HB 81 — Make appropriations for Bureau of Workers' Comp for FY 2026-27

oneIn 57order memberfor whothe representsname employers,of onean memberindividual whoto representsbe 58submitted employeeto organizations,the onegovernor memberunder whothis isdivision, anthe investmentnominating andcommittee 59shall securitiesapprove expert, and the memberindividual whoby isan aaffirmative certifiedvote publicof 60 accountant to a termmajority endingof twoits yearsmembers. after June 11, 2007;

and(D) 61All onemembers memberof whothe representsboard employers,shall onereceive membertheir whoreasonable representsand 62necessary employeeexpenses organizations,pursuant oneto membersection who126.31 isof anthe investmentRevised andCode 63while securitiesengaged expert,in and the memberperformance whoof istheir duties as members and also shall receive an actuaryannual salary not to aexceed termsixty 64thousand endingdollars threein yearstotal, afterpayable Juneon 11,the 2007.following basis:

Thereafter,(1) termsExcept as provided in division (D)(2) of 65this officesection, a member shall bereceive fortwo threethousand years,five withhundred eachdollars termduring endinga onmonth in which the 66member sameattends dayone or more meetings of the sameboard and shall receive no payment during a month asin didwhich the termmember thatattends itno succeeds.meeting of the board.

67(2) EachA member shallmay holdreceive officeno frommore than thirty thousand dollars per year to compensate the datemember for attending meetings of the member'sboard, 68regardless appointmentof until the endnumber of meetings held by the termboard forduring whicha year or the membernumber wasof 69meetings appointed.in excess of twelve within a year that the member attends.

70(3) MembersExcept mayas beprovided reappointed.in division (D)(4) of this section, if a member serves on the workers' compensation audit committee, workers' compensation actuarial committee, or the workers' compensation investment committee, the member shall receive two thousand five hundred dollars during a month in which the member attends one or more meetings of the committee on which the member serves and shall receive no payment during any month in which the member attends no meeting of that committee.

Any(4) A member appointedmay toreceive fillno amore 71than vacancythirty occurringthousand priordollars per year to compensate the expirationmember datefor attending meetings of any of the termcommittees forspecified 72in whichdivision the(D)(3) member'sof predecessorthis wassection, appointedregardless shallof holdthe officenumber 73of asmeetings held by a membercommittee forduring a year or the remaindernumber of thatcommittees term.on which a member serves.

AThe memberchairperson shallof 74the continueboard inshall officeset subsequent to the expirationmeeting datedates of the 75board member'sas termnecessary untilto aperform successorthe takesduties officeof orthe untilboard aunder periodthis 76chapter ofand sixtyChapters days4123., has4125., elapsed,4127., whichever4131., occurs4133., first.and 4167.

77 (C) In making appointments to the board, the governor 78 shall select the members from the list of names submitted by the 79 Am.

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81 Page 4 As Re-Referred by the House Rules and Reference Committee workers' compensation board of directors nominating committee 80 pursuant to this division.

The nominating committee shall submit 81 to the governor a list containing four separate names for each 82 of the members on the board.

Within fourteen days after the 83 submission of the list, the governor shall appoint individuals 84 from the list.

85 At least thirty days prior to a vacancy occurring as a 86 result of the expiration of a term and within thirty days after 87 other vacancies occurring on the board, the nominating committee 88 shall submit an initial list containing four names for each 89 vacancy.

Within fourteen days after the submission of the 90 initial list, the governor either shall appoint individuals from 91 that list or request the nominating committee to submit another 92 list of four names for each member the governor has not 93 appointed from the initial list, which list the nominating 94 committee shall submit to the governor within fourteen days 95 after the governor's request.

The governor then shall appoint, 96 within seven days after the submission of the second list, one 97 of the individuals from either list to fill the vacancy for 98 which the governor has not made an appointment from the initial 99 list.

If the governor appoints an individual to fill a vacancy 100 occurring as a result of the expiration of a term, the 101 individual appointed shall begin serving as a member of the 102 board when the term for which the individual's predecessor was 103 appointed expires or immediately upon appointment by the 104 governor, whichever occurs later.

With respect to the filling of 105 vacancies, the nominating committee shall provide the governor 106 with a list of four individuals who are, in the judgment of the 107 nominating committee, the most fully qualified to accede to 108 membership on the board.

109 In order for the name of an individual to be submitted to 110 Am.

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81 Page 5 As Re-Referred by the House Rules and Reference Committee the governor under this division, the nominating committee shall 111 approve the individual by an affirmative vote of a majority of 112 its members.

113 (D) All members of the board shall receive their 114 reasonable and necessary expenses pursuant to section 126.31 of 115 the Revised Code while engaged in the performance of their 116 duties as members and also shall receive an annual salary not to 117 exceed sixty thousand dollars in total, payable on the following 118 basis:

119 (1) Except as provided in division (D)(2) of this section, 120 a member shall receive two thousand five hundred dollars during 121 a month in which the member attends one or more meetings of the 122 board and shall receive no payment during a month in which the 123 member attends no meeting of the board.

124 (2) A member may receive no more than thirty thousand 125 dollars per year to compensate the member for attending meetings 126 of the board, regardless of the number of meetings held by the 127 board during a year or the number of meetings in excess of 128 twelve within a year that the member attends.

129 (3) Except as provided in division (D)(4) of this section, 130 if a member serves on the workers' compensation audit committee, 131 workers' compensation actuarial committee, or the workers' 132 compensation investment committee, the member shall receive two 133 thousand five hundred dollars during a month in which the member 134 attends one or more meetings of the committee on which the 135 member serves and shall receive no payment during any month in 136 which the member attends no meeting of that committee.

137 (4) A member may receive no more than thirty thousand 138 dollars per year to compensate the member for attending meetings 139 Am.

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81 Page 6 As Re-Referred by the House Rules and Reference Committee of any of the committees specified in division (D)(3) of this 140 section, regardless of the number of meetings held by a 141 committee during a year or the number of committees on which a 142 member serves.

143 The chairperson of the board shall set the meeting dates 144 of the board as necessary to perform the duties of the board 145 under this chapter and Chapters 4123., 4125., 4127., 4131., 146 4133., and 4167.

The board shall meet at 147 least twelve times a year.

The administrator of workers' 148 compensation shall provide professional and clerical assistance 149 to the board, as the board considers appropriate.

150 (E) Before entering upon the duties of office, each 151 appointed member of the board shall take an oath of office as 152 required by sections 3.22 and 3.23 of the Revised Code and file 153 in the office of the secretary of state the bond required under 154 section 4121.127 of the Revised Code.

155 (F) The board shall:

156 (1) Establish the overall administrative policy for the 157 bureau for the purposes of this chapter and Chapters 4123., 158 4125., 4127., 4131., 4133., and 4167.

159 (2) Review progress of the bureau in meeting its cost and 160 quality objectives and in complying with this chapter and 161 Chapters 4123., 4125., 4127., 4131., 4133., and 4167.

of the 162Am. Revised Code;

163 (3) Submit an annual report to the president of the 164 senate, the speaker of the house of representatives, and the 165 governor and include all of the following in that report:

166 (a) An evaluation of the cost and quality objectives of 167 the bureau;

168 Am.

81 Page136th 7G.A. As Re-Referred by the House Rules and Reference Committee (b) A statement of the net assets available for the 169 provision of compensation and benefits under this chapter and 170 Chapters 4123., 4127., and 4131.

of the Revised CodeCode; as of the 171 last day of the fiscal year;

172(3) (c)Submit Aan statementannual ofreport anyto changesthe thatpresident occurredof in the netsenate, 173the assetsspeaker available,of including employer premiums and net investment 174 income, for the provisionhouse of compensationrepresentatives, and benefits and 175 payment of administrative expenses, between the firstgovernor and lastinclude 176all day of the fiscalfollowing yearin immediatelythat precedingreport: the date of the 177 report;

178(a) (d)An Theevaluation following information for each of the sixcost 179and consecutivequality fiscalobjectives yearsof occurring previous to the report:bureau;

180(b) (i) A schedulestatement of the net assets available for 181the provision of compensation and benefits;benefits under this chapter and Chapters 4123., 4127., and 4131.

182of (ii)the TheRevised annualCode costas of the paymentlast day of compensationthe andfiscal 183year; benefits;

184(c) (iii)A Annualstatement of any changes that occurred in the net assets available, including employer premiums and net investment income, for the provision of compensation and benefits and payment of administrative expensesexpenses, incurred;between the first and last day of the fiscal year immediately preceding the date of the report;

185(d) (iv)The Annualfollowing employerinformation premiumsfor allocatedeach forof the provisionsix 186consecutive offiscal compensationyears andoccurring benefits.previous to the report:

187(i) (e) A descriptionschedule of any significant changes that occurred 188 during the sixnet yearsassets available for whichcompensation theand boardbenefits; provided the 189 information required under division (F)(3)(d) of this section 190 that affect the ability of the board to compare that information 191 from year to year.

192(ii) (4)The Reviewannual allcost independentof financialthe auditspayment of thecompensation bureau.and benefits;

193(iii) TheAnnual administratoradministrative shallexpenses provideincurred; access to records of the bureau 194 to facilitate the review required under this division.

195(iv) (5)Annual Studyemployer issuespremiums asallocated requestedfor by the administratorprovision orof thecompensation 196and Am.benefits.

(e) A description of any significant changes that occurred during the six years for which the board provided the information required under division (F)(3)(d) of this section that affect the ability of the board to compare that information from year to year.

(4) Review all independent financial audits of the bureau.

The administrator shall provide access to records of the bureau to facilitate the review required under this division.

(5) Study issues as requested by the administrator or the governor;

(6) Contract with all of the following:

(a) An independent actuarial firm to assist the board in making recommendations to the administrator regarding premium rates;

(b) An outside investment counsel to assist the workers' compensation investment committee in fulfilling its duties;

(c) An independent fiduciary counsel to assist the board in the performance of its duties.

