Bill Text: OH SB252 | 2013-2014 | 130th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 252

Senator Patton 

Cosponsors: Senators Hughes, Turner, Brown, Schiavoni, Kearney 

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A BILL

To amend sections 4123.01 and 4123.026 of the Revised

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Code to make peace officers and firefighters

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diagnosed with post-traumatic stress disorder

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arising from employment without an accompanying

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physical injury eligible for compensation and

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benefits under Ohio's Workers' Compensation Law.

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

Section 1. That sections 4123.01 and 4123.026 of the Revised	7
Code be amended to read as follows:	8

Sec. 4123.01.  As used in this chapter:

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(A)(1) "Employee" means:

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(a) Every person in the service of the state, or of any	11
county, municipal corporation, township, or school district	12
therein, including regular members of lawfully constituted police	13
and fire departments of municipal corporations and townships,	14
whether paid or volunteer, and wherever serving within the state	15
or on temporary assignment outside thereof, and executive officers	16
of boards of education, under any appointment or contract of hire,	17
express or implied, oral or written, including any elected	18
official of the state, or of any county, municipal corporation, or	19
township, or members of boards of education.	20

As used in division (A)(1)(a) of this section, the term	21
"employee" includes the following persons when responding to an	22
inherently dangerous situation that calls for an immediate	23
response on the part of the person, regardless of whether the	24
person is within the limits of the jurisdiction of the person's	25
regular employment or voluntary service when responding, on the	26
condition that the person responds to the situation as the person	27
otherwise would if the person were on duty in the person's	28
jurisdiction:	29

(i) Off-duty peace officers. As used in division (A)(1)(a)(i)	30
of this section, "peace officer" has the same meaning as in	31
section 2935.01 of the Revised Code.;	32

(ii) Off-duty firefighters, whether paid or volunteer, of a	33
lawfully constituted fire department.;	34

(iii) Off-duty first responders, emergency medical	35
technicians-basic, emergency medical technicians-intermediate, or	36
emergency medical technicians-paramedic, whether paid or	37
volunteer, of an ambulance service organization or emergency	38
medical service organization pursuant to Chapter 4765. of the	39
Revised Code.	40

(b) Every person in the service of any person, firm, or	41
private corporation, including any public service corporation,	42
that (i) employs one or more persons regularly in the same	43
business or in or about the same establishment under any contract	44
of hire, express or implied, oral or written, including aliens and	45
minors, household workers who earn one hundred sixty dollars or	46
more in cash in any calendar quarter from a single household and	47
casual workers who earn one hundred sixty dollars or more in cash	48
in any calendar quarter from a single employer, or (ii) is bound	49
by any such contract of hire or by any other written contract, to	50
pay into the state insurance fund the premiums provided by this	51
chapter.	52

(c) Every person who performs labor or provides services	53
pursuant to a construction contract, as defined in section 4123.79	54
of the Revised Code, if at least ten of the following criteria	55
apply:	56

(i) The person is required to comply with instructions from	57
the other contracting party regarding the manner or method of	58
performing services;	59

(ii) The person is required by the other contracting party to	60
have particular training;	61

(iii) The person's services are integrated into the regular	62
functioning of the other contracting party;	63

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

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(v) The person is hired, supervised, or paid by the other	65
contracting party;	66

(vi) A continuing relationship exists between the person and	67
the other contracting party that contemplates continuing or	68
recurring work even if the work is not full time;	69

(vii) The person's hours of work are established by the other	70
contracting party;	71

(viii) The person is required to devote full time to the	72
business of the other contracting party;	73

(ix) The person is required to perform the work on the	74
premises of the other contracting party;	75

(x) The person is required to follow the order of work set by	76
the other contracting party;	77

(xi) The person is required to make oral or written reports	78
of progress to the other contracting party;	79

(xii) The person is paid for services on a regular basis such	80
as hourly, weekly, or monthly;	81

(xiii) The person's expenses are paid for by the other	82
contracting party;	83

(xiv) The person's tools and materials are furnished by the	84
other contracting party;	85

(xv) The person is provided with the facilities used to	86
perform services;	87

(xvi) The person does not realize a profit or suffer a loss	88
as a result of the services provided;	89

(xvii) The person is not performing services for a number of	90
employers at the same time;	91

(xviii) The person does not make the same services available	92
to the general public;	93

(xix) The other contracting party has a right to discharge	94
the person;	95

(xx) The person has the right to end the relationship with	96
the other contracting party without incurring liability pursuant	97
to an employment contract or agreement.	98

