Bill Title: To make peace officers, firefighters, and emergency medical workers diagnosed with post-traumatic stress disorder arising from employment without an accompanying physical injury eligible for compensation and benefits under Ohio's Workers' Compensation Law.
Spectrum: Slight Partisan Bill (Republican 16-7)
Status: (Engrossed - Dead) 2014-06-04 - Passed 3rd Consideration House
[SB252 Detail]Download: Ohio-2013-SB252-Engrossed.html
As Passed by the Senate
| 130th General Assembly | | Regular Session | | 2013-2014 |
| |
Cosponsors:
Senators Hughes, Turner, Schiavoni, Kearney, LaRose, Gardner, Sawyer, Tavares, Bacon, Balderson, Eklund, Faber, Gentile, Hite, Jones, Lehner, Manning, Obhof, Oelslager, Uecker, Widener
A BILL
| To amend sections 4123.01, 4123.026, and 4123.46 of | 1 |
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the Revised Code to make peace officers, | 2 |
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firefighters, and emergency medical workers | 3 |
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diagnosed with post-traumatic stress disorder | 4 |
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arising from employment without an accompanying | 5 |
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physical injury eligible for compensation and | 6 |
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benefits under Ohio's Workers' Compensation Law. | 7 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That sections 4123.01, 4123.026, and 4123.46 of | 8 |
|
the Revised Code be amended to read as follows: | 9 |
| Sec. 4123.01. As used in this chapter: | 10 |
| (A)(1) "Employee" means: | 11 |
| (a) Every person in the service of the state, or of any | 12 |
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county, municipal corporation, township, or school district | 13 |
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therein, including regular members of lawfully constituted police | 14 |
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and fire departments of municipal corporations and townships, | 15 |
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whether paid or volunteer, and wherever serving within the state | 16 |
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or on temporary assignment outside thereof, and executive officers | 17 |
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of boards of education, under any appointment or contract of hire, | 18 |
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express or implied, oral or written, including any elected | 19 |
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official of the state, or of any county, municipal corporation, or | 20 |
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township, or members of boards of education. | 21 |
| As used in division (A)(1)(a) of this section, the term | 22 |
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"employee" includes the following persons when responding to an | 23 |
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inherently dangerous situation that calls for an immediate | 24 |
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response on the part of the person, regardless of whether the | 25 |
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person is within the limits of the jurisdiction of the person's | 26 |
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regular employment or voluntary service when responding, on the | 27 |
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condition that the person responds to the situation as the person | 28 |
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otherwise would if the person were on duty in the person's | 29 |
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jurisdiction: | 30 |
(i) Off-duty peace officers. As used in division (A)(1)(a)(i) | 31 |
of this section, "peace officer" has the same meaning as in | 32 |
section 2935.01 of the Revised Code.; | 33 |
(ii) Off-duty firefighters, whether paid or volunteer, of a | 34 |
lawfully constituted fire department.; | 35 |
(iii) Off-duty first responders, emergency medical | 36 |
technicians-basic, emergency medical technicians-intermediate, or | 37 |
emergency medical technicians-paramedic, whether paid or | 38 |
volunteer,emergency medical workers of an ambulance service | 39 |
organization or emergency medical service organization pursuant to | 40 |
Chapter 4765. of the Revised Code. | 41 |
| (b) Every person in the service of any person, firm, or | 42 |
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private corporation, including any public service corporation, | 43 |
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that (i) employs one or more persons regularly in the same | 44 |
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business or in or about the same establishment under any contract | 45 |
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of hire, express or implied, oral or written, including aliens and | 46 |
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minors, household workers who earn one hundred sixty dollars or | 47 |
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more in cash in any calendar quarter from a single household and | 48 |
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casual workers who earn one hundred sixty dollars or more in cash | 49 |
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in any calendar quarter from a single employer, or (ii) is bound | 50 |
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by any such contract of hire or by any other written contract, to | 51 |
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pay into the state insurance fund the premiums provided by this | 52 |
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chapter. | 53 |
| (c) Every person who performs labor or provides services | 54 |
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pursuant to a construction contract, as defined in section 4123.79 | 55 |
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of the Revised Code, if at least ten of the following criteria | 56 |
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apply: | 57 |
| (i) The person is required to comply with instructions from | 58 |
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the other contracting party regarding the manner or method of | 59 |
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performing services; | 60 |
| (ii) The person is required by the other contracting party to | 61 |
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have particular training; | 62 |
| (iii) The person's services are integrated into the regular | 63 |