(7) Approve the investment policy developed by the workers' compensation investment committee pursuant to section 4121.129 of the Revised Code if the policy satisfies the requirements specified in section 4123.442 of the Revised Code;

(8) Review and publish the investment policy no less than annually and make copies available to interested parties;

(9) Prohibit, on a prospective basis, any specific investment it finds to be contrary to the investment policy approved by the board;

(10) Vote to open each investment class and allow the administrator to invest in an investment class only if the board, by a majority vote, opens that class;

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81 Page136th 8G.A. As Re-Referred by the House Rules and Reference Committee governor;

197(11) (6)After Contractopening witha allclass but prior to the administrator investing in that class, adopt rules establishing due diligence standards for employees of the following:bureau to follow when investing in that class and establish policies and procedures to review and monitor the performance and value of each investment class;

198(12) (a)Submit Ana independentreport actuarialannually firmon the performance and value of each investment class to assistthe governor, the boardpresident inand 199minority makingleader recommendationsof tothe senate, and the administratorspeaker regardingand premiumminority 200leader rates;of the house of representatives;

201(13) (b)Advise Anand outsideconsent investmenton counselall toof assist the workers'following: 202 compensation investment committee in fulfilling its duties;

203(a) (c)Administrative Anrules independentthe fiduciaryadministrator counselsubmits to assistit pursuant to division (B)(5) of section 4121.121 of the boardRevised 204Code infor the performanceclassification of itsoccupations duties.or industries, for premium rates and contributions, for the amount to be credited to the surplus fund, for rules and systems of rating, rate revisions, and merit rating;

205(b) (7)The Approveduties theand investmentauthority policyconferred developedupon by the 206administrator workers' compensation investment committee pursuant to section 2074121.37 4121.129 of the Revised Code if the policy satisfies the 208 requirements specified in section 4123.442 of the Revised Code;

209(c) (8)Rules Reviewthe andadministrator publishadopts for the investmenthealth policypartnership noprogram lessand thanthe 210qualified annuallyhealth andplan makesystem, copiesas availableprovided toin interestedsections parties;4121.44, 4121.441, and 4121.442 of the Revised Code;

211(d) (9)Rules Prohibit,the onadministrator asubmits prospectiveto basis, any specific 212 investment it findspursuant to beChapter contrary4167. to the investment policy 213 approved by the board;

214of (10)the VoteRevised toCode openregarding each investment class and allow the 215public administratoremployment torisk investreduction inprogram anand investment class only if the 216protection board,of bypublic ahealth majoritycare vote,workers opensfrom thatexposure class;incidents.

217As (11)used After opening a class but prior to the administrator 218 investing in thatthis class,division, adopt"public ruleshealth establishingcare dueworker" diligenceand 219"exposure standardsincident" forhave employees of the bureausame tomeanings followas when investing 220 in thatsection class4167.25 andof establish policies and procedures to review 221 and monitor the performanceRevised andCode. value of each investment class;

222(14) (12)Perform Submitall aduties reportrequired annuallyunder onthis thechapter performance and valueChapters 2234123., Am.4125., 4127., 4131., 4133., and 4167.

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81 Page 9 As Re-Referred by the House Rules and Reference Committee of each investment class to the governor, the president and 224 minority leader of the senate, and the speaker and minority 225 leader of the house of representatives;

226 (13) Advise and consent on all of the following:

227 (a) Administrative rules the administrator submits to it 228 pursuant to division (B)(5) of section 4121.121 of the Revised 229 Code for the classification of occupations or industries, for 230 premium rates and contributions, for the amount to be credited 231 to the surplus fund, for rules and systems of rating, rate 232 revisions, and merit rating;

233 (b) The duties and authority conferred upon the 234 administrator pursuant to section 4121.37 of the Revised Code;

235 (c) Rules the administrator adopts for the health 236 partnership program and the qualified health plan system, as 237 provided in sections 4121.44, 4121.441, and 4121.442 of the 238 Revised Code;

239 (d) Rules the administrator submits to it pursuant to 240 Chapter 4167.

of the Revised Code regarding the public 241 employment risk reduction program and the protection of public 242 health care workers from exposure incidents.

243 As used in this division, "public health care worker" and 244 "exposure incident" have the same meanings as in section 4167.25 245 of the Revised Code.

246 (14) Perform all duties required under this chapter and 247 Chapters 4123., 4125., 4127., 4131., 4133., and 4167.

of the 248 Revised Code;

249 (15) Meet with the governor on an annual basis to discuss 250 the administrator's performance of the duties specified in this 251 Am.

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81 Page 10 As Re-Referred by the House Rules and Reference Committee chapter and Chapters 4123., 4125., 4127., 4131., 4133., and 252 4167.

253(15) (16)Meet Developwith andthe participategovernor inon aan bureauannual ofbasis workers'to 254discuss compensationthe boardadministrator's performance of directorsthe educationduties programspecified thatin consiststhis 255chapter ofand allChapters of4123., the4125., following:4127., 4131., 4133., and 4167.

256of (a)the AnRevised orientationCode; component for newly appointed members;

257(16) (b)Develop Aand continuingparticipate educationin componenta forbureau of workers' compensation board membersof whodirectors 258education haveprogram servedthat forconsists atof leastall oneof year;the following:

259(a) (c)An Aorientation curriculumcomponent thatfor includesnewly educationappointed aboutmembers; each of the 260 following topics:

261(b) (i)A Boardcontinuing membereducation dutiescomponent andfor responsibilities;board members who have served for at least one year;

262(c) (ii)A Compensationcurriculum andthat benefitsincludes paideducation pursuantabout toeach thisof 263the chapterfollowing andtopics: Chapters 4123., 4127., and 4131.

of(i) theBoard Revisedmember 264duties Code;and responsibilities;

265(ii) (iii)Compensation Ethics;and benefits paid pursuant to this chapter and Chapters 4123., 4127., and 4131.

266of (iv)the GovernanceRevised processesCode; and procedures;

267(iii) (v)Ethics; Actuarial soundness;

268(iv) (vi)Governance Investments;processes and procedures;

269(v) (vii)Actuarial Anysoundness; other subject matter the board believes is 270 reasonably related to the duties of a board member.

271Am. (17)(16) Hold all sessions, classes, and other events for 272 the program developed pursuant to division (F)(16)(F)(15) of 273 this section in this state.

274 (G) The board may do both of the following:

275 (1) Vote to close any investment class;

276 Am.

81 Page136th 11G.A. As Re-Referred by the House Rules and Reference Committee (2) Create any committees in addition to the workers' 277 compensation audit committee, the workers' compensation 278 actuarial committee, and the workers' compensation investment 279 committee that the board determines are necessary to assist the 280 board in performing its duties.

281(vi) (H)Investments; The office of a member of the board who is convicted 282 of or pleads guilty to a felony, a theft offense as defined in 283 section 2913.01 of the Revised Code, or a violation of section 284 102.02, 102.03, 102.04, 2921.02, 2921.11, 2921.13, 2921.31, 285 2921.41, 2921.42, 2921.43, or 2921.44 of the Revised Code shall 286 be deemed vacant.

The(vii) vacancyAny shallother besubject filledmatter in the sameboard mannerbelieves 287is asreasonably related to the originalduties appointment.of a board member.

A(17)(16) personHold whoall hassessions, pleadedclasses, guiltyand toother 288events orfor beenthe convictedprogram ofdeveloped anpursuant offense of that nature is ineligible to 289division be(F)(16)(F)(15) aof memberthis ofsection thein board.this state.

A(G) memberThe who receives a bill of 290 indictment for any of the offenses specified in this section 291 shall be automatically suspended from the board pendingmay 292do resolutionboth of the criminalfollowing: matter.

293(1) (I)Vote For the purposes of division (G)(1) of section 121.22 294 of the Revised Code, the meeting between the governor and the 295 board to reviewclose the administrator's performance as required 296 under division (F)(15) of this section shall be considered a 297 meeting regarding the employment of the 298 administrator.Notwithstanding any provisioninvestment toclass; the contrary in 299 section 3.17 of the Revised Code, a board member who fails to 300 attend nine or more board meetings, including regular and 301 special meetings, during any consecutive twelve-month period 302 forfeits the member's position on the board.

The(2) resultingCreate 303any vacancycommittees shallin beaddition filledto inthe workers' compensation audit committee, the sameworkers' mannercompensation asactuarial committee, and the originalworkers' 304compensation appointment.investment committee that the board determines are necessary to assist the board in performing its duties.

305(H) Sec.The office of a member of the board who is convicted of or pleads guilty to a felony, a theft offense as defined in section 2913.01 of the Revised Code, or a violation of section 102.02, 102.03, 102.04, 2921.02, 2921.11, 2921.13, 2921.31, 2921.41, 2921.42, 2921.43, or 2921.44 of the Revised Code shall be deemed vacant.

The vacancy shall be filled in the same manner as the original appointment.

A person who has pleaded guilty to or been convicted of an offense of that nature is ineligible to be a member of the board.

A member who receives a bill of indictment for any of the offenses specified in this section shall be automatically suspended from the board pending resolution of the criminal matter.

(I) For the purposes of division (G)(1) of section 121.22 of the Revised Code, the meeting between the governor and the board to review the administrator's performance as required under division (F)(15) of this section shall be considered a meeting regarding the employment of the administrator.Notwithstanding any provision to the contrary in section 3.17 of the Revised Code, a board member who fails to attend nine or more board meetings, including regular and special meetings, during any consecutive twelve-month period forfeits the member's position on the board.

The resulting vacancy shall be filled in the same manner as the original appointment.

Sec.

(A) There is hereby created the bureau of 306workers' Am.compensation, which shall be administered by the administrator of workers' compensation.

A person appointed to the position of administrator shall possess significant management experience in effectively managing an organization or organizations of substantial size and complexity.

