Governor Signs Bill Coordinating 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 primarily concerned with coordinating workers’ compensation coverage between Ohio and other states.
The bill includes 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 to calculate “other states” coverage premiums;
- 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 benefits 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 benefits under the workers’ compensation laws of another state for this claim, and I will not file and have not filed 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.”