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functioning of the other contracting party; | 64 |
| (iv) The person is required to perform the work personally; | 65 |
| (v) The person is hired, supervised, or paid by the other | 66 |
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contracting party; | 67 |
| (vi) A continuing relationship exists between the person and | 68 |
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the other contracting party that contemplates continuing or | 69 |
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recurring work even if the work is not full time; | 70 |
| (vii) The person's hours of work are established by the other | 71 |
|
contracting party; | 72 |
| (viii) The person is required to devote full time to the | 73 |
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business of the other contracting party; | 74 |
| (ix) The person is required to perform the work on the | 75 |
|
premises of the other contracting party; | 76 |
| (x) The person is required to follow the order of work set by | 77 |
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the other contracting party; | 78 |
| (xi) The person is required to make oral or written reports | 79 |
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of progress to the other contracting party; | 80 |
| (xii) The person is paid for services on a regular basis such | 81 |
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as hourly, weekly, or monthly; | 82 |
| (xiii) The person's expenses are paid for by the other | 83 |
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contracting party; | 84 |
| (xiv) The person's tools and materials are furnished by the | 85 |
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other contracting party; | 86 |
| (xv) The person is provided with the facilities used to | 87 |
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perform services; | 88 |
| (xvi) The person does not realize a profit or suffer a loss | 89 |
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as a result of the services provided; | 90 |
| (xvii) The person is not performing services for a number of | 91 |
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employers at the same time; | 92 |
| (xviii) The person does not make the same services available | 93 |
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to the general public; | 94 |
| (xix) The other contracting party has a right to discharge | 95 |
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the person; | 96 |
| (xx) The person has the right to end the relationship with | 97 |
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the other contracting party without incurring liability pursuant | 98 |
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to an employment contract or agreement. | 99 |
| Every person in the service of any independent contractor or | 100 |
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subcontractor who has failed to pay into the state insurance fund | 101 |
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the amount of premium determined and fixed by the administrator of | 102 |
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workers' compensation for the person's employment or occupation or | 103 |
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if a self-insuring employer has failed to pay compensation and | 104 |
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benefits directly to the employer's injured and to the dependents | 105 |
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of the employer's killed employees as required by section 4123.35 | 106 |
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of the Revised Code, shall be considered as the employee of the | 107 |
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person who has entered into a contract, whether written or verbal, | 108 |
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with such independent contractor unless such employees or their | 109 |
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legal representatives or beneficiaries elect, after injury or | 110 |
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death, to regard such independent contractor as the employer. | 111 |
| (d) Every person to whom all of the following apply: | 112 |
| (i) The person is a resident of a state other than this state | 113 |
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and is covered by that other state's workers' compensation law; | 114 |
| (ii) The person performs labor or provides services for that | 115 |
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person's employer while temporarily within this state; | 116 |
| (iii) The laws of that other state do not include the | 117 |
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provisions described in division (H)(4) of section 4123.54 of the | 118 |
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Revised Code. | 119 |
| (2) "Employee" does not mean: | 120 |
| (a) A duly ordained, commissioned, or licensed minister or | 121 |
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assistant or associate minister of a church in the exercise of | 122 |
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ministry; | 123 |
| (b) Any officer of a family farm corporation; | 124 |
| (c) An individual incorporated as a corporation; or | 125 |
| (d) An individual who otherwise is an employee of an employer | 126 |
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but who signs the waiver and affidavit specified in section | 127 |
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4123.15 of the Revised Code on the condition that the | 128 |
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administrator has granted a waiver and exception to the | 129 |
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individual's employer under section 4123.15 of the Revised Code. | 130 |
| Any employer may elect to include as an "employee" within | 131 |
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this chapter, any person excluded from the definition of | 132 |
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"employee" pursuant to division (A)(2) of this section. If an | 133 |
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employer is a partnership, sole proprietorship, individual | 134 |
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incorporated as a corporation, or family farm corporation, such | 135 |
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employer may elect to include as an "employee" within this | 136 |
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chapter, any member of such partnership, the owner of the sole | 137 |
