or death incurred in the course of and arising out of the employment relationship against either the professional employer organization or the client employer are those benefits provided under Chapters 4121. and 4123. of the Revised Code.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4125 | Professional Employer Organizations › Section 4125.041 | Status as Shared Employee for Purposes of Insurance, Bonds, and Employer Liability.

Effective:
March 22, 2013
Latest Legislation:
Senate Bill 139 - 129th General Assembly
A shared employee under a professional employer organization agreement shall not, solely as a result of being a shared employee, be considered an employee of the professional employer organization for purposes of general liability insurance, fidelity bonds, surety bonds, employer liability not otherwise covered by Chapters 4121. and 4123. of the Revised Code, or liquor liability insurance carried by the professional employer organization, unless the professional employer organization agreement and applicable prearranged employment contract, insurance contract, or bond specifically states otherwise.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4125 | Professional Employer Organizations › Section 4125.042 | Determination of Tax Credit and Other Economic Incentives.

Effective:
March 22, 2013
Latest Legislation:
Senate Bill 139 - 129th General Assembly
(A) For purposes of determining tax credits and other economic incentives that are provided by this state or any political subdivision and based on employment, shared employees under a professional employer organization agreement shall be considered employees solely of the client employer.
(1) A client employer shall be entitled to the benefit of any tax credit, economic incentive, or similar benefit arising as the result of the client employer's employment of shared employees. If the grant or amount of any tax credit, economic incentive, or other benefit is based on number of employees, each client employer shall be treated as employing only those shared employees coemployed by the client employer. Shared employees working for other client employers of the professional employer organization shall not be counted as employees for that purpose.
(2) Upon request by a client employer or an agency or department of this state, a professional employer organization shall provide employment information reasonably required by the agency or department responsible for administration of the tax credit or economic incentive and necessary to support any request, claim, application, or other action by a client employer seeking the tax credit or economic incentive.
(B) Shared employees whose services are subject to sales tax shall be considered the employees of the client employer for purposes of collecting and levying sales tax on the services performed by the shared employee. Nothing contained in this chapter shall relieve a client employer or professional employer organization of any sales tax liability with respect to its goods or services.
(C) Any tax assessed on a per capita or per employee basis shall be assessed against the client employer for shared employees and against the professional employer organization for employees of the professional employer organization who are not shared employees coemployed with a client employer.
(D) For purposes of computing any tax that is imposed or calculated upon the basis of total payroll, the professional employer organization shall be eligible to use any small business allowance or exemption based solely on the employees of the professional employer organization who are not shared employees with any client employer. The eligibility of a client employer for the allowance or exemption shall be based solely upon the payroll of the employees of the client employer, including any shared employees coemployed by the client employer.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4125 | Professional Employer Organizations › Section 4125.06 | Denial or Revocation of Registration - Stay of Decision - Procedure on Revocation.

Effective:
November 5, 2004
Latest Legislation:
House Bill 183 - 125th General Assembly
(A) In accordance with Chapter 119. of the Revised Code, the administrator of the bureau of workers' compensation may deny registration or revoke the registration of a professional employer organization and rescind its status as a coemployer upon a finding that the professional employer organization has done any of the following:
(1) Obtained or attempted to obtain registration through misrepresentation, misstatement of a material fact, or fraud;
(2) Misappropriated any funds of the client employer;
(3) Used fraudulent or coercive practices to obtain or retain business or demonstrated financial irresponsibility;
(4) Failed to appear, without reasonable cause or excuse, in response to a subpoena lawfully issued by the administrator;
(5) Failed to comply with the requirements of this chapter.
(B) The administrator's decision to deny or revoke a professional employer organization's registration or to rescind its status as a coemployer is stayed pending the exhaustion of all administrative appeals by the professional employer organization.
The administrator shall adopt rules that require that when an employer contacts the bureau of workers' compensation to determine whether a particular professional employer organization is registered, if the administrator has denied or revoked that professional employer organization's registration or rescinded its status as a coemployer, and if all administrative appeals are not yet exhausted when the employer inquires, the appropriate bureau personnel shall inform the inquiring employer of the denial, revocation, or rescission and the fact that the professional employer organization has the right to appeal the administrator's decision.
(C) Upon revocation of the registration of a professional employer organization, each client employer associated with that professional employer organization shall file payroll reports and pay workers' compensation premiums directly to the administrator on its own behalf at a rate determined by the administrator based solely on the claims experience of the client employer.
(D) Upon revocation of a professional employer organization's registration, each client employer associated with that professional employer organization shall file on its own behalf the appropriate documents or data with all state and federal agencies as required by law with respect to any shared employee the client employer and the professional employer organization shared.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4125 | Professional Employer Organizations › Section 4125.08 | Professional License Requirements Unaffected - Shared Employee Is Employee of Client Employer.

