Bill Text: OH SB176 | 2013-2014 | 130th General Assembly | Introduced


Bill Title: To prohibit illegal and unauthorized aliens from receiving compensation and certain benefits under Ohio's Workers' Compensation Law.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2013-08-12 - To Commerce & Labor [SB176 Detail]

Download: Ohio-2013-SB176-Introduced.html
As Introduced

130th General Assembly
Regular Session
2013-2014
S. B. No. 176


Senator Seitz 

Cosponsors: Senators Burke, Schaffer 



A BILL
To amend sections 2743.02, 2744.02, 2913.48, 4123.01, 1
and 4123.511 and to enact sections 2307.82 and 2
4123.513 of the Revised Code to prohibit illegal 3
and unauthorized aliens from receiving 4
compensation and certain benefits under Ohio's 5
Workers' Compensation Law.6


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1.  That sections 2743.02, 2744.02, 2913.48, 4123.01, 7
and 4123.511 be amended and sections 2307.82 and 4123.513 of the 8
Revised Code be enacted to read as follows:9

       Sec. 2307.82.  (A) As used in this section, "employer," 10
"illegal alien," "occupational disease," and "unauthorized alien" 11
have the same meanings as in section 4123.01 of the Revised Code.12

       (B) Except as provided in division (C) of this section, no 13
court in this state has jurisdiction over a claim for damages 14
suffered by an illegal alien or an unauthorized alien by reason of 15
personal injury sustained or occupational disease contracted by 16
the illegal alien or unauthorized alien in the course of 17
employment caused by the wrongful act or omission or neglect of 18
the employer. Except as provided in division (C) of this section, 19
an illegal alien or unauthorized alien assumes the risk of 20
incurring such injury or contracting an occupational disease, and 21
that assumption is a complete bar to a recovery of damages for 22
such injury or occupational disease.23

       (C) A court in this state has jurisdiction over a claim 24
brought by an illegal alien or unauthorized alien against an 25
employer for damages suffered by reason of personal injury 26
sustained or occupational disease contracted in the course of 27
employment caused by the wrongful act or omission or neglect of 28
the employer if the employer employed the illegal alien or 29
unauthorized alien knowing that the illegal alien or unauthorized 30
alien was not authorized to work under section 101(a) of the 31
"Immigration Reform and Control Act of 1986," 100 Stat. 3360, 8 32
U.S.C. 1324a.33

       Nothing in this section shall be construed to prevent an 34
illegal alien or an unauthorized alien from bringing a claim under 35
section 2745.01 of the Revised Code against an employer in a court 36
of competent jurisdiction for an intentional tort allegedly 37
committed by the employer against the illegal alien or 38
unauthorized alien.39

       Sec. 2743.02.  (A)(1) The state hereby waives its immunity 40
from liability, except as provided for the office of the state 41
fire marshal in division (G)(1) of section 9.60 and division (B) 42
of section 3737.221 of the Revised Code, except as provided in 43
division (I) of this section, and subject to division (H) of this 44
section, and consents to be sued, and have its liability 45
determined, in the court of claims created in this chapter in 46
accordance with the same rules of law applicable to suits between 47
private parties, except that the determination of liability is 48
subject to the limitations set forth in this chapter and, in the 49
case of state universities or colleges, in section 3345.40 of the 50
Revised Code, and except as provided in division (A)(2) or (3) of 51
this section. To the extent that the state has previously 52
consented to be sued, this chapter has no applicability.53

       Except in the case of a civil action filed by the state, 54
filing a civil action in the court of claims results in a complete 55
waiver of any cause of action, based on the same act or omission, 56
that the filing party has against any officer or employee, as 57
defined in section 109.36 of the Revised Code. The waiver shall be 58
void if the court determines that the act or omission was 59
manifestly outside the scope of the officer's or employee's office 60
or employment or that the officer or employee acted with malicious 61
purpose, in bad faith, or in a wanton or reckless manner.62

       (2) If a claimant proves in the court of claims that an 63
officer or employee, as defined in section 109.36 of the Revised 64
Code, would have personal liability for the officer's or 65
employee's acts or omissions but for the fact that the officer or 66
employee has personal immunity under section 9.86 of the Revised 67
Code, the state shall be held liable in the court of claims in any 68
action that is timely filed pursuant to section 2743.16 of the 69
Revised Code and that is based upon the acts or omissions.70

       (3)(a) Except as provided in division (A)(3)(b) of this 71
section, the state is immune from liability in any civil action or 72
proceeding involving the performance or nonperformance of a public 73
duty, including the performance or nonperformance of a public duty 74
that is owed by the state in relation to any action of an 75
individual who is committed to the custody of the state.76

       (b) The state immunity provided in division (A)(3)(a) of this 77
section does not apply to any action of the state under 78
circumstances in which a special relationship can be established 79
between the state and an injured party. A special relationship 80
under this division is demonstrated if all of the following 81
elements exist:82

       (i) An assumption by the state, by means of promises or 83
actions, of an affirmative duty to act on behalf of the party who 84
was allegedly injured;85

       (ii) Knowledge on the part of the state's agents that 86
inaction of the state could lead to harm;87

       (iii) Some form of direct contact between the state's agents 88
and the injured party;89

       (iv) The injured party's justifiable reliance on the state's 90
affirmative undertaking.91

       (B) The state hereby waives the immunity from liability of 92
all hospitals owned or operated by one or more political 93
subdivisions and consents for them to be sued, and to have their 94
liability determined, in the court of common pleas, in accordance 95
with the same rules of law applicable to suits between private 96
parties, subject to the limitations set forth in this chapter. 97
This division is also applicable to hospitals owned or operated by 98
political subdivisions that have been determined by the supreme 99
court to be subject to suit prior to July 28, 1975.100

       (C) Any hospital, as defined in section 2305.113 of the 101
Revised Code, may purchase liability insurance covering its 102
operations and activities and its agents, employees, nurses, 103
interns, residents, staff, and members of the governing board and 104
committees, and, whether or not such insurance is purchased, may, 105
to the extent that its governing board considers appropriate, 106
indemnify or agree to indemnify and hold harmless any such person 107
against expense, including attorney's fees, damage, loss, or other 108
liability arising out of, or claimed to have arisen out of, the 109
death, disease, or injury of any person as a result of the 110
negligence, malpractice, or other action or inaction of the 111
indemnified person while acting within the scope of the 112
indemnified person's duties or engaged in activities at the 113
request or direction, or for the benefit, of the hospital. Any 114
hospital electing to indemnify those persons, or to agree to so 115
indemnify, shall reserve any funds that are necessary, in the 116
exercise of sound and prudent actuarial judgment, to cover the 117
potential expense, fees, damage, loss, or other liability. The 118
superintendent of insurance may recommend, or, if the hospital 119
requests the superintendent to do so, the superintendent shall 120
recommend, a specific amount for any period that, in the 121
superintendent's opinion, represents such a judgment. This 122
authority is in addition to any authorization otherwise provided 123
or permitted by law.124