Every person in the service of any independent contractor or	99
subcontractor who has failed to pay into the state insurance fund	100
the amount of premium determined and fixed by the administrator of	101
workers' compensation for the person's employment or occupation or	102
if a self-insuring employer has failed to pay compensation and	103
benefits directly to the employer's injured and to the dependents	104
of the employer's killed employees as required by section 4123.35	105
of the Revised Code, shall be considered as the employee of the	106
person who has entered into a contract, whether written or verbal,	107
with such independent contractor unless such employees or their	108
legal representatives or beneficiaries elect, after injury or	109
death, to regard such independent contractor as the employer.	110

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

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(i) The person is a resident of a state other than this state	112
and is covered by that other state's workers' compensation law;	113

(ii) The person performs labor or provides services for that	114
person's employer while temporarily within this state;	115

(iii) The laws of that other state do not include the	116
provisions described in division (H)(4) of section 4123.54 of the	117
Revised Code.	118

(2) "Employee" does not mean:

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(a) A duly ordained, commissioned, or licensed minister or	120
assistant or associate minister of a church in the exercise of	121
ministry;	122

(b) Any officer of a family farm corporation;

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(c) An individual incorporated as a corporation; or

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(d) An individual who otherwise is an employee of an employer	125
but who signs the waiver and affidavit specified in section	126
4123.15 of the Revised Code on the condition that the	127
administrator has granted a waiver and exception to the	128
individual's employer under section 4123.15 of the Revised Code.	129

Any employer may elect to include as an "employee" within	130
this chapter, any person excluded from the definition of	131
"employee" pursuant to division (A)(2) of this section. If an	132
employer is a partnership, sole proprietorship, individual	133
incorporated as a corporation, or family farm corporation, such	134
employer may elect to include as an "employee" within this	135
chapter, any member of such partnership, the owner of the sole	136
proprietorship, the individual incorporated as a corporation, or	137
the officers of the family farm corporation. In the event of an	138
election, the employer shall serve upon the bureau of workers'	139
compensation written notice naming the persons to be covered,	140
include such employee's remuneration for premium purposes in all	141
future payroll reports, and no person excluded from the definition	142
of "employee" pursuant to division (A)(2) of this section,	143
proprietor, individual incorporated as a corporation, or partner	144
shall be deemed an employee within this division until the	145
employer has served such notice.	146

For informational purposes only, the bureau shall prescribe	147
such language as it considers appropriate, on such of its forms as	148
it considers appropriate, to advise employers of their right to	149
elect to include as an "employee" within this chapter a sole	150
proprietor, any member of a partnership, an individual	151
incorporated as a corporation, the officers of a family farm	152
corporation, or a person excluded from the definition of	153
"employee" under division (A)(2) of this section, that they should	154
check any health and disability insurance policy, or other form of	155
health and disability plan or contract, presently covering them,	156
or the purchase of which they may be considering, to determine	157
whether such policy, plan, or contract excludes benefits for	158
illness or injury that they might have elected to have covered by	159
workers' compensation.	160

(B) "Employer" means:

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(1) The state, including state hospitals, each county,	162
municipal corporation, township, school district, and hospital	163
owned by a political subdivision or subdivisions other than the	164
state;	165

(2) Every person, firm, professional employer organization as	166
defined in section 4125.01 of the Revised Code, and private	167
corporation, including any public service corporation, that (a)	168
has in service one or more employees or shared employees regularly	169
in the same business or in or about the same establishment under	170
any contract of hire, express or implied, oral or written, or (b)	171
is bound by any such contract of hire or by any other written	172
contract, to pay into the insurance fund the premiums provided by	173
this chapter.	174

All such employers are subject to this chapter. Any member of	175
a firm or association, who regularly performs manual labor in or	176
about a mine, factory, or other establishment, including a	177
household establishment, shall be considered an employee in	178
determining whether such person, firm, or private corporation, or	179
public service corporation, has in its service, one or more	180
employees and the employer shall report the income derived from	181
such labor to the bureau as part of the payroll of such employer,	182
and such member shall thereupon be entitled to all the benefits of	183
an employee.	184

(C) "Injury" includes any injury, whether caused by external	185
accidental means or accidental in character and result, received	186
in the course of, and arising out of, the injured employee's	187
employment. "Injury" does not include:	188

(1) Psychiatric conditions except whereas follows:

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(a) Where the claimant's psychiatric conditions have arisen	190
from an injury or occupational disease sustained by that claimant	191
or where;	192

(b) Where the claimant's psychiatric conditions have arisen	193
from sexual conduct in which the claimant was forced by threat of	194
physical harm to engage or participate;	195

(c) Where the claimant is a peace officer or firefighter and	196
is diagnosed with post-traumatic stress disorder that has arisen	197
from the claimant's employment as a peace officer or a	198
firefighter.	199

(2) Injury or disability caused primarily by the natural	200
deterioration of tissue, an organ, or part of the body;	201

(3) Injury or disability incurred in voluntary participation	202
in an employer-sponsored recreation or fitness activity if the	203
employee signs a waiver of the employee's right to compensation or	204
benefits under this chapter prior to engaging in the recreation or	205
fitness activity;	206