Effective:
March 22, 2013
Latest Legislation:
Senate Bill 139 - 129th General Assembly
Nothing in this chapter exempts a professional employer organization, client employer, or shared employee from any applicable federal, state, or local licensing, registration, or certification statutes or regulations. An individual required to obtain and maintain a license, registration, or certification under law and who is a shared employee of a professional employer organization and a client employer is an employee of the client employer for purposes of obtaining and maintaining the appropriate license, registration, or certification as required by law. A professional employer organization does not engage in any occupation, trade, or profession that requires a license, certification, or registration solely by entering into a professional employer agreement with a client employer or coemploying a shared employee.
A client employer shall have the sole right of direction and control of the professional or licensed activities of shared employees and of the client employer's business. The shared employees and client employers shall remain subject to regulation by the board, commission, or agency responsible for licensing, registration, or certification of the shared employees or client employers.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4125 | Professional Employer Organizations › Section 4125.09 | Existing Collective Bargaining Agreement Unaffected.

Effective:
November 5, 2004
Latest Legislation:
House Bill 183 - 125th General Assembly
Nothing contained in this chapter or in any professional employer organization agreement shall affect, modify, or amend any collective bargaining agreement that exists on the effective date of this section. Nothing in this chapter shall alter the rights or obligations of any client employer, professional employer organization, or shared employee under the "National Labor Relations Act," 49 Stat. 449, 29 U.S.C.A. 151 et seq., the "Railway Labor Act," 44 Stat. 577, 45 U.S.C.A. 151, or any other applicable federal or state law.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4125 | Professional Employer Organizations › Section 4125.10 | Clarification of Rights and Liabilities of Professional Employer Organizations and Client Employers.

Effective:
March 22, 2013
Latest Legislation:
Senate Bill 139 - 129th General Assembly
Nothing contained in this chapter or in any professional employer organization agreement shall do any of the following:
(A) Diminish, abolish, or remove the rights and obligations of client employers and shared employees existing prior to the effective date of the professional employer organization agreement;
(B) Affect, modify, or amend any contractual relationship or restrictive covenant between a shared employee and any client employer in effect at the time a professional employer organization agreement becomes effective;
(C) Prohibit or amend any contractual relationship or restrictive covenant between a client employer and a shared employee that is entered into after the professional employer organization agreement becomes effective;
(D) Create any new or additional enforcement right of a shared employee against a professional employer organization that is not specifically provided by the professional employer organization agreement or this chapter.
A professional employer organization shall have no responsibility or liability in connection with, or arising out of, any contractual relationship or restrictive covenant between a client employer and a shared employee unless the professional employer organization has specifically agreed otherwise in writing.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4125 | Professional Employer Organizations › Section 4125.11 | Effect on Employer Status in Bids, Contracts, Etc.

Effective:
March 22, 2013
Latest Legislation:
Senate Bill 139 - 129th General Assembly
For purposes of a bid, contract, purchase order, or agreement entered into with the state or any political subdivision, a client employer's status or certification as a small, minority-owned, disadvantaged, or woman-owned business enterprise or as a historically underutilized business shall not be affected as a result of the client employer entering into a professional employer organization agreement or using the services of a professional employer organization.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4125 | Professional Employer Organizations › Section 4125.99 | Penalty.

Effective:
November 5, 2004
Latest Legislation:
House Bill 183 - 125th General Assembly
Whoever violates division (A) of section 4125.05 of the Revised Code is guilty of a minor misdemeanor. Whoever knowingly violates division (A) of section 4125.05 of the Revised Code is guilty of a misdemeanor of the second degree.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4127 | Public Works Relief Compensation › Section 4127.01 | Public Works Relief Compensation Definitions.

Effective:
January 1, 1979
Latest Legislation:
House Bill 1282 - 112th General Assembly
As used in sections 4127.01 to 4127.14 of the Revised Code:
(A) "Work-relief employee" means any person engaged in any public relief employment, and receiving "work-relief," who is under the supervision and control of any employer mentioned in this section or any agency of such employer.
(B) "Work-relief" means public relief given in the form of public funds or goods, on the basis of the budgetary needs of the work-relief employee and his dependents, in exchange for any service or labor rendered on or in connection with any public relief employment.
(C) "Employer" means each county, municipal corporation, township, school district, the state, and the state relief commission or any other state agency having supervision or control of work-relief employees, either directly or through agencies.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4127 | Public Works Relief Compensation › Section 4127.02 | Power of Administrator to Hear and Determine Claims - Appeals.

Effective:
October 20, 1993
Latest Legislation:
House Bill 107 - 120th General Assembly
The administrator of workers' compensation may hear and determine all claims for compensation, death benefits, medical, nurse, and hospital services, medicine, and funeral expenses under this chapter.
The decisions of the administrator in all claims for compensation, death benefits, medical, nurse, and hospital services, medicine, and funeral expenses are appealable pursuant to sections 4123.511 and 4123.512 of the Revised Code.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4127 | Public Works Relief Compensation › Section 4127.03 | Compensation of Work-Relief Employee or Dependents of Decedent.