       (D) Recoveries against the state shall be reduced by the 125
aggregate of insurance proceeds, disability award, or other 126
collateral recovery received by the claimant. This division does 127
not apply to civil actions in the court of claims against a state 128
university or college under the circumstances described in section 129
3345.40 of the Revised Code. The collateral benefits provisions of 130
division (B)(2) of that section apply under those circumstances.131

       (E) The only defendant in original actions in the court of 132
claims is the state. The state may file a third-party complaint or 133
counterclaim in any civil action, except a civil action for ten 134
thousand dollars or less, that is filed in the court of claims.135

       (F) A civil action against an officer or employee, as defined 136
in section 109.36 of the Revised Code, that alleges that the 137
officer's or employee's conduct was manifestly outside the scope 138
of the officer's or employee's employment or official 139
responsibilities, or that the officer or employee acted with 140
malicious purpose, in bad faith, or in a wanton or reckless manner 141
shall first be filed against the state in the court of claims that 142
has exclusive, original jurisdiction to determine, initially, 143
whether the officer or employee is entitled to personal immunity 144
under section 9.86 of the Revised Code and whether the courts of 145
common pleas have jurisdiction over the civil action. The officer 146
or employee may participate in the immunity determination 147
proceeding before the court of claims to determine whether the 148
officer or employee is entitled to personal immunity under section 149
9.86 of the Revised Code.150

       The filing of a claim against an officer or employee under 151
this division tolls the running of the applicable statute of 152
limitations until the court of claims determines whether the 153
officer or employee is entitled to personal immunity under section 154
9.86 of the Revised Code.155

       (G) If a claim lies against an officer or employee who is a 156
member of the Ohio national guard, and the officer or employee 157
was, at the time of the act or omission complained of, subject to 158
the "Federal Tort Claims Act," 60 Stat. 842 (1946), 28 U.S.C. 159
2671, et seq., the Federal Tort Claims Act is the exclusive remedy 160
of the claimant and the state has no liability under this section.161

       (H) If an inmate of a state correctional institution has a 162
claim against the state for the loss of or damage to property and 163
the amount claimed does not exceed three hundred dollars, before 164
commencing an action against the state in the court of claims, the 165
inmate shall file a claim for the loss or damage under the rules 166
adopted by the director of rehabilitation and correction pursuant 167
to this division. The inmate shall file the claim within the time 168
allowed for commencement of a civil action under section 2743.16 169
of the Revised Code. If the state admits or compromises the claim, 170
the director shall make payment from a fund designated by the 171
director for that purpose. If the state denies the claim or does 172
not compromise the claim at least sixty days prior to expiration 173
of the time allowed for commencement of a civil action based upon 174
the loss or damage under section 2743.16 of the Revised Code, the 175
inmate may commence an action in the court of claims under this 176
chapter to recover damages for the loss or damage.177

       The director of rehabilitation and correction shall adopt 178
rules pursuant to Chapter 119. of the Revised Code to implement 179
this division.180

       (I) The state is not liable in any civil action brought by or 181
on behalf of an illegal alien or an unauthorized alien for damages 182
suffered by reason of personal injury sustained or occupational 183
disease contracted in the course of employment caused by the 184
wrongful act or omission or neglect of the state acting as an 185
employer unless the state employed that illegal alien or 186
unauthorized alien knowing that the illegal alien or unauthorized 187
alien was not authorized to work under section 101(a) of the 188
"Immigration Reform and Control Act of 1986," 100 Stat. 3360, 8 189
U.S.C. 1324a.190

       As used in this division, "illegal alien," "occupational 191
disease," and "unauthorized alien" have the same meanings as in 192
section 4123.01 of the Revised Code.193

       Sec. 2744.02.  (A)(1) For the purposes of this chapter, the 194
functions of political subdivisions are hereby classified as 195
governmental functions and proprietary functions. Except as 196
provided in division (B) of this section, a political subdivision 197
is not liable in damages in a civil action for injury, death, or 198
loss to person or property allegedly caused by any act or omission 199
of the political subdivision or an employee of the political 200
subdivision in connection with a governmental or proprietary 201
function. A political subdivision is not liable in any civil 202
action brought by or on behalf of an illegal alien or an 203
unauthorized alien for damages suffered by reason of personal 204
injury sustained or occupational disease contracted in the course 205
of employment caused by the wrongful act or omission or neglect of 206
the political subdivision acting as an employer unless the 207
political subdivision employed that illegal alien or unauthorized 208
alien knowing that the illegal alien or unauthorized alien was not 209
authorized to work under section 101(a) of the "Immigration Reform 210
and Control Act of 1986," 100 Stat. 3360, 8 U.S.C. 1324a.211

       As used in this division, "illegal alien," "occupational 212
disease," and "unauthorized alien" have the same meanings as in 213
section 4123.01 of the Revised Code.214

       (2) The defenses and immunities conferred under this chapter 215
apply in connection with all governmental and proprietary 216
functions performed by a political subdivision and its employees, 217
whether performed on behalf of that political subdivision or on 218
behalf of another political subdivision.219

        (3) Subject to statutory limitations upon their monetary 220
jurisdiction, the courts of common pleas, the municipal courts, 221
and the county courts have jurisdiction to hear and determine 222
civil actions governed by or brought pursuant to this chapter.223

       (B) Subject to sections 2744.03 and 2744.05 of the Revised 224
Code, a political subdivision is liable in damages in a civil 225
action for injury, death, or loss to person or property allegedly 226
caused by an act or omission of the political subdivision or of 227
any of its employees in connection with a governmental or 228
proprietary function, as follows:229

       (1) Except as otherwise provided in this division, political 230
subdivisions are liable for injury, death, or loss to person or 231
property caused by the negligent operation of any motor vehicle by 232
their employees when the employees are engaged within the scope of 233
their employment and authority. The following are full defenses to 234
that liability:235

       (a) A member of a municipal corporation police department or 236
any other police agency was operating a motor vehicle while 237
responding to an emergency call and the operation of the vehicle 238
did not constitute willful or wanton misconduct;239