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proprietorship, the individual incorporated as a corporation, or | 138 |
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the officers of the family farm corporation. In the event of an | 139 |
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election, the employer shall serve upon the bureau of workers' | 140 |
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compensation written notice naming the persons to be covered, | 141 |
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include such employee's remuneration for premium purposes in all | 142 |
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future payroll reports, and no person excluded from the definition | 143 |
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of "employee" pursuant to division (A)(2) of this section, | 144 |
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proprietor, individual incorporated as a corporation, or partner | 145 |
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shall be deemed an employee within this division until the | 146 |
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employer has served such notice. | 147 |
| For informational purposes only, the bureau shall prescribe | 148 |
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such language as it considers appropriate, on such of its forms as | 149 |
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it considers appropriate, to advise employers of their right to | 150 |
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elect to include as an "employee" within this chapter a sole | 151 |
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proprietor, any member of a partnership, an individual | 152 |
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incorporated as a corporation, the officers of a family farm | 153 |
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corporation, or a person excluded from the definition of | 154 |
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"employee" under division (A)(2) of this section, that they should | 155 |
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check any health and disability insurance policy, or other form of | 156 |
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health and disability plan or contract, presently covering them, | 157 |
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or the purchase of which they may be considering, to determine | 158 |
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whether such policy, plan, or contract excludes benefits for | 159 |
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illness or injury that they might have elected to have covered by | 160 |
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workers' compensation. | 161 |
| (1) The state, including state hospitals, each county, | 163 |
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municipal corporation, township, school district, and hospital | 164 |
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owned by a political subdivision or subdivisions other than the | 165 |
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state; | 166 |
| (2) Every person, firm, professional employer organization as | 167 |
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defined in section 4125.01 of the Revised Code, and private | 168 |
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corporation, including any public service corporation, that (a) | 169 |
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has in service one or more employees or shared employees regularly | 170 |
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in the same business or in or about the same establishment under | 171 |
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any contract of hire, express or implied, oral or written, or (b) | 172 |
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is bound by any such contract of hire or by any other written | 173 |
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contract, to pay into the insurance fund the premiums provided by | 174 |
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this chapter. | 175 |
| All such employers are subject to this chapter. Any member of | 176 |
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a firm or association, who regularly performs manual labor in or | 177 |
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about a mine, factory, or other establishment, including a | 178 |
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household establishment, shall be considered an employee in | 179 |
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determining whether such person, firm, or private corporation, or | 180 |
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public service corporation, has in its service, one or more | 181 |
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employees and the employer shall report the income derived from | 182 |
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such labor to the bureau as part of the payroll of such employer, | 183 |
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and such member shall thereupon be entitled to all the benefits of | 184 |
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an employee. | 185 |
| (C) "Injury" includes any injury, whether caused by external | 186 |
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accidental means or accidental in character and result, received | 187 |
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in the course of, and arising out of, the injured employee's | 188 |
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employment. "Injury" does not include: | 189 |
(1) Psychiatric conditions except whereas follows: | 190 |
| (a) Where the claimant's psychiatric conditions have arisen | 191 |
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from an injury or occupational disease sustained by that claimant | 192 |
or where; | 193 |
| (b) Where the claimant's psychiatric conditions have arisen | 194 |
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from sexual conduct in which the claimant was forced by threat of | 195 |
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physical harm to engage or participate; | 196 |
| (c) Where the claimant is a peace officer, firefighter, or | 197 |
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emergency medical worker and is diagnosed with post-traumatic | 198 |
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stress disorder that has arisen from the claimant's employment as | 199 |