A person appointed to the position of administrator also shall possess a minimum of five years of experience in the field of workers' compensation insurance or in another insurance industry, except as otherwise provided when the conditions specified in division (C) of this section are satisfied.

The governor shall appoint the administrator as provided in section 121.03 of the Revised Code, and the administrator shall serve at the pleasure of the governor.

The governor shall fix the administrator's salary on the basis of the administrator's experience and the administrator's responsibilities and duties under this chapter and Chapters 4123., 4125., 4127., 4131., 4133., and 4167.

of the Revised Code.

The governor shall not appoint to the position of administrator any person who has, or whose spouse has, given a contribution to the campaign committee of the governor in an amount greater than one thousand Am.

81 Page136th 12G.A. As Re-Referred by the House Rules and Reference Committee workers' compensation, which shall be administered by the 307 administrator of workers' compensation.

Adollars personduring appointed to 308 the positiontwo-year ofperiod administratorimmediately shallpreceding possessthe significantdate 309of managementthe experienceappointment in effectively managing an organization or 310 organizations of substantialthe sizeadministrator. and complexity.

AThe person 311 appointed to the position of administrator also shall possesshold ano 312other minimumpublic ofoffice fiveand yearsshall ofdevote experiencefull intime theto field of workers' 313 compensation insurance or in another insurance industry, except 314 as otherwise provided when the conditionsduties specified in division 315 (C) of thisadministrator. section are satisfied.

TheBefore governorentering shallupon appointthe 316duties of the office, the administrator shall take an oath of office as providedrequired inby sectionsections 121.033.22 and 3.23 of the Revised 317 Code, and shall file in the office of the secretary of state, a bond signed by the administrator shalland serveby atsurety approved by the pleasuregovernor, for the sum of fifty thousand dollars payable to the 318state, governor.conditioned upon the faithful performance of the administrator's duties.

(B) The governoradministrator shallis fixresponsible thefor administrator's salary on 319 the basismanagement of the administrator'sbureau experience and for the 320discharge administrator'sof responsibilitiesall andadministrative duties underimposed upon the administrator in this chapter 321 and Chapters 4123., 4125., 4127., 4131., 4133., and 4167.

of the 322 Revised Code.Code, and in the discharge thereof shall do all of the following:

The(1) governorPerform shallall notacts appointand toexercise theall positionauthorities ofand 323powers, administratordiscretionary anyand personotherwise whothat has,are orrequired whoseof spouseor has,vested givenin a 324 contribution to the campaignbureau committeeor any of theits governoremployees in anthis 325chapter amountand greaterChapters than4123., one4125., thousand4127., dollars4131., during4133., theand two-year4167. 326 period immediately preceding the date of the appointment of the 327 administrator.

328of Thethe administratorRevised shallCode, holdexcept nothe otheracts publicand officethe exercise of authority and 329power shallthat devoteis fullrequired timeof toand vested in the dutiesbureau of administrator.workers' compensation board of directors or the industrial commission pursuant to those chapters.

BeforeThe 330treasurer entering upon the duties of thestate office, the administrator shall 331honor takeall anwarrants oathsigned of office as required by sections 3.22 and 3.23 of 332 the Revisedadministrator, Code,or andby shallone fileor inmore the office of the secretaryadministrator's 333employees, ofauthorized state, a bond signed by the administrator andin bywriting, suretyor 334bearing approved by the governor,facsimile forsignature the sum of fiftythe thousandadministrator dollarsor 335such payableemployee tounder thesections state,4123.42 conditionedand upon4123.44 the faithful performance 336 of the administrator'sRevised duties.Code.

337(2) Am.Employ, direct, and supervise all employees required in connection with the performance of the duties assigned to the bureau by this chapter and Chapters 4123., 4125., 4127., 4131., 4133., and 4167.

of the Revised Code, including an actuary, and may establish job classification plans and compensation for all employees of the bureau provided that this grant of authority shall not be construed as affecting any employee for whom the state employment relations board has established an appropriate bargaining unit under section 4117.06 of the Revised Code.

All positions of employment in the bureau are in the classified civil service except those employees the administrator may appoint to serve at the administrator's pleasure in the unclassified civil service pursuant to section 124.11 of the Revised Code.

The administrator shall fix the salaries of employees the administrator appoints to serve at the administrator's pleasure, including the chief operating officer, staff physicians, staff certified nurse-midwives, staff clinical nurse specialists, staff certified nurse practitioners, and other senior management personnel of the bureau and shall establish the compensation of staff attorneys of the bureau's legal section and their immediate supervisors, and take whatever steps are necessary to provide adequate compensation for other staff attorneys.

The administrator may appoint a person who holds a certified position in the classified service within the bureau to a position in the unclassified service within the bureau.

A person appointed pursuant to this division to a position in the unclassified service shall retain the right to resume the position and status held by the person in the classified service immediately prior to the Am.

81 Page136th 13G.A. As Re-Referred by the House Rules and Reference Committee (B) The administrator is responsible for the management of 338 the bureau and for the discharge of all administrative duties 339 imposed upon the administrator in this chapter and Chapters 340 4123., 4125., 4127., 4131., 4133., and 4167.

ofperson's theappointment Revisedin 341the Code,unclassified andservice, inregardless of the dischargenumber thereofof shallpositions dothe allperson ofheld in the 342unclassified following:service.

343An (1)employee's Performright allto actsresume anda exerciseposition allin authoritiesthe andclassified 344service powers,may discretionaryonly andbe otherwiseexercised thatwhen arethe requiredadministrator ofdemotes orthe 345employee vestedto ina thepay bureaurange orlower anythan ofthe itsemployee's employeescurrent inpay thisrange chapteror andrevokes 346the Chaptersemployee's 4123.,appointment 4125.,to 4127.,the 4131.,unclassified 4133.,service. and 4167.

ofAn theemployee 347who Revisedholds Code,a exceptposition in the actsclassified service and who is appointed to a position in the exerciseunclassified ofservice authorityon andor 348after powerJanuary that1, is2016, requiredshall ofhave andthe vestedright to resume a position in the bureauclassified ofservice workers'under 349this compensationdivision boardonly ofwithin directorsfive oryears after the industrialeffective commissiondate 350of pursuantthe toemployee's thoseappointment chapters.in the unclassified service.

TheAn treasureremployee offorfeits statethe shallright honorto 351resume alla warrantsposition signedin by the administrator,classified orservice bywhen onethe oremployee moreis ofremoved 352from the administrator'sposition employees,in authorizedthe byunclassified theservice administratordue 353to inincompetence, writing,inefficiency, ordishonesty, bearingdrunkenness, theimmoral facsimileconduct, signatureinsubordination, discourteous treatment of the 354public, administratorneglect orof suchduty, employeeviolation underof sectionsthis 4123.42chapter andor 355Chapter 4123.44124., of4123., the4125., Revised4127., Code.4131., 4133., or 4167.

356of (2)the Employ,Revised direct,Code, andviolation superviseof allthe employeesrules requiredof 357the indirector connectionof withadministrative services or the performanceadministrator, any other failure of thegood dutiesbehavior, assignedany toother theacts 358of bureaumisfeasance, bymalfeasance, thisor chapternonfeasance andin Chaptersoffice, 4123.,or 4125.,conviction 4127.,of 4131.,a 359felony 4133.,while andemployed 4167.in the civil service.

ofAn theemployee Revisedalso Code,forfeits including an actuary, and 360 may establish job classification plans and compensation for all 361 employees of the bureauright providedto thatresume thisa grantposition ofin authority 362 shall not be construed as affecting any employee for whom the 363classified stateservice employmentupon relationstransfer boardto hasa establisheddifferent anagency. appropriate 364 bargaining unit under section 4117.06 of the Revised Code.

AllReinstatement 365to positionsa ofposition employment in the bureauclassified areservice inshall thebe classifiedto 366a civilposition servicesubstantially exceptequal thoseto employeesthat position in the administratorclassified mayservice 367held appointpreviously, toas servecertified atby the administrator'sdepartment pleasureof inadministrative theservices. 368 Am.

If the position the person previously held in the classified service has been placed in the unclassified service or is otherwise unavailable, the person shall be appointed to a position in the classified service within the bureau that the director of administrative services certifies is comparable in compensation to the position the person previously held in the classified service.

Service in the position in the unclassified service shall be counted as service in the position in the classified service held by the person immediately prior to the person's appointment in the unclassified service.

When a person is reinstated to a position in the classified service as provided in this division, the person is entitled to all rights, status, and benefits accruing to the position during the person's time of service in the position in the unclassified service.

(3) Reorganize the work of the bureau, its sections, departments, and offices to the extent necessary to achieve the most efficient performance of its functions and to that end may establish, change, or abolish positions and assign and reassign duties and responsibilities of every employee of the bureau.

All persons employed by the commission in positions that, after November 3, 1989, are supervised and directed by the administrator under this section are transferred to the bureau in their respective classifications but subject to reassignment and reclassification of position and compensation as the administrator determines to be in the interest of efficient administration.

The civil service status of any person employed by the commission is not affected by this section.

Personnel employed by the bureau or the commission who are subject to Chapter 4117.

of the Revised Code shall retain all of their rights and benefits conferred pursuant to that chapter as it presently exists or is hereafter amended and nothing in this chapter or Chapter 4123.

of the Revised Am.

81 Page136th 14G.A. As Re-Referred by the House Rules and Reference Committee unclassified civil service pursuant to section 124.11 of the 369 Revised Code.

TheCode administrator shall fixbe theconstrued salariesas ofeliminating 370or employeesinterfering thewith administratorChapter appoints4117. to serve at the 371 administrator's pleasure, including the chief operating officer, 372 staff physicians, staff certified nurse-midwives, staff clinical 373 nurse specialists, staff certified nurse practitioners, and 374 other senior management personnel of the bureau and shall 375 establish the compensation of staff attorneys of the bureau's 376 legal section and their immediate supervisors, and take whatever 377 steps are necessary to provide adequate compensation for other 378 staff attorneys.