       (b) A member of a municipal corporation fire department or 240
any other firefighting agency was operating a motor vehicle while 241
engaged in duty at a fire, proceeding toward a place where a fire 242
is in progress or is believed to be in progress, or answering any 243
other emergency alarm and the operation of the vehicle did not 244
constitute willful or wanton misconduct;245

       (c) A member of an emergency medical service owned or 246
operated by a political subdivision was operating a motor vehicle 247
while responding to or completing a call for emergency medical 248
care or treatment, the member was holding a valid commercial 249
driver's license issued pursuant to Chapter 4506. or a driver's 250
license issued pursuant to Chapter 4507. of the Revised Code, the 251
operation of the vehicle did not constitute willful or wanton 252
misconduct, and the operation complies with the precautions of 253
section 4511.03 of the Revised Code.254

       (2) Except as otherwise provided in sections 3314.07 and 255
3746.24 of the Revised Code, political subdivisions are liable for 256
injury, death, or loss to person or property caused by the 257
negligent performance of acts by their employees with respect to 258
proprietary functions of the political subdivisions.259

       (3) Except as otherwise provided in section 3746.24 of the 260
Revised Code, political subdivisions are liable for injury, death, 261
or loss to person or property caused by their negligent failure to 262
keep public roads in repair and other negligent failure to remove 263
obstructions from public roads, except that it is a full defense 264
to that liability, when a bridge within a municipal corporation is 265
involved, that the municipal corporation does not have the 266
responsibility for maintaining or inspecting the bridge.267

       (4) Except as otherwise provided in section 3746.24 of the 268
Revised Code, political subdivisions are liable for injury, death, 269
or loss to person or property that is caused by the negligence of 270
their employees and that occurs within or on the grounds of, and 271
is due to physical defects within or on the grounds of, buildings 272
that are used in connection with the performance of a governmental 273
function, including, but not limited to, office buildings and 274
courthouses, but not including jails, places of juvenile 275
detention, workhouses, or any other detention facility, as defined 276
in section 2921.01 of the Revised Code.277

       (5) In addition to the circumstances described in divisions 278
(B)(1) to (4) of this section, a political subdivision is liable 279
for injury, death, or loss to person or property when civil 280
liability is expressly imposed upon the political subdivision by a 281
section of the Revised Code, including, but not limited to, 282
sections 2743.02 and 5591.37 of the Revised Code. Civil liability 283
shall not be construed to exist under another section of the 284
Revised Code merely because that section imposes a responsibility 285
or mandatory duty upon a political subdivision, because that 286
section provides for a criminal penalty, because of a general 287
authorization in that section that a political subdivision may sue 288
and be sued, or because that section uses the term "shall" in a 289
provision pertaining to a political subdivision.290

       (C) An order that denies a political subdivision or an 291
employee of a political subdivision the benefit of an alleged 292
immunity from liability as provided in this chapter or any other 293
provision of the law is a final order.294

       Sec. 2913.48.  (A) No person, with purpose to defraud or 295
knowing that the person is facilitating a fraud, shall do any of 296
the following: 297

       (1) Receive workers' compensation benefits to which the 298
person is not entitled; 299

       (2) Make or present or cause to be made or presented a false 300
or misleading statement with the purpose to secure payment for 301
goods or services rendered under Chapter 4121., 4123., 4127., or 302
4131. of the Revised Code or to secure workers' compensation 303
benefits; 304

       (3) Make a false statement in an attestation submitted to the 305
administrator of workers' compensation pursuant to division (A) of 306
section 4123.511 of the Revised Code.307

        (4) Alter, falsify, destroy, conceal, or remove any record or 308
document that is necessary to fully establish the validity of any 309
claim filed with, or necessary to establish the nature and 310
validity of all goods and services for which reimbursement or 311
payment was received or is requested from, the bureau of workers' 312
compensation, or a self-insuring employer under Chapter 4121., 313
4123., 4127., or 4131. of the Revised Code; 314

       (4)(5) Enter into an agreement or conspiracy to defraud the 315
bureau or a self-insuring employer by making or presenting or 316
causing to be made or presented a false claim for workers' 317
compensation benefits; 318

       (5)(6) Make or present or cause to be made or presented a 319
false statement concerning manual codes, classification of 320
employees, payroll, paid compensation, or number of personnel, 321
when information of that nature is necessary to determine the 322
actual workers' compensation premium or assessment owed to the 323
bureau by an employer; 324

       (6)(7) Alter, forge, or create a workers' compensation 325
certificate to falsely show current or correct workers' 326
compensation coverage; 327

       (7)(8) Fail to secure or maintain workers' compensation 328
coverage as required by Chapter 4123. of the Revised Code with the 329
intent to defraud the bureau of workers' compensation. 330

       (B) Whoever violates this section is guilty of workers' 331
compensation fraud. Except as otherwise provided in this division, 332
a violation of this section is a misdemeanor of the first degree. 333
If the value of premiums and assessments unpaid pursuant to 334
actions described in division (A)(5), (6), or (7), or (8) of this 335
section, or of goods, services, property, or money stolen is one 336
thousand dollars or more and is less than seven thousand five 337
hundred dollars, a violation of this section is a felony of the 338
fifth degree. If the value of premiums and assessments unpaid 339
pursuant to actions described in division (A)(5), (6), or (7), or 340
(8) of this section, or of goods, services, property, or money 341
stolen is seven thousand five hundred dollars or more and is less 342
than one hundred fifty thousand dollars, a violation of this 343
section is a felony of the fourth degree. If the value of premiums 344
and assessments unpaid pursuant to actions described in division 345
(A)(5), (6), or (7), or (8) of this section, or of goods, 346
services, property, or money stolen is one hundred fifty thousand 347
dollars or more, a violation of this section is a felony of the 348
third degree. 349

       (C) Upon application of the governmental body that conducted 350
the investigation and prosecution of a violation of this section, 351
the court shall order the person who is convicted of the violation 352
to pay the governmental body its costs of investigating and 353
prosecuting the case. These costs are in addition to any other 354
costs or penalty provided in the Revised Code or any other section 355
of law. 356

       (D) The remedies and penalties provided in this section are 357
not exclusive remedies and penalties and do not preclude the use 358
of any other criminal or civil remedy or penalty for any act that 359
is in violation of this section. 360

