Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-5 - Miscellaneous Provisions › Section 4123-5-20 - Payment of compensation when advancements are made during period of disability

Current through all regulations passed and filed through July 1, 2024
(A) Except for payments made to claimants
			 under a contract of hire or under a collective bargaining agreement by an
			 employer that is a professional sports franchise domiciled in Ohio, whenever a
			 claimant and the employer advise the bureau of workers'
			 compensation in writing that wages or sick leave were paid or
			 advancements were made solely for the purpose of assisting the claimant in
			 obtaining necessary maintenance and care during a period not to exceed twelve
			 weeks following an injury sustained or occupational disease contracted by the
			 claimant in the course of and arising out of employment, particularly while a
			 claim for compensation is being acted upon by the bureau, and the claimant and
			 employer had mutually agreed that the employer is to be reimbursed, at least to
			 the extent of any compensation paid to the claimant over the same period in
			 which the wages were paid or the advancements made, the bureau shall issue
			 warrants in payment of compensation awarded for a period not to exceed twelve
			 weeks commencing from the date of such an injury or beginning of disability,
			 which warrants are to be mailed to the claimant in care of the employer with
			 instructions that the warrants are to be endorsed personally by the claimant.
			 The bureau will not honor the agreement unless the written notice of the
			 agreement is signed by the employer and claimant and filed with the bureau
			 within thirty days of the beginning date of payment of wages, sick leave, or
			 advancement. Failure to comply otherwise with the terms of this rule may result
			 in the bureau's refusal to honor the terms of the agreement between the
			 employer and the claimant. Within thirty days of the end date of payment of
			 wages, sick leave, or advancement, the employer or claimant shall provide
			 written notice to the bureau. The warrants to be sent in care of the employer
			 are not to be in payment of compensation for disability in excess of a period
			 of twelve weeks closely following the date of injury or beginning of
			 disability, unless under special circumstances the bureau authorizes the
			 sending of warrants in payment of compensation for disability beyond the twelve
			 weeks in care of the employer.
(B)
			 Whenever an employer that is a professional sports franchise domiciled in Ohio
			 makes payment pursuant to the terms of a contract of hire or a collective
			 bargaining agreement during a period of disability resulting from the injury or
			 occupational disease, the aggregate amount of such payments shall be deemed an
			 advanced payment. Upon the filing of proof of such payments, compensation
			 payments under sections
			 4123.56 to
			 4123.58 of the Revised Code
			 shall be reimbursed by the bureau directly to the employer if it is a state
			 fund employer unless payment has been made to the claimant prior to the
			 bureau's receipt of the employer's proof of an advanced payment. Self-insured
			 employers shall apply the aggregate amount of advanced payments to a claimant
			 to offset that claimant's future payments of compensation under section
			 4123.56 to
			 4123.58 of the Revised Code.
			 Employer reimbursements and offsets shall apply only where the employee's
			 application for compensation is pending on or after August 22, 1986.
(C) Where a claimant is entitled to vacation
			 with pay, payment of wages for a vacation period during the period of temporary
			 disability resulting from injury or occupational disease shall not be deemed an
			 advancement nor shall such payment be applied to offset any temporary total
			 compensation  payable for that
			 period of time.
If the employer and claimant agree in
				writing, supplemental sick leave benefits may be paid in addition to temporary
				total compensation, and payment of the supplemental sick leave benefits shall
				not be deemed an advancement nor shall such payment be applied to offset any
				temporary total compensation payable for that period of time.
Where claimants are paid a regular salary during the period of
				disability on any other basis,
				sick leave, payment of compensation for temporary disability cannot be paid so
				long as such regular salary or wages are paid, unless the claimant and the
				employer notify the bureau in writing pursuant to paragraph (A) of this
				rule.