379of Thethe administratorRevised mayCode appointor athe personrights whoand holdsbenefits aconferred 380under certifiedthat positionchapter into thepublic classifiedemployees serviceor within the bureau 381 to aany positionbargaining inunit. the unclassified service within the bureau.

A(4) 382Provide personoffices, appointedequipment, pursuantsupplies, to this division to a position in the 383 unclassified service shall retain the right to resume the 384 position and statusother heldfacilities byfor the personbureau. in the classified service 385 immediately prior to the person's appointment in the 386 unclassified service, regardless of the number of positions the 387 person held in the unclassified service.

An(5) employee'sPrepare rightand submit to 388the resumeboard ainformation position in the classifiedadministrator serviceconsiders maypertinent onlyor bethe 389board exercisedrequires, whentogether with the administratoradministrator's demotesrecommendations, in the employeeform toof aadministrative payrules, 390for rangethe loweradvice thanand consent of the employee'sboard, currentfor payclassifications rangeof occupations or revokesindustries, for premium rates and contributions, for the 391amount employee'sto appointmentbe credited to the unclassifiedsurplus service.fund, for rules and systems of rating, rate revisions, and merit rating.

AnThe employeeadministrator 392shall whoobtain, holdsprepare, a position in the classified service and whosubmit isany 393other appointedinformation to a position in the unclassifiedboard servicerequires onfor or after 394 January 1, 2016, shall have the rightprompt toand resumeefficient adischarge position in 395 the classified service under this division only within five 396 years after the effective date of theits employee'sduties. appointment in 397 the unclassified service.

An(6) employeeKeep forfeitsthe accounts required by division (A) of section 4123.34 of the rightRevised Code and all other accounts and records necessary to 398the resumecollection, aadministration, positionand indistribution of the classifiedworkers' servicecompensation whenfunds and shall obtain the employeestatistical isand 399other Am.information required by section 4123.19 of the Revised Code.

(7) Exercise the investment powers vested in the administrator by section 4123.44 of the Revised Code in accordance with the investment policy approved by the board pursuant to section 4121.12 of the Revised Code and in consultation with the chief investment officer of the bureau of workers' compensation.

The administrator shall not engage in any prohibited investment activity specified by the board pursuant to division (F)(9) of section 4121.12 of the Revised Code and shall not invest in any type of investment specified in divisions (B)(1) to (10) of section 4123.442 of the Revised Code.

All business shall be transacted, all funds invested, all warrants for money drawn and payments made, and all cash and securities and other property held, in the name of the bureau, or in the name of its nominee, provided that nominees are authorized by the administrator solely for the purpose of facilitating the transfer of securities, and restricted to the administrator and designated employees.

(8) In accordance with Chapter 125.

of the Revised Code, purchase supplies, materials, equipment, and services.

(9) Prepare and submit to the board an annual budget for internal operating purposes for the board's approval.

The administrator also shall, separately from the budget the industrial commission submits, prepare and submit to the director of budget and management a budget for each biennium.

The budgets budget submitted to the board and the director shall include estimates of the costs and necessary expenditures of the bureau in the discharge of any duty imposed by law.

(10) As promptly as possible in the course of efficient administration, decentralize and relocate such of the personnel and activities of the bureau as is appropriate to the end that the receipt, investigation, determination, and payment of claims may be undertaken at or near the place of injury or the residence of the claimant and for that purpose establish regional offices, in such places as the administrator considers proper, capable of discharging as many of the functions of the bureau as is practicable so as to promote prompt and efficient administration in the processing of claims.

All active and inactive lost-time claims files shall be held at the service office responsible for Am.

81 Page136th 15G.A. As Re-Referred by the House Rules and Reference Committee removed from the position in the unclassified service due to 400 incompetence, inefficiency, dishonesty, drunkenness, immoral 401 conduct, insubordination, discourteous treatment of the public, 402 neglect of duty, violation of this chapter or Chapter 124., 403 4123., 4125., 4127., 4131., 4133., or 4167.

of the Revisedclaim. Code, 404 violation of the rules of the director of administrative 405 services or the administrator, any other failure of good 406 behavior, any other acts of misfeasance, malfeasance, or 407 nonfeasance in office, or conviction of a felony while employed 408 in the civil service.

AnA employeeclaimant, alsoat forfeits the rightclaimant's torequest, 409shall resumebe aprovided positionwith ininformation by telephone as to the classifiedlocation serviceof uponthe transferfile pertaining to athe 410claimant's differentclaim. agency.

411The Reinstatementadministrator to a position in the classified service 412 shall beensure to a position substantially equal to that positionall in 413 the classified service heldoffice previously,employees asreport certifieddirectly byto the 414director departmentfor oftheir administrativeservice services.office.

If(11) theProvide positiona thewritten 415binder personon previouslynew heldcoverage inwhere the classifiedadministrator serviceconsiders hasit beento placed 416 in the unclassified service or is otherwise unavailable, the 417 person shall be appointed to a position in the classifiedbest 418interest service within the bureau that the director of administrative 419 services certifies is comparable in compensation to the positionrisk. 420 the person previously held in the classified service.

ServiceThe inadministrator, 421or theany positionother inperson theauthorized unclassifiedby service shall be counted as 422 service in the positionadministrator, inshall thegrant classified service held by the 423binder personupon immediatelysubmission priorof toa therequest person'sfor appointmentcoverage inby the 424employer. unclassified service.

WhenA abinder person is reinstatedeffective tofor a positionperiod 425of inthirty thedays classifiedfrom servicedate asof providedissuance inand this division, the 426 person is entitlednonrenewable. to all rights, status, and benefits accruing 427 to the position during the person's time of service in the 428 position in the unclassified service.

429Payroll (3)reports Reorganizeand thepremium workcharges ofshall coincide with the bureau,effective itsdate sections,of 430the Am.binder.

H.(12) Set standards for the reasonable and maximum handling time of claims payment functions, ensure, by rules, the impartial and prompt treatment of all claims and employer risk accounts, and establish a secure, accurate method of time stamping all incoming mail and documents hand delivered to bureau employees.

B.(13) Ensure that all employees of the bureau follow the orders and rules of the commission as such orders and rules relate to the commission's overall adjudicatory policy-making and management duties under this chapter and Chapters 4123., 4127., and 4131.

No.

81 Page 16 As Re-Referred by the House Rules and Reference Committee departments, and offices to the extent necessary to achieve the 431 most efficient performance of its functions and to that end may 432 establish, change, or abolish positions and assign and reassign 433 duties and responsibilities of every employee of the bureau.

All 434 persons employed by the commission in positions that, after 435 November 3, 1989, are supervised and directed by the 436 administrator under this section are transferred to the bureau 437 in their respective classifications but subject to reassignment 438 and reclassification of position and compensation as the 439 administrator determines to be in the interest of efficient 440 administration.

The civil service status of any person employed 441 by the commission is not affected by this section.

Personnel 442 employed by the bureau or the commission who are subject to 443 Chapter 4117.

of the Revised Code shall retain all of their 444 rights and benefits conferred pursuant to that chapter as it 445 presently exists or is hereafter amended and nothing in this 446 chapter or Chapter 4123.

of the Revised Code shall be construed 447 as eliminating or interfering with Chapter 4117.

of the Revised 448 Code or the rights and benefits conferred under that chapter to 449 public employees or to any bargaining unit.

450 (4) Provide offices, equipment, supplies, and other 451 facilities for the bureau.

452 (5) Prepare and submit to the board information the 453 administrator considers pertinent or the board requires, 454 together with the administrator's recommendations, in the form 455 of administrative rules, for the advice and consent of the 456 board, for classifications of occupations or industries, for 457 premium rates and contributions, for the amount to be credited 458 to the surplus fund, for rules and systems of rating, rate 459 revisions, and merit rating.

The administrator shall obtain, 460 prepare, and submit any other information the board requires for 461 Am.

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81 Page 17 As Re-Referred by the House Rules and Reference Committee the prompt and efficient discharge of its duties.

462 (6) Keep the accounts required by division (A) of section 463 4123.34 of the Revised Code and all other accounts and records 464 necessary to the collection, administration, and distribution of 465 the workers' compensation funds and shall obtain the statistical 466 and other information required by section 4123.19 of the Revised 467 Code.

468 (7) Exercise the investment powers vested in the 469 administrator by section 4123.44 of the Revised Code in 470 accordance with the investment policy approved by the board 471 pursuant to section 4121.12 of the Revised Code and in 472 consultation with the chief investment officer of the bureau of 473 workers' compensation.

The administrator shall not engage in any 474 prohibited investment activity specified by the board pursuant 475 to division (F)(9) of section 4121.12 of the Revised Code and 476 shall not invest in any type of investment specified in 477 divisions (B)(1) to (10) of section 4123.442 of the Revised 478 Code.

All business shall be transacted, all funds invested, all 479 warrants for money drawn and payments made, and all cash and 480 securities and other property held, in the name of the bureau, 481 or in the name of its nominee, provided that nominees are 482 authorized by the administrator solely for the purpose of 483 facilitating the transfer of securities, and restricted to the 484 administrator and designated employees.

485 (8) In accordance with Chapter 125.

of the Revised Code, 486 purchase supplies, materials, equipment, and services.

487 (9) Prepare and submit to the board an annual budget for 488 internal operating purposes for the board's approval.

The 489 administrator also shall, separately from the budget the 490 industrial commission submits, prepare and submit to the 491 Am.

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81 Page 18 As Re-Referred by the House Rules and Reference Committee director of budget and management a budget for each biennium.

492 The budgets budget submitted to the board and the director shall 493 include estimates of the costs and necessary expenditures of the 494 bureau in the discharge of any duty imposed by law.