       (E) As used in this section: 361

       (1) "False" means wholly or partially untrue or deceptive. 362

       (2) "Goods" includes, but is not limited to, medical 363
supplies, appliances, rehabilitative equipment, and any other 364
apparatus or furnishing provided or used in the care, treatment, 365
or rehabilitation of a claimant for workers' compensation 366
benefits. 367

       (3) "Services" includes, but is not limited to, any service 368
provided by any health care provider to a claimant for workers' 369
compensation benefits and any and all services provided by the 370
bureau as part of workers' compensation insurance coverage. 371

       (4) "Claim" means any attempt to cause the bureau, an 372
independent third party with whom the administrator or an employer 373
contracts under section 4121.44 of the Revised Code, or a 374
self-insuring employer to make payment or reimbursement for 375
workers' compensation benefits. 376

       (5) "Employment" means participating in any trade, 377
occupation, business, service, or profession for substantial 378
gainful remuneration. 379

       (6) "Employer," "employee," and "self-insuring employer" have 380
the same meanings as in section 4123.01 of the Revised Code. 381

       (7) "Remuneration" includes, but is not limited to, wages, 382
commissions, rebates, and any other reward or consideration. 383

       (8) "Statement" includes, but is not limited to, any oral, 384
written, electronic, electronic impulse, or magnetic communication 385
notice, letter, memorandum, receipt for payment, invoice, account, 386
financial statement, or bill for services; a diagnosis, prognosis, 387
prescription, hospital, medical, or dental chart or other record; 388
and a computer generated document. 389

       (9) "Records" means any medical, professional, financial, or 390
business record relating to the treatment or care of any person, 391
to goods or services provided to any person, or to rates paid for 392
goods or services provided to any person, or any record that the 393
administrator of workers' compensation requires pursuant to rule. 394

       (10) "Workers' compensation benefits" means any compensation 395
or benefits payable under Chapter 4121., 4123., 4127., or 4131. of 396
the Revised Code. 397

       Sec. 4123.01.  As used in this chapter:398

       (A)(1) "Employee" means:399

       (a) Every person in the service of the state, or of any 400
county, municipal corporation, township, or school district 401
therein, including regular members of lawfully constituted police 402
and fire departments of municipal corporations and townships, 403
whether paid or volunteer, and wherever serving within the state 404
or on temporary assignment outside thereof, and executive officers 405
of boards of education, under any appointment or contract of hire, 406
express or implied, oral or written, including any elected 407
official of the state, or of any county, municipal corporation, or 408
township, or members of boards of education.409

       As used in division (A)(1)(a) of this section, the term 410
"employee" includes the following persons when responding to an 411
inherently dangerous situation that calls for an immediate 412
response on the part of the person, regardless of whether the 413
person is within the limits of the jurisdiction of the person's 414
regular employment or voluntary service when responding, on the 415
condition that the person responds to the situation as the person 416
otherwise would if the person were on duty in the person's 417
jurisdiction:418

       (i) Off-duty peace officers. As used in division (A)(1)(a)(i) 419
of this section, "peace officer" has the same meaning as in 420
section 2935.01 of the Revised Code.421

       (ii) Off-duty firefighters, whether paid or volunteer, of a 422
lawfully constituted fire department.423

       (iii) Off-duty first responders, emergency medical 424
technicians-basic, emergency medical technicians-intermediate, or 425
emergency medical technicians-paramedic, whether paid or 426
volunteer, of an ambulance service organization or emergency 427
medical service organization pursuant to Chapter 4765. of the 428
Revised Code.429

       (b) Every person in the service of any person, firm, or 430
private corporation, including any public service corporation, 431
that (i) employs one or more persons regularly in the same 432
business or in or about the same establishment under any contract 433
of hire, express or implied, oral or written, including aliens and434
authorized to work by the United States department of homeland 435
security or its successor; minors,; household workers who earn one 436
hundred sixty dollars or more in cash in any calendar quarter from 437
a single household; and casual workers who earn one hundred sixty 438
dollars or more in cash in any calendar quarter from a single 439
employer,; or (ii) is bound by any such contract of hire or by any 440
other written contract, to pay into the state insurance fund the 441
premiums provided by this chapter.442

       (c) Every person who performs labor or provides services 443
pursuant to a construction contract, as defined in section 4123.79 444
of the Revised Code, if at least ten of the following criteria 445
apply:446

       (i) The person is required to comply with instructions from 447
the other contracting party regarding the manner or method of 448
performing services;449

       (ii) The person is required by the other contracting party to 450
have particular training;451

       (iii) The person's services are integrated into the regular 452
functioning of the other contracting party;453

       (iv) The person is required to perform the work personally;454

       (v) The person is hired, supervised, or paid by the other 455
contracting party;456

       (vi) A continuing relationship exists between the person and 457
the other contracting party that contemplates continuing or 458
recurring work even if the work is not full time;459

       (vii) The person's hours of work are established by the other 460
contracting party;461

       (viii) The person is required to devote full time to the 462
business of the other contracting party;463

       (ix) The person is required to perform the work on the 464
premises of the other contracting party;465

       (x) The person is required to follow the order of work set by 466
the other contracting party;467

       (xi) The person is required to make oral or written reports 468
of progress to the other contracting party;469

       (xii) The person is paid for services on a regular basis such 470
as hourly, weekly, or monthly;471

       (xiii) The person's expenses are paid for by the other 472
contracting party;473

       (xiv) The person's tools and materials are furnished by the 474
other contracting party;475

       (xv) The person is provided with the facilities used to 476
perform services;477

       (xvi) The person does not realize a profit or suffer a loss 478
as a result of the services provided;479

       (xvii) The person is not performing services for a number of 480
employers at the same time;481

       (xviii) The person does not make the same services available 482
to the general public;483

       (xix) The other contracting party has a right to discharge 484
the person;485

       (xx) The person has the right to end the relationship with 486
the other contracting party without incurring liability pursuant 487
to an employment contract or agreement.488

       Every person in the service of any independent contractor or 489
subcontractor who has failed to pay into the state insurance fund 490
the amount of premium determined and fixed by the administrator of 491
workers' compensation for the person's employment or occupation or 492
if a self-insuring employer has failed to pay compensation and 493
benefits directly to the employer's injured and to the dependents 494
of the employer's killed employees as required by section 4123.35 495
of the Revised Code, shall be considered as the employee of the 496
person who has entered into a contract, whether written or verbal, 497
with such independent contractor unless such employees or their 498
legal representatives or beneficiaries elect, after injury or 499
death, to regard such independent contractor as the employer.500

       (d) Every person to whom all of the following apply:501

       (i) The person is a resident of a state other than this state 502
and is covered by that other state's workers' compensation law;503