Effective:
October 20, 1993
Latest Legislation:
House Bill 107 - 120th General Assembly
Every work-relief employee who sustains an injury and the dependents of such as are killed, in the course of and arising out of employment, wheresoever such injury or death occurs, except when such injury or death is caused by willful misconduct or intent to bring about such injury or death, or when the use of intoxicating liquors or drugs is the proximate cause of such injury or death, is entitled to receive out of the public work-relief employees' compensation fund, compensation, death benefits, medical, nurse, and hospital services, medicine, and funeral expenses, for loss sustained on account of such injury or death, as is provided for by Chapter 4123. of the Revised Code.
Except as provided in section 4127.06 of the Revised Code, no compensation shall be paid from the work-relief employees' compensation fund for or on account of any temporary disability or partial disability; except that in the cases included in the schedule of loss of specific members or sight, set forth in section 4123.57 of the Revised Code, the disability is deemed to continue for the periods mentioned for each of such cases in that section. In cases where the injury results in the total or partial loss of use of any such member, the disability is deemed to continue for such proportion of the period fixed for the total loss of a member as the administrator of workers' compensation finds that the actual physical disability bears to the total loss of such members.
All compensation payable under this chapter shall be paid on the basis of computation provided for in this chapter.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4127 | Public Works Relief Compensation › Section 4127.04 | Basis for Computation of Compensation.

Effective:
January 1, 1979
Latest Legislation:
House Bill 1282 - 112th General Assembly
The basis upon which compensation or benefits shall be computed, is the amount of work-relief which would have been afforded to the injured person for the calendar week in which the injury or death occurred. In no event shall such compensation exceed the maximum reimbursable relief award established by the state which the claimant would have been entitled to had he not been injured.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4127 | Public Works Relief Compensation › Section 4127.05 | Public Work-Relief Employees' Compensation Fund.

Effective:
October 20, 1993
Latest Legislation:
House Bill 107 - 120th General Assembly
The premiums, collected under this chapter shall be paid into a separate fund to be known as the "public work-relief employees' compensation fund," and all compensation, death benefits, and expenses for medical, nurse, and hospital services, medicine, and funerals, shall be paid out of the fund.
Such premiums shall be collected, the moneys of the fund disbursed and the fund maintained, without regard to or reliance upon any other fund mentioned in Chapter 4123. of the Revised Code.
This section shall not prevent the deposit or investment of the moneys of the public work-relief employees' compensation fund with the moneys of the state insurance fund provided for in Chapter 4123. of the Revised Code, but such funds shall be separate for all other purposes.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4127 | Public Works Relief Compensation › Section 4127.06 | Funds From Which Compensation Shall Be Paid.

Effective:
November 3, 1989
Latest Legislation:
House Bill 222 - 118th General Assembly
During periods of temporary disability and partial disability other than that resulting from loss of a member or sight or total or partial loss of use of a member, an injured work-relief employee shall be paid directly out of the fund from which the employee was receiving relief, the amounts required to meet the budgetary needs of the employee and his dependents, and in the manner determined by the person or agency having control over or supervision of the fund.
When all of the funds for relief purposes which are available to any employer are exhausted, or when, disability as a result of the injury is continuous beyond a period of six months, the injured work-relief employee shall be compensated for temporary and partial disability out of the public work-relief employees' compensation fund by the bureau of workers' compensation in the same manner and amount as is provided in sections 4127.01 to 4127.14 of the Revised Code for other disabilities.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4127 | Public Works Relief Compensation › Section 4127.07 | Contributions to Fund.

Effective:
September 10, 2007
Latest Legislation:
House Bill 100 - 127th General Assembly
Every employer shall contribute to the public work-relief employees' compensation fund the amount of money determined by the administrator of workers' compensation, with the advice and consent of the bureau of workers' compensation board of directors. The contributions may be made in whole or in part out of any relief funds or any other available public funds, regardless of the manner in which the funds were raised. The officer of any employer having charge of the expenditures of funds for relief purposes, shall set aside and maintain as a special fund out of which contributions to the work-relief employees' compensation fund may be made, an amount equal to the percentage of the work-relief funds as the administrator determines on an actuarial basis as is reasonably necessary to cover the premium obligations of the employer. The manner of determining the contributions and classifications of employers, shall be the same as is provided in sections 4123.39 to 4123.41 and 4123.48 of the Revised Code, and such sections shall apply in so far as they are applicable to the employers, but rates of premium shall be applied to insure solvency of the public work-relief employees' compensation fund at all times.
The state relief commission or any other state agency having supervision or control of work-relief employees, either directly or through agencies, shall file reports and make payments of premiums out of any fund under its control or supervision, in the amount and manner, and at the time, as is determined by the administrator; and the furnishing of the reports and the payment of the premiums by the state agency, for work-relief employees, shall relieve the state of the obligations set forth in sections 4123.40, 4123.41, and 4123.48 of the Revised Code, with respect to contributing to the public work-relief employees' compensation fund for work-relief employees.