495 (10) As promptly as possible in the course of efficient 496 administration, decentralize and relocate such of the personnel 497 and activities of the bureau as is appropriate to the end that 498 the receipt, investigation, determination, and payment of claims 499 may be undertaken at or near the place of injury or the 500 residence of the claimant and for that purpose establish 501 regional offices, in such places as the administrator considers 502 proper, capable of discharging as many of the functions of the 503 bureau as is practicable so as to promote prompt and efficient 504 administration in the processing of claims.

All active and 505 inactive lost-time claims files shall be held at the service 506 office responsible for the claim.

A claimant, at the claimant's 507 request, shall be provided with information by telephone as to 508 the location of the file pertaining to the claimant's claim.

The 509 administrator shall ensure that all service office employees 510 report directly to the director for their service office.

511 (11) Provide a written binder on new coverage where the 512 administrator considers it to be in the best interest of the 513 risk.

The administrator, or any other person authorized by the 514 administrator, shall grant the binder upon submission of a 515 request for coverage by the employer.

A binder is effective for 516 a period of thirty days from date of issuance and is 517 nonrenewable.

Payroll reports and premium charges shall coincide 518 with the effective date of the binder.

519 (12) Set standards for the reasonable and maximum handling 520 time of claims payment functions, ensure, by rules, the 521 Am.

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81 Page 19 As Re-Referred by the House Rules and Reference Committee impartial and prompt treatment of all claims and employer risk 522 accounts, and establish a secure, accurate method of time 523 stamping all incoming mail and documents hand delivered to 524 bureau employees.

525 (13) Ensure that all employees of the bureau follow the 526 orders and rules of the commission as such orders and rules 527 relate to the commission's overall adjudicatory policy-making 528 and management duties under this chapter and Chapters 4123., 529 4127., and 4131.

530 (14) Manage and operate a data processing system with a 531 common data base for the use of both the bureau and the 532 commission and, in consultation with the commission, using 533 electronic data processing equipment, shall develop a claims 534 tracking system that is sufficient to monitor the status of a 535 claim at any time and that lists appeals that have been filed 536 and orders or determinations that have been issued pursuant to 537 section 4123.511 or 4123.512 of the Revised Code, including the 538 dates of such filings and issuances.

539 (15) Establish and maintain a medical section within the 540 bureau.

541 (a) Assist the administrator in establishing standard 542 medical fees, approving medical procedures, and determining 543 eligibility and reasonableness of the compensation payments for 544 medical, hospital, and nursing services, and in establishing 545 guidelines for payment policies which recognize usual, 546 customary, and reasonable methods of payment for covered 547 services;

548 (b) Provide a resource to respond to questions from claims 549 examiners for employees of the bureau;

550(c) Am.Audit fee bill payments;

(d) Implement a program to utilize, to the maximum extent possible, electronic data processing equipment for storage of information to facilitate authorizations of compensation payments for medical, hospital, drug, and nursing services;

(e) Perform other duties assigned to it by the administrator.

(16) Appoint, as the administrator determines necessary, panels to review and advise the administrator on disputes arising over a determination that a health care service or supply provided to a claimant is not covered under this chapter or Chapter 4123., 4127., or 4131.

of the Revised Code or is medically unnecessary.

If an individual health care provider is involved in the dispute, the panel Am.

81 Page136th 20G.A. As Re-Referred by the House Rules and Reference Committee (c) Audit fee bill payments;

551shall (d)consist Implementof aindividuals programlicensed topursuant utilize, to the maximumsame extentsection 552 possible, electronic data processing equipment for storage of 553the informationRevised toCode facilitateas authorizationssuch ofhealth compensationcare 554provider. payments for medical, hospital, drug, and nursing services;

555(17) (e)Pursuant Performto othersection duties4123.65 assignedof tothe itRevised byCode, approve applications for the 556final administrator.settlement of claims for compensation or benefits under this chapter and Chapters 4123., 4127., and 4131.

557of (16)the Appoint,Revised Code as the administrator determines necessary,appropriate, 558except panelsin regard to review and advise the administratorapplications onof disputesself-insuring 559employers arisingand overtheir aemployees. determination that a health care service or 560 supply provided to a claimant is not covered under this chapter 561 or Chapter 4123., 4127., or 4131.

(18) Comply with section 3517.13 of the Revised Code, and except in regard to contracts entered into pursuant to the authority contained in section 4121.44 of the Revised Code, comply with the competitive bidding procedures set forth in the Revised Code orfor isall 562contracts medicallyinto unnecessary.which the administrator enters provided that those contracts fall within the type of contracts and dollar amounts specified in the Revised Code for competitive bidding and further provided that those contracts are not otherwise specifically exempt from the competitive bidding procedures contained in the Revised Code.

If(19) anAdopt, individualwith health care provider is 563 involved in the dispute,advice theand panelconsent shall consist of individualsthe 564board, licensedrules pursuantfor to the sameoperation section of the Revisedbureau. Code as 565 such health care provider.

566(20) (17)Prepare Pursuantand submit to sectionthe 4123.65board ofinformation the Revisedadministrator Code,considers 567pertinent approveor applicationsthe forboard requires, together with the finaladministrator's settlementrecommendations, in the form of claimsadministrative rules, for 568the compensationadvice orand benefitsconsent underof thisthe chapterboard, for the health partnership program and Chaptersthe 4123.,qualified 569health 4127.,plan system, as provided in sections 4121.44, 4121.441, and 4131.4121.442 of the Revised Code.

of(C) The administrator, with the Revisedadvice Codeand asconsent of the administratorsenate, 570shall determinesappoint appropriate,a exceptchief inoperating regardofficer towho has a minimum of five years of experience in the applicationsfield of 571workers' self-insuringcompensation employersinsurance andor theirin employees.another similar insurance industry if the administrator does not possess such experience.

572The (18)chief Complyoperating withofficer sectionshall 3517.13not ofcommence the Revisedchief Code,operating andofficer's 573duties exceptuntil inafter regardthe tosenate contractsconsents entered into pursuant to the 574chief authorityoperating containedofficer's inappointment. section 4121.44 of the Revised Code, 575 comply with the competitive bidding procedures set forth in the 576 Revised Code for all contracts into which the administrator 577 enters provided that those contracts fall within the type of 578 contracts and dollar amounts specified in the Revised Code for 579 Am.

H.The chief operating officer shall serve in the unclassified civil service of the state.

B.Sec.

No.

81 Page 21 As Re-Referred by the House Rules and Reference Committee competitive bidding and further provided that those contracts 580 are not otherwise specifically exempt from the competitive 581 bidding procedures contained in the Revised Code.

582 (19) Adopt, with the advice and consent of the board, 583 rules for the operation of the bureau.

584 (20) Prepare and submit to the board information the 585 administrator considers pertinent or the board requires, 586 together with the administrator's recommendations, in the form 587 of administrative rules, for the advice and consent of the 588 board, for the health partnership program and the qualified 589 health plan system, as provided in sections 4121.44, 4121.441, 590 and 4121.442 of the Revised Code.

591 (C) The administrator, with the advice and consent of the 592 senate, shall appoint a chief operating officer who has a 593 minimum of five years of experience in the field of workers' 594 compensation insurance or in another similar insurance industry 595 if the administrator does not possess such experience.

The chief 596 operating officer shall not commence the chief operating 597 officer's duties until after the senate consents to the chief 598 operating officer's appointment.

The chief operating officer 599 shall serve in the unclassified civil service of the state.

600 Sec.

The administrator of workers' compensation 601 shall:

602 (A) Investigate, ascertain, and declare and prescribe what 603 hours of labor, safety devices, safeguards, or other means or 604 methods of protection are best adapted to render the employees 605 of every employment and place of employment and frequenters of 606 every place of employment safe, and to protect their welfare as 607 required by law or lawful orders, and establish and maintain 608museums Am.of safety and hygiene in which shall be exhibited safety devices, safeguards, and other means and methods for the protection of life, health, safety, and welfare of employees;

(B) Ascertain and fix reasonable standards and prescribe, modify, and enforce reasonable orders for the adoption of safety devices, safeguards, and other means or methods of protection to be as nearly uniform as possible as may be necessary to carry out all laws and lawful orders relative to the protection of the life, health, safety, and welfare of employees in employments and places of employment or frequenters of places of employment;

(C) Ascertain, fix, and order reasonable standards for the construction, repair, and maintenance of places of employment as shall render them safe;

Am.

81 Page136th 22G.A. As Re-Referred by the House Rules and Reference Committee museums of safety and hygiene in which shall be exhibited safety 609 devices, safeguards, and other means and methods for the 610 protection of life, health, safety, and welfare of employees;

611(D) (B)Investigate, Ascertainascertain, and fixdetermine reasonable standardsclassifications and prescribe, 612 modify, and enforce reasonable orders for the adoption of safetypersons, 613employments, devices, safeguards, and otherplaces means or methods of protectionemployment to 614 be as nearlyare uniform as possible as may be necessary to carry 615 out all laws and lawful orders relative to the protectionapplicable ofsections the 616 life, health, safety, and welfare of employeessections in4101.01 employmentsto 6174101.16 and places4121.01 ofto employment4121.29 or frequenters of placesthe ofRevised employment;Code;

618(E) (C)Adopt Ascertain,reasonable fix,and proper rules relative to the exercise of his the administrator's powers and orderauthorities, reasonableand standardsproper forrules to govern his the 619administrator's construction,proceedings repair,and to regulate the mode and maintenancemanner of placesall ofinvestigations employmentand ashearings, 620which rules shall rendernot thembe safe;effective until ten days after their publication;

621a (D)copy Investigate, ascertain, and determine reasonable 622 classifications of persons, employments, and places of 623 employment as are necessary to carry out the applicablerules sectionsshall 624be ofdelivered sectionsat 4101.01cost to 4101.16every andcitizen 4121.01making toapplication 4121.29therefor; of the 625 Revised Code;

626(F) (E)Investigate Adoptall reasonablecases andof properfraud rulesor relativeother illegalities pertaining to the 627operation exercise of his the administrator'sworkers' powerscompensation andsystem authorities, and 628its properseveral rulesinsurance tofunds govern his the administrator's proceedings and 629for tothat regulatepurpose, the modeadministrator andhas mannerevery power of allan investigationsinquisitorial andnature 630granted hearings,to whichthe rulesindustrial shallcommission notin bethis effectivechapter untiland tenChapter days4123. 631 after their publication;

a copy of the rulesRevised shallCode; be delivered 632 at cost to every citizen making application therefor;

633(G) (F)Do Investigate all casesthings ofconvenient fraudand ornecessary other illegalities 634 pertaining to theaccomplish operation of the workers'purposes compensationdirected systemin 635sections and4101.01 itsto several4101.16 insurance funds and for4121.01 thatto purpose,4121.28 the 636 administrator has every power of anthe inquisitorialRevised natureCode; granted 637 Am.