       (ii) The person performs labor or provides services for that 504
person's employer while temporarily within this state;505

       (iii) The laws of that other state do not include the 506
provisions described in division (H)(4) of section 4123.54 of the 507
Revised Code.508

       (2) "Employee" does not mean any of the following:509

       (a) A duly ordained, commissioned, or licensed minister or 510
assistant or associate minister of a church in the exercise of 511
ministry;512

       (b) Any officer of a family farm corporation;513

       (c) An individual incorporated as a corporation; or514

        (d) An individual who otherwise is an employee of an employer 515
but who signs the waiver and affidavit specified in section 516
4123.15 of the Revised Code on the condition that the 517
administrator has granted a waiver and exception to the 518
individual's employer under section 4123.15 of the Revised Code;519

       (e) An illegal alien or an unauthorized alien.520

       Any employer may elect to include as an "employee" within 521
this chapter, any person excluded from the definition of 522
"employee" pursuant to divisiondivisions (A)(2)(a) to (d) of this 523
section. If an employer is a partnership, sole proprietorship, 524
individual incorporated as a corporation, or family farm 525
corporation, such employer may elect to include as an "employee" 526
within this chapter, any member of such partnership, the owner of 527
the sole proprietorship, the individual incorporated as a 528
corporation, or the officers of the family farm corporation. In 529
the event of an election, the employer shall serve upon the bureau 530
of workers' compensation written notice naming the persons to be 531
covered, include such employee's remuneration for premium purposes 532
in all future payroll reports, and no person excluded from the 533
definition of "employee" pursuant to divisiondivisions (A)(2)(a) 534
to (d) of this section, proprietor, individual incorporated as a 535
corporation, or partner shall be deemed an employee within this 536
division until the employer has served such notice.537

       For informational purposes only, the bureau shall prescribe 538
such language as it considers appropriate, on such of its forms as 539
it considers appropriate, to advise employers of their right to 540
elect to include as an "employee" within this chapter a sole 541
proprietor, any member of a partnership, an individual 542
incorporated as a corporation, the officers of a family farm 543
corporation, or a person excluded from the definition of 544
"employee" under divisiondivisions (A)(2)(a) to (d) of this 545
section, that they should check any health and disability 546
insurance policy, or other form of health and disability plan or 547
contract, presently covering them, or the purchase of which they 548
may be considering, to determine whether such policy, plan, or 549
contract excludes benefits for illness or injury that they might 550
have elected to have covered by workers' compensation.551

       (B) "Employer" means:552

       (1) The state, including state hospitals, each county, 553
municipal corporation, township, school district, and hospital 554
owned by a political subdivision or subdivisions other than the 555
state;556

       (2) Every person, firm, professional employer organization as 557
defined in section 4125.01 of the Revised Code, and private 558
corporation, including any public service corporation, that (a) 559
has in service one or more employees or shared employees regularly 560
in the same business or in or about the same establishment under 561
any contract of hire, express or implied, oral or written, or (b) 562
is bound by any such contract of hire or by any other written 563
contract, to pay into the insurance fund the premiums provided by 564
this chapter.565

       All such employers are subject to this chapter. Any member of 566
a firm or association, who regularly performs manual labor in or 567
about a mine, factory, or other establishment, including a 568
household establishment, shall be considered an employee in 569
determining whether such person, firm, or private corporation, or 570
public service corporation, has in its service, one or more 571
employees and the employer shall report the income derived from 572
such labor to the bureau as part of the payroll of such employer, 573
and such member shall thereupon be entitled to all the benefits of 574
an employee.575

       (C) "Injury" includes any injury, whether caused by external 576
accidental means or accidental in character and result, received 577
in the course of, and arising out of, the injured employee's 578
employment. "Injury" does not include:579

       (1) Psychiatric conditions except where the claimant's 580
psychiatric conditions have arisen from an injury or occupational 581
disease sustained by that claimant or where the claimant's 582
psychiatric conditions have arisen from sexual conduct in which 583
the claimant was forced by threat of physical harm to engage or 584
participate;585

       (2) Injury or disability caused primarily by the natural 586
deterioration of tissue, an organ, or part of the body;587

       (3) Injury or disability incurred in voluntary participation 588
in an employer-sponsored recreation or fitness activity if the 589
employee signs a waiver of the employee's right to compensation or 590
benefits under this chapter prior to engaging in the recreation or 591
fitness activity;592

       (4) A condition that pre-existed an injury unless that 593
pre-existing condition is substantially aggravated by the injury. 594
Such a substantial aggravation must be documented by objective 595
diagnostic findings, objective clinical findings, or objective 596
test results. Subjective complaints may be evidence of such a 597
substantial aggravation. However, subjective complaints without 598
objective diagnostic findings, objective clinical findings, or 599
objective test results are insufficient to substantiate a 600
substantial aggravation.601

       (D) "Child" includes a posthumous child and a child legally 602
adopted prior to the injury.603

       (E) "Family farm corporation" means a corporation founded for 604
the purpose of farming agricultural land in which the majority of 605
the voting stock is held by and the majority of the stockholders 606
are persons or the spouse of persons related to each other within 607
the fourth degree of kinship, according to the rules of the civil 608
law, and at least one of the related persons is residing on or 609
actively operating the farm, and none of whose stockholders are a 610
corporation. A family farm corporation does not cease to qualify 611
under this division where, by reason of any devise, bequest, or 612
the operation of the laws of descent or distribution, the 613
ownership of shares of voting stock is transferred to another 614
person, as long as that person is within the degree of kinship 615
stipulated in this division.616

       (F) "Occupational disease" means a disease contracted in the 617
course of employment, which by its causes and the characteristics 618
of its manifestation or the condition of the employment results in 619
a hazard which distinguishes the employment in character from 620
employment generally, and the employment creates a risk of 621
contracting the disease in greater degree and in a different 622
manner from the public in general.623

       (G) "Self-insuring employer" means an employer who is granted 624
the privilege of paying compensation and benefits directly under 625
section 4123.35 of the Revised Code, including a board of county 626
commissioners for the sole purpose of constructing a sports 627
facility as defined in section 307.696 of the Revised Code, 628
provided that the electors of the county in which the sports 629
facility is to be built have approved construction of a sports 630
facility by ballot election no later than November 6, 1997.631

       (H) "Public employer" means an employer as defined in 632
division (B)(1) of this section.633