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a peace officer, firefighter, or emergency medical worker. | 200 |
| (2) Injury or disability caused primarily by the natural | 201 |
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deterioration of tissue, an organ, or part of the body; | 202 |
| (3) Injury or disability incurred in voluntary participation | 203 |
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in an employer-sponsored recreation or fitness activity if the | 204 |
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employee signs a waiver of the employee's right to compensation or | 205 |
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benefits under this chapter prior to engaging in the recreation or | 206 |
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fitness activity; | 207 |
| (4) A condition that pre-existed an injury unless that | 208 |
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pre-existing condition is substantially aggravated by the injury. | 209 |
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Such a substantial aggravation must be documented by objective | 210 |
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diagnostic findings, objective clinical findings, or objective | 211 |
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test results. Subjective complaints may be evidence of such a | 212 |
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substantial aggravation. However, subjective complaints without | 213 |
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objective diagnostic findings, objective clinical findings, or | 214 |
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objective test results are insufficient to substantiate a | 215 |
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substantial aggravation. | 216 |
| (D) "Child" includes a posthumous child and a child legally | 217 |
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adopted prior to the injury. | 218 |
| (E) "Family farm corporation" means a corporation founded for | 219 |
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the purpose of farming agricultural land in which the majority of | 220 |
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the voting stock is held by and the majority of the stockholders | 221 |
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are persons or the spouse of persons related to each other within | 222 |
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the fourth degree of kinship, according to the rules of the civil | 223 |
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law, and at least one of the related persons is residing on or | 224 |
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actively operating the farm, and none of whose stockholders are a | 225 |
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corporation. A family farm corporation does not cease to qualify | 226 |
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under this division where, by reason of any devise, bequest, or | 227 |
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the operation of the laws of descent or distribution, the | 228 |
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ownership of shares of voting stock is transferred to another | 229 |
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person, as long as that person is within the degree of kinship | 230 |
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stipulated in this division. | 231 |
| (F) "Occupational disease" means a disease contracted in the | 232 |
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course of employment, which by its causes and the characteristics | 233 |
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of its manifestation or the condition of the employment results in | 234 |
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a hazard which distinguishes the employment in character from | 235 |
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employment generally, and the employment creates a risk of | 236 |
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contracting the disease in greater degree and in a different | 237 |
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manner from the public in general. | 238 |
| (G) "Self-insuring employer" means an employer who is granted | 239 |
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the privilege of paying compensation and benefits directly under | 240 |
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section 4123.35 of the Revised Code, including a board of county | 241 |
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commissioners for the sole purpose of constructing a sports | 242 |
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facility as defined in section 307.696 of the Revised Code, | 243 |
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provided that the electors of the county in which the sports | 244 |
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facility is to be built have approved construction of a sports | 245 |
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facility by ballot election no later than November 6, 1997. | 246 |
| (H) "Public employer" means an employer as defined in | 247 |
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division (B)(1) of this section. | 248 |
| (I) "Sexual conduct" means vaginal intercourse between a male | 249 |
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and female; anal intercourse, fellatio, and cunnilingus between | 250 |
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persons regardless of gender; and, without privilege to do so, the | 251 |
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insertion, however slight, of any part of the body or any | 252 |
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instrument, apparatus, or other object into the vaginal or anal | 253 |
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cavity of another. Penetration, however slight, is sufficient to | 254 |
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complete vaginal or anal intercourse. | 255 |
| (J) "Other-states' insurer" means an insurance company that | 256 |
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is authorized to provide workers' compensation insurance coverage | 257 |
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in any of the states that permit employers to obtain insurance for | 258 |
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workers' compensation claims through insurance companies. | 259 |
| (K) "Other-states' coverage" means insurance coverage | 260 |