(4) A condition that pre-existed an injury unless that	207
pre-existing condition is substantially aggravated by the injury.	208
Such a substantial aggravation must be documented by objective	209
diagnostic findings, objective clinical findings, or objective	210
test results. Subjective complaints may be evidence of such a	211
substantial aggravation. However, subjective complaints without	212
objective diagnostic findings, objective clinical findings, or	213
objective test results are insufficient to substantiate a	214
substantial aggravation.	215

(D) "Child" includes a posthumous child and a child legally	216
adopted prior to the injury.	217

(E) "Family farm corporation" means a corporation founded for	218
the purpose of farming agricultural land in which the majority of	219
the voting stock is held by and the majority of the stockholders	220
are persons or the spouse of persons related to each other within	221
the fourth degree of kinship, according to the rules of the civil	222
law, and at least one of the related persons is residing on or	223
actively operating the farm, and none of whose stockholders are a	224
corporation. A family farm corporation does not cease to qualify	225
under this division where, by reason of any devise, bequest, or	226
the operation of the laws of descent or distribution, the	227
ownership of shares of voting stock is transferred to another	228
person, as long as that person is within the degree of kinship	229
stipulated in this division.	230

(F) "Occupational disease" means a disease contracted in the	231
course of employment, which by its causes and the characteristics	232
of its manifestation or the condition of the employment results in	233
a hazard which distinguishes the employment in character from	234
employment generally, and the employment creates a risk of	235
contracting the disease in greater degree and in a different	236
manner from the public in general.	237

(G) "Self-insuring employer" means an employer who is granted	238
the privilege of paying compensation and benefits directly under	239
section 4123.35 of the Revised Code, including a board of county	240
commissioners for the sole purpose of constructing a sports	241
facility as defined in section 307.696 of the Revised Code,	242
provided that the electors of the county in which the sports	243
facility is to be built have approved construction of a sports	244
facility by ballot election no later than November 6, 1997.	245

(H) "Public employer" means an employer as defined in	246
division (B)(1) of this section.	247

(I) "Sexual conduct" means vaginal intercourse between a male	248
and female; anal intercourse, fellatio, and cunnilingus between	249
persons regardless of gender; and, without privilege to do so, the	250
insertion, however slight, of any part of the body or any	251
instrument, apparatus, or other object into the vaginal or anal	252
cavity of another. Penetration, however slight, is sufficient to	253
complete vaginal or anal intercourse.	254

(J) "Other-states' insurer" means an insurance company that	255
is authorized to provide workers' compensation insurance coverage	256
in any of the states that permit employers to obtain insurance for	257
workers' compensation claims through insurance companies.	258

(K) "Other-states' coverage" means insurance coverage	259
purchased by an employer for workers' compensation claims that	260
arise in a state or states other than this state and that are	261
filed by the employees of the employer or those employee's	262
dependents, as applicable, in that other state or those other	263
states.	264

(L) "Peace officer" has the same meaning as in section	265
2935.01 of the Revised Code.	266

Sec. 4123.026. (A) The administrator of workers'	267
compensation, or a self-insuring public employer for the peace	268
officers, firefighters, and emergency medical workers employed by	269
or volunteering for that self-insuring public employer, shall pay	270
the costs of conducting post-exposure medical diagnostic services,	271
consistent with the standards of medical care existing at the time	272
of the exposure, to investigate whether an injury or occupational	273
disease was sustained by a peace officer, firefighter, or	274
emergency medical worker when coming into contact with the blood	275
or other body fluid of another person in the course of and arising	276
out of the peace officer's, firefighter's, or emergency medical	277
worker's employment, or when responding to an inherently dangerous	278
situation in the manner described in, and in accordance with the	279
conditions specified under, division (A)(1)(a) of section 4123.01	280
of the Revised Code, through any of the following means:	281

(1) Splash or spatter in the eye or mouth, including when	282
received in the course of conducting mouth-to-mouth resuscitation;	283

(2) A puncture in the skin;

284

(3) A cut in the skin or another opening in the skin such as	285
an open sore, wound, lesion, abrasion, or ulcer.	286

(B) As used in this section:

287

(1) "Peace officer" has the same meaning as in section	288
2935.01 of the Revised Code.	289

(2) "Firefighter" means a firefighter, whether paid or	290
volunteer, of a lawfully constituted fire department.	291

(3)(2) "Emergency medical worker" means a first responder,	292
emergency medical technician-basic, emergency medical	293
technician-intermediate, or emergency medical	294
technician-paramedic, certified under Chapter 4765. of the Revised	295
Code, whether paid or volunteer.	296

Section 2. That existing sections 4123.01 and 4123.026 of the	297
Revised Code are hereby repealed.	298