       (I) "Sexual conduct" means vaginal intercourse between a male 634
and female; anal intercourse, fellatio, and cunnilingus between 635
persons regardless of gender; and, without privilege to do so, the 636
insertion, however slight, of any part of the body or any 637
instrument, apparatus, or other object into the vaginal or anal 638
cavity of another. Penetration, however slight, is sufficient to 639
complete vaginal or anal intercourse.640

       (J) "Other-states' insurer" means an insurance company that 641
is authorized to provide workers' compensation insurance coverage 642
in any of the states that permit employers to obtain insurance for 643
workers' compensation claims through insurance companies.644

       (K) "Other-states' coverage" means insurance coverage 645
purchased by an employer for workers' compensation claims that 646
arise in a state or states other than this state and that are 647
filed by the employees of the employer or those employee's 648
dependents, as applicable, in that other state or those other 649
states.650

       (L) "Illegal alien" means an alien who is deportable if 651
apprehended because of one of the following:652

       (1) The alien entered the United States illegally without the 653
proper authorization and documents.654

       (2) The alien once entered the United States legally and has 655
since violated the terms of the status under which the alien 656
entered the United States, making that alien an "out of status" 657
alien.658

       (3) The alien once entered the United States legally but has 659
overstayed the time limits of the original legal status.660

       (M) "Unauthorized alien" means an alien who is not authorized 661
to be employed as determined in accordance with section 101(a) of 662
the "Immigration Reform and Control Act of 1986," 100 Stat. 3360, 663
8 U.S.C. 1324a.664

       Sec. 4123.511.  (A) Within seven days after receipt of any 665
claim under this chapter, the bureau of workers' compensation 666
shall notify the claimant and the employer of the claimant of the 667
receipt of the claim and of the facts alleged therein. If the 668
bureau receives from a person other than the claimant written or 669
facsimile information or information communicated verbally over 670
the telephone indicating that an injury or occupational disease 671
has occurred or been contracted which may be compensable under 672
this chapter, the bureau shall notify the employee and the 673
employer of the information. If the information is provided 674
verbally over the telephone, the person providing the information 675
shall provide written verification of the information to the 676
bureau according to division (E) of section 4123.84 of the Revised 677
Code. The receipt of the information in writing or facsimile, or 678
if initially by telephone, the subsequent written verification, 679
and the notice by the bureau shall be considered an application 680
for compensation under section 4123.84 or 4123.85 of the Revised 681
Code, provided that the conditions of division (E) of section 682
4123.84 of the Revised Code apply to information provided verbally 683
over the telephone. Upon receipt of a claim, the bureau shall 684
advise the claimant of the claim number assigned and the 685
claimant's right to representation in the processing of a claim or 686
to elect no representation. If687

       To be considered eligible for compensation or benefits paid 688
under this chapter or Chapter 4121., 4127., or 4131. of the 689
Revised Code other than medical benefits as described in section 690
4123.66 of the Revised Code, the claimant shall submit to the 691
administrator of workers' compensation a signed attestation that 692
the claimant is an eligible "employee" as that term is defined in 693
section 4123.01 of the Revised Code or, if the claimant is a 694
dependent of an individual who died as a result of suffering an 695
injury or contracting an occupational disease, that the individual 696
who is the subject of the claim was such an employee. The 697
administrator shall not pay compensation or benefits, other than 698
medical benefits described in section 4123.66 of the Revised Code, 699
unless the administrator receives the signed attestation. The 700
administrator, if the administrator has reason to believe that a 701
submitted attestation is not valid, may request the claimant to 702
submit proof to the administrator that the attestation is valid. 703
The administrator shall make the request in writing and shall 704
state in the request the type of proof necessary to determine 705
validity and the date by which the claimant shall submit the 706
proof. If a claimant fails to comply with the request, the 707
administrator shall deny the claim for compensation or benefits 708
other than medical benefits and the claimant is barred from 709
refiling that claim for compensation or benefits. A denial of a 710
claim for compensation or benefits for failing to comply with the 711
written request may be appealed under this section and section 712
4123.512 of the Revised Code. In the event a claimant provides a 713
signed attestation required under this division and it is later 714
determined that the claimant is or the deceased individual who is 715
the subject of the claim was an illegal or unauthorized alien, the 716
claimant shall be subject to prosecution for a violation of 717
section 2913.48 of the Revised Code.718

       If the bureau determines that a claim is determined to be a 719
compensable lost-time claim, the bureau shall notify the claimant 720
and the employer of the availability of rehabilitation services. 721
No bureau or industrial commission employee shall directly or 722
indirectly convey any information in derogation of this right. 723
This section shall in no way abrogate the bureau's responsibility 724
to aid and assist a claimant in the filing of a claim and to 725
advise the claimant of the claimant's rights under the law.726

       The administrator of workers' compensation shall assign all 727
claims and investigations to the bureau service office from which 728
investigation and determination may be made most expeditiously.729

       The bureau shall investigate the facts concerning an injury 730
or occupational disease and ascertain such facts in whatever 731
manner is most appropriate and may obtain statements of the 732
employee, employer, attending physician, and witnesses in whatever 733
manner is most appropriate.734

       The administrator, with the advice and consent of the bureau 735
of workers' compensation board of directors, may adopt rules that 736
identify specified medical conditions that have a historical 737
record of being allowed whenever included in a claim. The 738
administrator may grant immediate allowance of any medical 739
condition identified in those rules upon the filing of a claim 740
involving that medical condition and may make immediate payment of 741
medical bills for any medical condition identified in those rules 742
that is included in a claim. If an employer contests the allowance 743
of a claim involving any medical condition identified in those 744
rules, and the claim is disallowed, payment for the medical 745
condition included in that claim shall be charged to and paid from 746
the surplus fund account created under section 4123.34 of the 747
Revised Code.748

       (B)(1) Except as provided in division (B)(2) of this section, 749
in claims other than those in which the employer is a 750
self-insuring employer, if the administrator determines under 751
division (A) of this section that a claimant is or is not entitled 752
to an award of compensation or benefits, the administrator shall 753
issue an order no later than twenty-eight days after the sending 754
of the notice under division (A) of this section, granting or 755
denying the payment of the compensation or benefits, or both as is 756
appropriate to the claimant. Notwithstanding the time limitation 757
specified in this division for the issuance of an order, if a 758
medical examination of the claimant is required by statute, the 759
administrator promptly shall schedule the claimant for that 760
examination and shall issue an order no later than twenty-eight 761
days after receipt of the report of the examination. The 762
administrator shall notify the claimant and the employer of the 763
claimant and their respective representatives in writing of the 764
nature of the order and the amounts of compensation and benefit 765
payments involved. The employer or claimant may appeal the order 766
pursuant to division (C) of this section within fourteen days 767
after the date of the receipt of the order. The employer and 768
claimant may waive, in writing, their rights to an appeal under 769
this division.770