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purchased by an employer for workers' compensation claims that | 261 |
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arise in a state or states other than this state and that are | 262 |
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filed by the employees of the employer or those employee's | 263 |
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dependents, as applicable, in that other state or those other | 264 |
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states. | 265 |
| (L) "Peace officer" has the same meaning as in section | 266 |
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2935.01 of the Revised Code. | 267 |
| (M) "Firefighter" means a firefighter, whether paid or | 268 |
|
volunteer, of a lawfully constituted fire department. | 269 |
| (N) "Emergency medical worker" means a first responder, | 270 |
|
emergency medical technician-basic, emergency medical | 271 |
|
technician-intermediate, or emergency medical | 272 |
|
technician-paramedic, certified under Chapter 4765. of the Revised | 273 |
|
Code, whether paid or volunteer. | 274 |
Sec. 4123.026. (A) The administrator of workers' | 275 |
|
compensation, or a self-insuring public employer for the peace | 276 |
|
officers, firefighters, and emergency medical workers employed by | 277 |
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or volunteering for that self-insuring public employer, shall pay | 278 |
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the costs of conducting post-exposure medical diagnostic services, | 279 |
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consistent with the standards of medical care existing at the time | 280 |
|
of the exposure, to investigate whether an injury or occupational | 281 |
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disease was sustained by a peace officer, firefighter, or | 282 |
|
emergency medical worker when coming into contact with the blood | 283 |
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or other body fluid of another person in the course of and arising | 284 |
|
out of the peace officer's, firefighter's, or emergency medical | 285 |
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worker's employment, or when responding to an inherently dangerous | 286 |
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situation in the manner described in, and in accordance with the | 287 |
|
conditions specified under, division (A)(1)(a) of section 4123.01 | 288 |
|
of the Revised Code, through any of the following means: | 289 |
(1)(A) Splash or spatter in the eye or mouth, including when | 290 |
|
received in the course of conducting mouth-to-mouth resuscitation; | 291 |
(2)(B) A puncture in the skin; | 292 |
(3)(C) A cut in the skin or another opening in the skin such | 293 |
|
as an open sore, wound, lesion, abrasion, or ulcer. | 294 |
(B) As used in this section: | 295 |
(1) "Peace officer" has the same meaning as in section | 296 |
2935.01 of the Revised Code. | 297 |
(2) "Firefighter" means a firefighter, whether paid or | 298 |
volunteer, of a lawfully constituted fire department. | 299 |
(3) "Emergency medical worker" means a first responder, | 300 |
emergency medical technician-basic, emergency medical | 301 |
technician-intermediate, or emergency medical | 302 |
technician-paramedic, certified under Chapter 4765. of the Revised | 303 |
Code, whether paid or volunteer. | 304 |
| Sec. 4123.46. (A)(1) Except as provided in division (A)(2) | 305 |
|
of this section, the bureau of workers' compensation shall | 306 |
|
disburse the state insurance fund to employees of employers who | 307 |
|
have paid into the fund the premiums applicable to the classes to | 308 |
|
which they belong when the employees have been injured in the | 309 |
|
course of their employment, wherever the injuries have occurred, | 310 |
|
and provided the injuries have not been purposely self-inflicted, | 311 |
|
or to the dependents of the employees in case death has ensued. | 312 |
| (2) As long as injuries have not been purposely | 313 |
|
self-inflicted, the bureau shall disburse the surplus fund created | 314 |
|
under section 4123.34 of the Revised Code to off-duty peace | 315 |
officers, firefighters, and emergency medical technicians, and | 316 |
first respondersworkers, or to their dependents if death ensues, | 317 |
|
who are injured while responding to inherently dangerous | 318 |
|
situations that call for an immediate response on the part of the | 319 |
|
person, regardless of whether the person was within the limits of | 320 |
|
the person's jurisdiction when responding, on the condition that | 321 |
|
the person responds to the situation as the person otherwise would | 322 |
|
if the person were on duty in the person's jurisdiction. | 323 |
| As used in division (A)(2) of this section, "peace officer," | 324 |
"firefighter," and "emergency medical technician," "first | 325 |
responderworker," and "jurisdiction" have the same meanings as in | 326 |
|
section 4123.01 of the Revised Code. | 327 |
| (B) All self-insuring employers, in compliance with this | 328 |
|
chapter, shall pay the compensation to injured employees, or to | 329 |
|
the dependents of employees who have been killed in the course of | 330 |
|
their employment, unless the injury or death of the employee was | 331 |
|
purposely self-inflicted, and shall furnish the medical, surgical, | 332 |
|
nurse, and hospital care and attention or funeral expenses as | 333 |
|
would have been paid and furnished by virtue of this chapter under | 334 |
|
a similar state of facts by the bureau out of the state insurance | 335 |
|
fund if the employer had paid the premium into the fund. | 336 |
| If any rule or regulation of a self-insuring employer | 337 |
|
provides for or authorizes the payment of greater compensation or | 338 |
|
more complete or extended medical care, nursing, surgical, and | 339 |
|
hospital attention, or funeral expenses to the injured employees, | 340 |
|
or to the dependents of the employees as may be killed, the | 341 |
|
employer shall pay to the employees, or to the dependents of | 342 |
|
employees killed, the amount of compensation and furnish the | 343 |
|
medical care, nursing, surgical, and hospital attention or funeral | 344 |
|
expenses provided by the self-insuring employer's rules and | 345 |
|
regulations. | 346 |
| (C) Payment to injured employees, or to their dependents in | 347 |
|
case death has ensued, is in lieu of any and all rights of action | 348 |
|
against the employer of the injured or killed employees. | 349 |
| Section 2. That existing sections 4123.01, 4123.026, and | 350 |
|
4123.46 of the Revised Code are hereby repealed. | 351 |