H.(H) Nothing in this section shall be construed to supersede section 4105.011 of the Revised Code in particular, or Chapter 4105.

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No.

81 Page 23 As Re-Referred by the House Rules and Reference Committee to the industrial commission in this chapter and Chapter 4123.

638 of the Revised Code;

639 (G) Do all things convenient and necessary to accomplish 640 the purposes directed in sections 4101.01 to 4101.16 and 4121.01 641 to 4121.28 of the Revised Code;

642 (H) Nothing in this section shall be construed to 643 supersede section 4105.011 of the Revised Code in particular, or 644 Chapter 4105.

645 Sec.

4121.41.

(A) The administrator of workers' 646 compensation shall operate a program designed to inform 647 employees and employers of their rights and responsibilities 648 under Chapter 4123.

of the Revised Code and as part of that 649 program prepare and distribute pamphlets, which clearly and 650 simply explain at least all of the following:

651 (1) The rights and responsibilities of claimants and 652 employers;

653 (2) The procedures for processing claims;

654 (3) The procedure for fulfilling employer responsibility;

655 (4) All applicable statutes of limitation;

656 (5) The availability of services and benefits;

657 (6) The claimant's right to representation in the 658 processing of a claim or to elect no representation.

659 The administrator shall ensure that the provisions of this 660 section are faithfully and speedily implemented.

661 (B) The bureau of workers' compensation shall maintain an 662 ongoing program to identify employers subject to Chapter 4123.

663 of the Revised Code and to audit employers to ensure an optimum 664 Am.

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81 Page 24 As Re-Referred by the House Rules and Reference Committee level of premium payment.

The bureau shall coordinate such 665 efforts with other governmental agencies which have information 666 as to employers who are subject to Chapter 4123.

of the Revised 667 Code.

668 (C) The administrator shall handle complaints through the 669 service offices, the claims section, and the ombudsperson 670 programworkers' compensation customer advocacy office.

The 671 administrator shall provide toll free telephone lines for 672 employers and claimants in order to expedite the handling of 673 complaints.

The bureau shall monitor complaint traffic to ensure 674 an adequacy of telephone service to bureau offices and shall 675 compile statistics on complaint subjects.

Based upon those 676 compilations, the bureau shall revise procedures and rules to 677 correct major problem areas and submit data and recommendations 678 annually to the appropriate committees of the general assembly.

679 Sec.

4121.45.

(A) There is hereby created a the workers' 680 compensation ombudsperson system customer advocacy office to 681 assist claimants and employers in matters dealing with the 682 bureau of workers' compensation and the industrial commission.

683 The industrial commission nominating council shall appoint a 684 chief ombudspersoncustomer advocate.

The chief 685 ombudspersoncustomer advocate, with the advice and consent of 686 the nominating council, may appoint such assistant ombudspersons 687 advocates as the nominating council deems necessary.

The 688 position of chief ombudsperson customer advocate is for a term 689 of six years.

A person appointed to the position of chief 690 ombudsperson customer advocate shall serve at the pleasure of 691 the nominating council.

The chief ombudsperson customer advocate 692 may not be transferred, demoted, or suspended during the 693 person's tenure and may be removed by the nominating council 694 only upon a vote of not fewer than nine members of the 695 Am.

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81 Page 25 As Re-Referred by the House Rules and Reference Committee nominating council.

The chief ombudsperson customer advocate 696 shall devote the chief ombudsperson's customer advocate's full 697 time and attention to the duties of the ombudsperson's chief 698 customer advocate's office.

The administrator of workers' 699 compensation shall furnish the chief ombudsperson customer 700 advocate with the office space, supplies, and clerical 701 assistance that will enable the chief ombudsperson customer 702 advocate and the ombudsperson system customer advocacy office 703 staff to perform their duties effectively.

The ombudsperson 704 program office shall be funded out of the budget of the bureau 705 and the chief ombudsperson customer advocate and the 706 ombudsperson system customer advocacy office staff shall be 707 carried on the bureau payroll.

The chief ombudsperson customer 708 advocate and the ombudsperson system customer advocacy office 709 shall be under the direction of the nominating council.

The 710 administrator and all employees of the bureau and the commission 711 shall give the ombudsperson system customer advocacy office 712 staff full and prompt cooperation in all matters relating to the 713 duties of the chief ombudspersoncustomer advocate.

714 (B) The ombudsperson system customer advocacy office staff 715 shall:

716 (1) Answer inquiries or investigate complaints made by 717 employers or claimants under this chapter and Chapter 4123.

of 718 the Revised Code as they relate to the processing of a claim for 719 workers' compensation benefits;

720 (2) Provide claimants and employers with information 721 regarding problems which arise out of the functions of the 722 bureau, commission hearing officers, and the commission and the 723 procedures employed in the processing of claims;

724 (3) Answer inquiries or investigate complaints of an 725 Am.

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81 Page 26 As Re-Referred by the House Rules and Reference Committee employer as they relate to reserves established and premiums 726 charged in connection with the employer's account;

727 (4) Comply with Chapter 102.

and sections 2921.42 and 728 2921.43 of the Revised Code and the nominating council's human 729 resource and ethics policies;

730 (5) Not express any opinions as to the merit of a claim or 731 the correctness of a decision by the various officers or 732 agencies as the decision relates to a claim for benefits or 733 compensation.

734 For the purpose of carrying out the chief ombudsperson's 735 customer advocate's duties, the chief ombudsperson customer 736 advocate or the ombudsperson system customer advocacy office 737 staff, notwithstanding sections 4123.27 and 4123.88 of the 738 Revised Code, has the right at all reasonable times to examine 739 the contents of a claim file and discuss with parties in 740 interest the contents of the file as long as the ombudsperson 741 customer advocate does not divulge information that would tend 742 to prejudice the case of either party to a claim or that would 743 tend to compromise a privileged attorney-client relationship, 744 physician-patient relationship, or advanced practice registered 745 nurse-patient relationship.

746 (C) The chief ombudsperson customer advocate shall:

747 (1) Assist any service office in its duties whenever it 748 requires assistance or information that can best be obtained 749 from central office personnel or records;

750 (2) Annually assemble reports from each assistant 751 ombudsperson customer advocate as to their activities for the 752 preceding year together with their recommendations as to changes 753 or improvements in the operations of the workers' compensation 754 Am.

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81 Page 27 As Re-Referred by the House Rules and Reference Committee system.

The chief ombudsperson customer advocate shall prepare a 755 written report summarizing the activities of the ombudsperson 756 system customer advocacy office together with a digest of 757 recommendations.

The chief ombudsperson customer advocate shall 758 transmit the report to the nominating council.

759 (3) Comply with Chapter 102.

and sections 2921.42 and 760 2921.43 of the Revised Code and the nominating council's human 761 resource and ethics policies.

762 (D) No ombudsperson customer advocate or assistant 763 ombudsperson customer advocate shall:

764 (1) Represent a claimant or employer in claims pending 765 before or to be filed with the administrator, a district or 766 staff hearing officer, the commission, or the courts of the 767 state, nor shall an ombudsperson a customer advocate or 768 assistant ombudsperson customer advocate undertake any such 769 representation for a period of one year after the ombudsperson's 770 customer advocate's or assistant ombudsperson's customer 771 advocate's employment terminates or be eligible for employment 772 by the bureau or the commission or as a district or staff 773 hearing officer for one year;

774 (2) Express any opinions as to the merit of a claim or the 775 correctness of a decision by the various officers or agencies as 776 the decision relates to a claim for benefits or compensation.

777 (E) The chief ombudsperson customer advocate and assistant 778 ombudspersons customer advocates shall receive compensation at a 779 level established by the nominating council commensurate with 780 the individual's background, education, and experience in 781 workers' compensation or related fields.

The chief ombudsperson 782 customer advocate and assistant ombudspersons customer advocates 783 Am.

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B.

No.

81 Page 28 As Re-Referred by the House Rules and Reference Committee are full-time permanent employees in the unclassified service of 784 the state and are entitled to all benefits that accrue to such 785 employees, including, without limitation, sick, vacation, and 786 personal leaves.

Assistant ombudspersons customer advocates 787 serve at the pleasure of the chief ombudspersoncustomer 788 advocate.

789 (F) In the event of a vacancy in the position of chief 790 ombudspersoncustomer advocate, the nominating council may 791 appoint a person to serve as acting chief ombudsperson customer 792 advocate until a chief ombudsperson customer advocate is 793 appointed.

The acting chief ombudsperson customer advocate shall 794 be under the direction and control of the nominating council and 795 may be removed by the nominating council with or without just 796 cause.

797 Sec.

The members of the bureau of workers' 798 compensation board of directors, the administrator of workers' 799 compensation, and the bureau of workers' compensation chief 800 investment officer are the trustees of fiduciaries to the state 801 insurance fund.

The administrator, in accordance with sections 802 4121.126 and 4121.127 of the Revised Code and the investment 803 policy approved by the board pursuant to section 4121.12 of the 804 Revised Code, and in consultation with the bureau of workers' 805 compensation chief investment officer, may invest any of the 806 surplus or reserve belonging to the state insurance fund.