       (2) Notwithstanding the time limitation specified in division 771
(B)(1) of this section for the issuance of an order, if the 772
employer certifies a claim for payment of compensation or 773
benefits, or both, to a claimant, and the administrator has 774
completed the investigation of the claim, the payment of benefits 775
or compensation, or both, as is appropriate, shall commence upon 776
the later of the date of the certification or completion of the 777
investigation and issuance of the order by the administrator, 778
provided that the administrator shall issue the order no later 779
than the time limitation specified in division (B)(1) of this 780
section.781

       (3) If an appeal is made under division (B)(1) or (2) of this 782
section, the administrator shall forward the claim file to the 783
appropriate district hearing officer within seven days of the 784
appeal. In contested claims other than state fund claims, the 785
administrator shall forward the claim within seven days of the 786
administrator's receipt of the claim to the industrial commission, 787
which shall refer the claim to an appropriate district hearing 788
officer for a hearing in accordance with division (C) of this 789
section.790

       (C) If an employer or claimant timely appeals the order of 791
the administrator issued under division (B) of this section or in 792
the case of other contested claims other than state fund claims, 793
the commission shall refer the claim to an appropriate district 794
hearing officer according to rules the commission adopts under 795
section 4121.36 of the Revised Code. The district hearing officer 796
shall notify the parties and their respective representatives of 797
the time and place of the hearing.798

       The district hearing officer shall hold a hearing on a 799
disputed issue or claim within forty-five days after the filing of 800
the appeal under this division and issue a decision within seven 801
days after holding the hearing. The district hearing officer shall 802
notify the parties and their respective representatives in writing 803
of the order. Any party may appeal an order issued under this 804
division pursuant to division (D) of this section within fourteen 805
days after receipt of the order under this division.806

       (D) Upon the timely filing of an appeal of the order of the 807
district hearing officer issued under division (C) of this 808
section, the commission shall refer the claim file to an 809
appropriate staff hearing officer according to its rules adopted 810
under section 4121.36 of the Revised Code. The staff hearing 811
officer shall hold a hearing within forty-five days after the 812
filing of an appeal under this division and issue a decision 813
within seven days after holding the hearing under this division. 814
The staff hearing officer shall notify the parties and their 815
respective representatives in writing of the staff hearing 816
officer's order. Any party may appeal an order issued under this 817
division pursuant to division (E) of this section within fourteen 818
days after receipt of the order under this division.819

       (E) Upon the filing of a timely appeal of the order of the 820
staff hearing officer issued under division (D) of this section, 821
the commission or a designated staff hearing officer, on behalf of 822
the commission, shall determine whether the commission will hear 823
the appeal. If the commission or the designated staff hearing 824
officer decides to hear the appeal, the commission or the 825
designated staff hearing officer shall notify the parties and 826
their respective representatives in writing of the time and place 827
of the hearing. The commission shall hold the hearing within 828
forty-five days after the filing of the notice of appeal and, 829
within seven days after the conclusion of the hearing, the 830
commission shall issue its order affirming, modifying, or 831
reversing the order issued under division (D) of this section. The 832
commission shall notify the parties and their respective 833
representatives in writing of the order. If the commission or the 834
designated staff hearing officer determines not to hear the 835
appeal, within fourteen days after the expiration of the period in 836
which an appeal of the order of the staff hearing officer may be 837
filed as provided in division (D) of this section, the commission 838
or the designated staff hearing officer shall issue an order to 839
that effect and notify the parties and their respective 840
representatives in writing of that order.841

       Except as otherwise provided in this chapter and Chapters 842
4121., 4127., and 4131. of the Revised Code, any party may appeal 843
an order issued under this division to the court pursuant to 844
section 4123.512 of the Revised Code within sixty days after 845
receipt of the order, subject to the limitations contained in that 846
section.847

       (F) Every notice of an appeal from an order issued under 848
divisions (B), (C), (D), and (E) of this section shall state the 849
names of the claimant and employer, the number of the claim, the 850
date of the decision appealed from, and the fact that the 851
appellant appeals therefrom.852

       (G) All of the following apply to the proceedings under 853
divisions (C), (D), and (E) of this section:854

       (1) The parties shall proceed promptly and without 855
continuances except for good cause;856

       (2) The parties, in good faith, shall engage in the free 857
exchange of information relevant to the claim prior to the conduct 858
of a hearing according to the rules the commission adopts under 859
section 4121.36 of the Revised Code;860

       (3) The administrator is a party and may appear and 861
participate at all administrative proceedings on behalf of the 862
state insurance fund. However, in cases in which the employer is 863
represented, the administrator shall neither present arguments nor 864
introduce testimony that is cumulative to that presented or 865
introduced by the employer or the employer's representative. The 866
administrator may file an appeal under this section on behalf of 867
the state insurance fund; however, except in cases arising under 868
section 4123.343 of the Revised Code, the administrator only may 869
appeal questions of law or issues of fraud when the employer 870
appears in person or by representative.871

       (H) Except as provided in section 4121.63 of the Revised Code 872
and division (K) of this section, payments of compensation to a 873
claimant or on behalf of a claimant as a result of any order 874
issued under this chapter shall commence upon the earlier of the 875
following:876

       (1) Fourteen days after the date the administrator issues an 877
order under division (B) of this section, unless that order is 878
appealed;879

       (2) The date when the employer has waived the right to appeal 880
a decision issued under division (B) of this section;881

       (3) If no appeal of an order has been filed under this 882
section or to a court under section 4123.512 of the Revised Code, 883
the expiration of the time limitations for the filing of an appeal 884
of an order;885

       (4) The date of receipt by the employer of an order of a 886
district hearing officer, a staff hearing officer, or the 887
industrial commission issued under division (C), (D), or (E) of 888
this section.889

       (I) Payments of medical benefits payable under this chapter 890
or Chapter 4121., 4127., or 4131. of the Revised Code shall 891
commence upon the earlier of the following:892

       (1) The date of the issuance of the staff hearing officer's 893
order under division (D) of this section;894

