| The following
information is provided courtesy of the Ohio Workers'
Compensation Bulletin. For information about the Bulletin
click
here.
Governor Signs Bill Coordinating Ohio
Workers’ Compensation Coverage with Other States
On June 11,
2008, Governor Strickland signed Am. Sub. S.B. 334. This bill will
become effective on September 11, 2008. Am. Sub. S.B. 334 is a bill
which is primarily concerned with coordinating workers’
compensation coverage between Ohio and other states.
Among the provisions of the bill are changes to the following sections of the Revised Code:
- R.C. § 4123.01
adds situations where an employee of another state injured in this
state may be covered by Ohio’s workers’ compensation law;
- R.C. § 4123.26 indicates information that an employer who elects to provide “other states” coverage must provide to the BWC;
- R.C. § 4123.29
sets forth how the employer’s workers’ compensation premium
is affected when it provides “other states” workers’
compensation insurance;
- R.C. § 4123.292
permits an employer to obtain “other states” coverage for
injuries in other states, also permits the BWC to offer “other
states” coverage for injuries in other states and provides for
how “other states” coverage premiums are to be calculated;
- R.C. § 4123.34 permits the administrator to make discretionary charges to the surplus fund;
- R.C. § 4123.51 provides that the BWC must add language to the claim form in bold font that states:
By signing this form, I elect to only receive compensation, benefits, or both that are provided for in this
claim under Ohio’s workers’ compensation laws. I understand
and I hereby waive and release my right to receive compensation and
benefi ts under the workers’ compensation laws of another state
for the injury or occupational disease, or the death resulting from an
injury or occupational disease, for which I am filing this claim. I
have not received compensation and benefi ts under the workers’
compensation laws of another state for this claim, and I will not fi le
and have not fi led a claim in another state for the injury or
occupational disease or death resulting from an injury or occupational
disease for which I am filing this claim;
- R.C. § 4123.54
coordinates benefits received under the Ohio workers’
compensation law with benefits received under other states’
workers’ compensation laws, provides that a worker cannot
receive benefits for an injury under the laws of Ohio and the laws of
another state, and provides a credit to employers for benefits paid
under the workers’ compensation laws of another state;
- R.C. § 4123.542
provides that if an employee receives a final decision on a
workers’ compensation claim in one state, they shall not then
file a workers’ compensation claim in another state;
- R.C. § 4123.82 permits other insurers to provide “other states” insurance as provided by R.C. § 4123.292;
- R.C. § 4123.88
indicates that it applies to public records requests from an individual
“whose primary occupation is as a journalist.”
To view the text of Am. Sub. S.B. 334, click here.
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