The 807 administrator and the bureau of workers' compensation chief 808 investment officer shall not deviate from the investment policy 809 approved by the board without the approval of the workers' 810 compensation investment committee and the board.

811 The administrator shall not invest in any type of 812 investment specified in divisions (B)(1) to (10) of section 8134123.442 Am.of the Revised Code.

The administrator shall not make an investment decision with the primary purpose of influencing any social or environmental policy or attempting to influence the governance of any corporation.

The administrator and other fiduciaries shall discharge their duties with respect to the funds with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims, and by diversifying the investments of the assets of the funds so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so.

The administrator and other fiduciaries, in accordance with their fiduciary duties described under this section, shall make investment decisions with the sole purpose of maximizing the return on investments and that are consistent with any other fiduciary responsibilities of the administrator Am.

81 Page136th 29G.A. As Re-Referred by the House Rules and Reference Committee 4123.442 of the Revised Code.

Theand administratorother shallfiduciaries notunder makethis 814chapter anand investmentChapters decision4121., with4127., theand primary4131. purpose of influencing 815 any social or environmental policy or attempting to influence 816 the governance of any corporation.

817 The administrator and other fiduciaries shall discharge 818 their duties with respect to the funds with the care, skill, 819 prudence, and diligence under the circumstances then prevailing 820 that a prudent person acting in a like capacity and familiar 821 with such matters would use in the conduct of an enterprise of a 822 like character and with like aims, and by diversifying the 823 investments of the assets of the funds so as to minimize the 824 risk of large losses, unless under the circumstances it is 825 clearly prudent not to do so.

826 The administrator and other fiduciaries, in accordance 827 with their fiduciary duties described under this section, shall 828 make investment decisions with the sole purpose of maximizing 829 the return on investments and that are consistent with any other 830 fiduciary responsibilities of the administrator and other 831 fiduciaries under this chapter and Chapters 4121., 4127., and 832 4131.

833 To facilitate investment of the funds, the administrator 834 may establish a partnership, trust, limited liability company, 835 corporation, including a corporation exempt from taxation under 836 the Internal Revenue Code, 100 Stat.

1, as 837 amended, or any other legal entity authorized to transact 838 business in this state.

839 When reporting on the performance of investments, the 840 administrator shall comply with the performance presentation 841 standards established by the association for investment 842 management and research.

843All Am.investments shall be purchased at current market prices and the evidences of title to the investments shall be placed in the custody of the treasurer of state, who is hereby designated as custodian, or in the custody of the treasurer of state's authorized agent.

Evidences of title of the investments so purchased may be deposited by the treasurer of state for safekeeping with an authorized agent selected by the treasurer of state who is a qualified trustee under section 135.18 of the Revised Code.

The treasurer of state or the agent shall collect the principal, dividends, distributions, and interest as they become due and payable and place them when collected into the state insurance fund.

The treasurer of state shall pay for investments purchased by the administrator on receipt of written or electronic instructions from the administrator or the administrator's designated agent authorizing the purchase, and pending receipt of the evidence of title of the investment by the treasurer of state or the treasurer of state's authorized agent.

The administrator may sell investments held by the administrator, and the treasurer of state or the treasurer of state's authorized agent shall accept payment from the purchaser and deliver evidence of title of the investment to the purchaser, on receipt of written or electronic instructions from the administrator or the administrator's designated agent authorizing the sale, and pending receipt of the moneys for the investments.

The amount received shall be placed in the state insurance fund.

The administrator and the treasurer of state may enter into agreements to establish procedures for the purchase and sale of investments under this division and the custody of the investments.

No purchase or sale of any investment shall be made under this section, except as authorized by the administrator.

Any statement of financial position distributed by the administrator shall include the fair value, as of the statement date, of all investments held by the administrator under this section.

When in the judgment of the administrator it is necessary to provide available funds for the payment of compensation or benefits under this chapter, the administrator may borrow money from any available source and pledge as security a sufficient amount of bonds or other securities in which the state insurance fund is invested.

The aggregate unpaid amount of loans existing at any one time for money so borrowed shall not exceed ten million dollars.

The bonds or other securities so pledged as security for such loans to the administrator shall be the sole security for the payment of the principal and interest of any such loan.

The administrator shall not be personally liable for the Am.

81 Page136th 30G.A. As Re-Referred by the House Rules and Reference Committee All investments shall be purchased at current market 844 prices and the evidences of title to the investments shall be 845 placed in the custody of the treasurer of state, who is hereby 846 designated as custodian, or in the custody of the treasurer of 847 state's authorized agent.

Evidencespayment of title of the investmentsprincipal 848or so purchased may be deposited by the treasurerinterest of stateany forsuch 849loan. safekeeping with an authorized agent selected by the treasurer 850 of state who is a qualified trustee under section 135.18 of the 851 Revised Code.

TheNo treasurersuch ofloan state or the agent shall collectbe 852made thefor principal,a dividends,longer distributions,period andof interesttime asthan theyone 853year. become due and payable and place them when collected into the 854 state insurance fund.

855Such Theloans treasurermay ofbe staterenewed shallbut payno forone investmentsrenewal purchasedshall 856be byfor thea administratorperiod onin receiptexcess of writtenone oryear. electronic 857 instructions from the administrator or the administrator's 858 designated agent authorizing the purchase, and pending receipt 859 of the evidence of title of the investment by the treasurer of 860 state or the treasurer of state's authorized agent.

TheSuch 861loans administratorshall maybear sellsuch investmentsrate held by the administrator, 862 and the treasurer of stateinterest oras the treasureradministrator ofdetermines state's 863 authorized agent shall accept payment from the purchaser and 864in delivernegotiating evidence of title of the investmentloans, to the purchaser, on 865 receipt of written or electronic instructions from the 866 administrator orshall theendeavor administrator'sto designatedsecure agentas 867favorable authorizinginterest therates sale, and pendingterms receiptas ofcircumstances thewill moneyspermit. for the 868 investments.

The amounttreasurer receivedof shallstate may deliver to the person or governmental agency making such loan, the bonds or other securities which are to be placedpledged inby the administrator as security for such loan, upon receipt by the treasurer of state 869of insurancean fund.order of the administrator authorizing such loan.

TheUpon administratorpayment andof theany treasurersuch ofloan stateby maythe 870administrator, enterthe intobonds agreementsor toother establishsecurities procedurespledged foras thesecurity purchasetherefor 871shall andbe salereturned ofto investmentsthe undertreasurer thisof divisionstate andas thecustodian custody of 872such thebonds. investments.

873The Noadministrator purchasemay orpledge salewith the treasurer of state such amount of bonds or other securities in which the state insurance fund is invested as is reasonably necessary as security for any investmentcertificates shallissued, beor madepaid underout, 874by Am.the treasurer of state upon any warrants drawn by the administrator.

H.The administrator may secure investment information services, consulting services, and other like services to facilitate investment of the surplus and reserve belonging to the state insurance fund.

B.The administrator shall pay the expense of securing such services from the state insurance fund.

No.The board and administrator shall not take any action to promote a policy under which the administrator makes investment decisions with the primary purpose of influencing any social or environmental policy or attempting to influence the governance of any corporation.

81Sec. Page 31 As Re-Referred by the House Rules and Reference Committee this section, except as authorized by the administrator.

875 Any statement of financial position distributed by the 876 administrator shall include the fair value, as of the statement 877 date, of all investments held by the administrator under this 878 section.

879 When in the judgment of the administrator it is necessary 880 to provide available funds for the payment of compensation or 881 benefits under this chapter, the administrator may borrow money 882 from any available source and pledge as security a sufficient 883 amount of bonds or other securities in which the state insurance 884 fund is invested.

The aggregate unpaid amount of loans existing 885 at any one time for money so borrowed shall not exceed ten 886 million dollars.

The bonds or other securities so pledged as 887 security for such loans to the administrator shall be the sole 888 security for the payment of the principal and interest of any 889 such loan.

The administrator shall not be personally liable for 890 the payment of the principal or the interest of any such loan.

891 No such loan shall be made for a longer period of time than one 892 year.

Such loans may be renewed but no one renewal shall be for 893 a period in excess of one year.

Such loans shall bear such rate 894 of interest as the administrator determines and in negotiating 895 the loans, the administrator shall endeavor to secure as 896 favorable interest rates and terms as circumstances will permit.

897 The treasurer of state may deliver to the person or 898 governmental agency making such loan, the bonds or other 899 securities which are to be pledged by the administrator as 900 security for such loan, upon receipt by the treasurer of state 901 of an order of the administrator authorizing such loan.

Upon 902 payment of any such loan by the administrator, the bonds or 903 other securities pledged as security therefor shall be returned 904 Am.

H.

B.

No.

81 Page 32 As Re-Referred by the House Rules and Reference Committee to the treasurer of state as custodian of such bonds.

905 The administrator may pledge with the treasurer of state 906 such amount of bonds or other securities in which the state 907 insurance fund is invested as is reasonably necessary as 908 security for any certificates issued, or paid out, by the 909 treasurer of state upon any warrants drawn by the administrator.

910 The administrator may secure investment information 911 services, consulting services, and other like services to 912 facilitate investment of the surplus and reserve belonging to 913 the state insurance fund.

The administrator shall pay the 914 expense of securing such services from the state insurance fund.

915 The board and administrator shall not take any action to 916 promote a policy under which the administrator makes investment 917 decisions with the primary purpose of influencing any social or 918 environmental policy or attempting to influence the governance 919 of any corporation.

920 Sec.

(A) The jurisdiction of the industrial 921 commission and the authority of the administrator of workers' 922 compensation over each case is continuing, and the commission 923 may make such modification or change with respect to former 924 findings or orders with respect thereto, as, in its opinion is 925 justified.