       (2) The date of the final administrative or judicial 895
determination.896

       (J) The administrator shall charge the compensation payments 897
made in accordance with division (H) of this section or medical 898
benefits payments made in accordance with division (I) of this 899
section to an employer's experience immediately after the employer 900
has exhausted the employer's administrative appeals as provided in 901
this section or has waived the employer's right to an 902
administrative appeal under division (B) of this section, subject 903
to the adjustment specified in division (H) of section 4123.512 of 904
the Revised Code.905

       (K) Upon the final administrative or judicial determination 906
under this section or section 4123.512 of the Revised Code of an 907
appeal of an order to pay compensation, if a claimant is found to 908
have received compensation pursuant to a prior order which is 909
reversed upon subsequent appeal, the claimant's employer, if a 910
self-insuring employer, or the bureau, shall withhold from any 911
amount to which the claimant becomes entitled pursuant to any 912
claim, past, present, or future, under Chapter 4121., 4123., 913
4127., or 4131. of the Revised Code, the amount of previously paid 914
compensation to the claimant which, due to reversal upon appeal, 915
the claimant is not entitled, pursuant to the following criteria:916

       (1) No withholding for the first twelve weeks of temporary 917
total disability compensation pursuant to section 4123.56 of the 918
Revised Code shall be made;919

       (2) Forty per cent of all awards of compensation paid 920
pursuant to sections 4123.56 and 4123.57 of the Revised Code, 921
until the amount overpaid is refunded;922

       (3) Twenty-five per cent of any compensation paid pursuant to 923
section 4123.58 of the Revised Code until the amount overpaid is 924
refunded;925

       (4) If, pursuant to an appeal under section 4123.512 of the 926
Revised Code, the court of appeals or the supreme court reverses 927
the allowance of the claim, then no amount of any compensation 928
will be withheld.929

       The administrator and self-insuring employers, as 930
appropriate, are subject to the repayment schedule of this 931
division only with respect to an order to pay compensation that 932
was properly paid under a previous order, but which is 933
subsequently reversed upon an administrative or judicial appeal. 934
The administrator and self-insuring employers are not subject to, 935
but may utilize, the repayment schedule of this division, or any 936
other lawful means, to collect payment of compensation made to a 937
person who was not entitled to the compensation due to fraud as 938
determined by the administrator or the industrial commission.939

       (L) If a staff hearing officer or the commission fails to 940
issue a decision or the commission fails to refuse to hear an 941
appeal within the time periods required by this section, payments 942
to a claimant shall cease until the staff hearing officer or 943
commission issues a decision or hears the appeal, unless the 944
failure was due to the fault or neglect of the employer or the 945
employer agrees that the payments should continue for a longer 946
period of time.947

       (M) Except as otherwise provided in this section or section 948
4123.522 of the Revised Code, no appeal is timely filed under this 949
section unless the appeal is filed with the time limits set forth 950
in this section.951

       (N) No person who is not an employee of the bureau or 952
commission or who is not by law given access to the contents of a 953
claims file shall have a file in the person's possession.954

       (O) Upon application of a party who resides in an area in 955
which an emergency or disaster is declared, the industrial 956
commission and hearing officers of the commission may waive the 957
time frame within which claims and appeals of claims set forth in 958
this section must be filed upon a finding that the applicant was 959
unable to comply with a filing deadline due to an emergency or a 960
disaster. 961

       As used in this division:962

       (1) "Emergency" means any occasion or instance for which the 963
governor of Ohio or the president of the United States publicly 964
declares an emergency and orders state or federal assistance to 965
save lives and protect property, the public health and safety, or 966
to lessen or avert the threat of a catastrophe.967

       (2) "Disaster" means any natural catastrophe or fire, flood, 968
or explosion, regardless of the cause, that causes damage of 969
sufficient magnitude that the governor of Ohio or the president of 970
the United States, through a public declaration, orders state or 971
federal assistance to alleviate damage, loss, hardship, or 972
suffering that results from the occurrence.973

       Sec. 4123.513.  (A) Except as otherwise provided in divisions 974
(B) and (C) of this section, if a claim is denied because the 975
claimant is, or if the claimant is a dependent of an individual 976
who died as a result of suffering an injury or contracting an 977
occupational disease, that individual was an unauthorized alien, 978
the claimant's employer or the individual's employer is not liable 979
to that claimant for damages suffered by reason of personal injury 980
sustained or occupational disease contracted in the course of 981
employment caused by the wrongful act or omission or neglect of 982
the employer. For such a claimant, filing a claim under Chapter 983
4121., 4123., 4127., or 4131. of the Revised Code is the exclusive 984
remedy against the employer on account of injury, disease, or 985
death in the course of and arising out of the claimant's or 986
deceased employee's employment. Notwithstanding section 4123.77 of 987
the Revised Code and except as provided in division (B) of this 988
section, an irrebuttable presumption exists that the individual 989
assumed the risk of incurring an injury or contracting an 990
occupational disease at the workplace, or dying as a result of 991
such an injury or occupational disease, when performing services 992
or providing labor for that employer.993

       (B) An employer is liable to a claimant whose claim is denied 994
because the claimant is or the deceased individual who is the 995
subject of the claim was an unauthorized alien for damages 996
suffered by reason of personal injury sustained or occupational 997
disease contracted in the course of employment caused by the 998
wrongful act or omission or neglect of the employer if the 999
claimant establishes, by clear and convincing evidence, that the 1000
employer employed the claimant or the deceased individual knowing 1001
that the claimant or deceased individual was not authorized to 1002
work under section 101(a) of the "Immigration Reform and Control 1003
Act of 1986," 100 Stat. 3360, 8 U.S.C. 1324a, on the date the 1004
claimant or deceased individual suffered the injury or contracted 1005
the occupational disease and that such knowledge was not solely 1006
the result of communications made by the claimant or the deceased 1007
individual to the employer. An employer may not assert any of the 1008
common law defenses listed in section 4123.77 of the Revised Code 1009
in an action brought against the employer pursuant to this 1010
section.1011

       (C) Nothing in this section shall be construed to prevent a 1012
claimant whose claim is denied because the claimant is or the 1013
deceased individual who is the subject of the claim was an 1014
unauthorized alien from bringing a claim under section 2745.01 of 1015
the Revised Code against an employer in a court of competent 1016
jurisdiction for an intentional tort allegedly committed by the 1017
employer against the claimant or deceased individual who was the 1018
subject of the claim.1019

       Section 2.  That existing sections 2743.02, 2744.02, 2913.48, 1020
4123.01, and 4123.511 of the Revised Code are hereby repealed.1021

       Section 3.  This act applies to claims arising on or after 1022
the effective date of this act.1023

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