No modification or change nor any finding or award in 926 respect of any claim shall be made with respect to disability, 927 compensation, dependency, or benefits, after five years from the 928 date of injury in the absence of medical benefits being provided 929 under this chapter or in the absence of payment of compensation 930 under section 4123.57, 4123.58, or division (A) or (B) of 931 section 4123.56 of the Revised Code or wages in lieu of 932 compensation in a manner so as to satisfy the requirements of 933 section 4123.84 of the Revised Code, in which event the 934modification, Am.change, finding, or award shall be made within five years from the date of the last medical services being rendered or the date of the last payment of compensation or from the date of death, nor unless written notice of claim for the specific part or parts of the body injured or disabled has been given as provided in section 4123.84 or 4123.85 of the Revised Code.

The commission shall not make any modification, change, finding, or award which shall award compensation for a back period in excess of two years prior to the date of filing application therefor.

(B)(B)(1) As used in this division, "prosthetic device" means a custom fabricated or fitted device used to replace a missing appendage or other external body part.

"Prosthetic device" includes Am.

81 Page136th 33G.A. As Re-Referred by the House Rules and Reference Committee modification, change, finding, or award shall be made within 935 five years from the date of the last medical services being 936 rendered or the date of the last payment of compensation or from 937 the date of death, nor unless written notice of claim for the 938 specific part or parts of the body injured or disabled has been 939 given as provided in section 4123.84 or 4123.85 of the Revised 940 Code.

Thean commissionartificial shalllimb, nothand, makefoot, anyor modification,eye change, 941 finding, or awardan whichintraocular shalllens. award compensation for a back 942 period in excess of two years prior to the date of filing 943 application therefor.

944"Prosthetic (B)(B)(1)device" Asdoes usednot ininclude thisa division,dental "prostheticappliance, device"eyeglasses, 945hearing meansaid, aostomy customproduct, fabricated or fittedany deviceother useditem tothat replacedoes not have a 946significant missingimpact appendageon orthe othermusculoskeletal externalfunctions of the body part.such as breast prostheses, eyelashes, wigs, and other cosmetic devices.

"Prosthetic(2) 947Notwithstanding device"any includesprovision anto artificialthe limb,contrary hand,in foot,division (A) of this section, the commission or eyeadministrator may, regardless of the date of injury or the last payment of compensation or benefits, order payment to purchase, repair, or replace a prosthetic device if the purchase, repair, or replacement is necessary due to an 948amputation intraocularor lens.loss that resulted from an allowed injury or occupational disease.

"Prosthetic(3) device"Ordering doesa notpayment includeunder adivision dental(B)(2) 949of appliance,this eyeglasses,section hearingdoes aid,not ostomyextend product,the ortime anyperiod otherduring 950which itemthe thatcommission doesor notadministrator havemay amodify significantor impactchange ona theformer 951finding musculoskeletalor functionsorder ofin thea bodyclaim such as breastprovided prostheses,under 952division eyelashes,(A) wigs,of andthis othersection. cosmetic devices.

953(C) (2) Notwithstanding anydivision provision(A) toof thethis contrarysection, and except as otherwise provided in 954a divisionrule (A)that ofshall thisbe section,adopted by the commissionadministrator, orwith administratorthe 955advice may,and regardlessconsent of the datebureau of injuryworkers' orcompensation board of directors, neither the lastadministrator paymentnor ofthe 956commission compensationshall make any finding or benefits,award orderfor payment toof purchase,medical repair, or 957vocational replacerehabilitation aservices prostheticsubmitted devicefor ifpayment more than one year after the purchase,date repair,the services were rendered or 958more replacementthan isone necessaryyear dueafter tothe andate amputationthe orservices lossbecame thatpayable 959under resulteddivision from(I) anof allowedsection injury4123.511 orof occupationalthe disease.Revised Code, whichever is later.

960No (3)medical Orderingor avocational paymentrehabilitation underprovider divisionshall (B)(2)bill ofa thisclaimant 961for sectionservices doesrendered notif extend the time period during which the 962 commission or administrator may modify or changecommission ais formerprohibited 963from findingmaking orthat orderpayment in a claim as provided under divisionthis (A)division. of 964 Am.

(C)(D) Division (B)(C) of this section does not apply to requests made by the centers for medicare and medicaid services in the United States department of health and human services for reimbursement of conditional payments made pursuant to section 1395y(b)(2) of title 42, United States Code (commonly known as the "Medicare Secondary Payer Act").

(D)(E) This section does not affect the right of a claimant to compensation accruing subsequent to the filing of any such application, provided the application is filed within the time limit provided in this section.

(E)(F) This section does not deprive the commission of its continuing jurisdiction to determine the questions raised by any application for modification of award which has been filed with the commission after June 1, 1932, and prior to the expiration of the applicable period but in respect to which no award has been granted or denied during the applicable period.

(F)(G) The commission may, by general rules, provide for the destruction of files of cases in which no further action may be taken.

(G)(H) The commission and administrator of workers' compensation each may, by general rules, provide for the retention and destruction of all other records in their possession or under their control pursuant to section 121.211 and sections 149.34 to 149.36 of the Revised Code.

The bureau of workers' compensation may purchase or rent required equipment for the document retention media, as determined necessary to preserve the records.

Photographs, microphotographs, microfilm, Am.

81 Page136th 34G.A. As Re-Referred by the House Rules and Reference Committee this section.

965films, (C)or Notwithstandingother divisiondirect (A)or ofelectronic thisdocument section,retention andmedia, 966when exceptproperly asidentified, otherwisehave providedthe insame aeffect ruleas that shall be adopted by 967 the administrator,original withrecord the advice and consentmay ofbe theoffered bureauin oflike 968manner workers'and compensationmay boardbe ofreceived directors,as neitherevidence thein 969proceedings administratorbefore nor the commissionindustrial shallcommission, makestaff anyhearing findingofficers, orand awarddistrict 970hearing forofficers, paymentand ofin medicalany orcourt vocationalwhere rehabilitation services 971 submitted for payment more than one year after the dateoriginal therecord 972could serviceshave werebeen renderedintroduced. or more than one year after the date the 973 services became payable under division (I) of section 4123.511 974 of the Revised Code, whichever is later.

NoSec. medical or 975 vocational rehabilitation provider shall bill a claimant for 976 services rendered if the administrator or commission is 977 prohibited from making that payment under this division.

978 (C)(D) Division (B)(C) of this section does not apply to 979 requests made by the centers for medicare and medicaid services 980 in the United States department of health and human services for 981 reimbursement of conditional payments made pursuant to section 982 1395y(b)(2) of title 42, United States Code (commonly known as 983 the "Medicare Secondary Payer Act").

984 (D)(E) This section does not affect the right of a 985 claimant to compensation accruing subsequent to the filing of 986 any such application, provided the application is filed within 987 the time limit provided in this section.

988 (E)(F) This section does not deprive the commission of its 989 continuing jurisdiction to determine the questions raised by any 990 application for modification of award which has been filed with 991 the commission after June 1, 1932, and prior to the expiration 992 of the applicable period but in respect to which no award has 993 been granted or denied during the applicable period.

994 Am.

H.

B.

No.

81 Page 35 As Re-Referred by the House Rules and Reference Committee (F)(G) The commission may, by general rules, provide for 995 the destruction of files of cases in which no further action may 996 be taken.

997 (G)(H) The commission and administrator of workers' 998 compensation each may, by general rules, provide for the 999 retention and destruction of all other records in their 1000 possession or under their control pursuant to section 121.211 1001 and sections 149.34 to 149.36 of the Revised Code.

The bureau of 1002 workers' compensation may purchase or rent required equipment 1003 for the document retention media, as determined necessary to 1004 preserve the records.

Photographs, microphotographs, microfilm, 1005 films, or other direct or electronic document retention media, 1006 when properly identified, have the same effect as the original 1007 record and may be offered in like manner and may be received as 1008 evidence in proceedings before the industrial commission, staff 1009 hearing officers, and district hearing officers, and in any 1010 court where the original record could have been introduced.

1011 Sec.

(A) Except as otherwise provided in this 1012 division or divisions (I) and (K) of this section, every 1013 employee, who is injured or who contracts an occupational 1014 disease, and the dependents of each employee who is killed, or 1015 dies as the result of an occupational disease contracted in the 1016 course of employment, wherever the injury has occurred or 1017 occupational disease has been contracted, is entitled to receive 1018 the compensation for loss sustained on account of the injury, 1019 occupational disease, or death, and the medical, nurse, and 1020 hospital services and medicines, and the amount of funeral 1021 expenses in case of death, as are provided by this chapter.

The 1022 compensation and benefits shall be provided, as applicable, 1023 directly from the employee's self-insuringself- insuring employer as provided 1024 in section 4123.35 of the Revised Code or from the state 1025insurance Am.fund.

An employee or dependent is not entitled to receive compensation or benefits under this division if the employee's injury or occupational disease is either of the following:

(1) Purposely self-inflicted;

(2) Caused by the employee being intoxicated, under the influence of a controlled substance not prescribed by a physician, certified nurse-midwife, clinical nurse specialist, or certified nurse practitioner, or under the influence of marihuana if being intoxicated, under the influence of a controlled substance not prescribed by a physician, certified nurse-midwife, clinical nurse specialist, or certified nurse practitioner, or under the influence of marihuana was the proximate cause of the injury.

(B) For the purpose of this section, provided that an employer has posted written notice to employees that the results of, or the employee's refusal to submit to, any chemical test described under this division may affect the employee's eligibility for compensation and benefits pursuant to this chapter and Chapter 4121.

of the Revised Code, there is a rebuttable presumption that an employee is intoxicated, under the influence of a controlled substance not prescribed by the employee's physician, certified nurse-midwife, clinical nurse specialist, or certified nurse practitioner, or under the influence of marihuana and that being intoxicated, under the influence of a controlled substance not prescribed by the employee's physician, certified nurse-midwife, clinical nurse specialist, or certified nurse practitioner, or under the influence of marihuana is the proximate cause of an injury under either of the following conditions: