123:1-33-08 Subsequent disability.

(A) A subsequent disability unrelated to a previous illness, injury, or condition shall be considered the same claim if it occurs while an employee is on an approved disability leave.

(B) A subsequent unrelated disability that occurs following a previously requested disability leave benefit period shall be considered a new claim. A new waiting period must be served before the employee will be eligible to receive disability leave benefits.

(C) Except as provide in paragraph (F) of this rule, a subsequent related disability that occurs within six months of an employee’s return to active work status and following a previously requested disability leave benefit that was filed before October 29, 2006 shall be considered a new claim. A new waiting period must be served before the employee will be eligible to receive disability leave benefits.

(D) Except as provided in paragraph (F) of this rule, a subsequent related disability that occurs within six months of an employee’s return to active work status and following a previously requested disability leave benefit that was filed on or after October 29, 2006 will be considered the same disability claim. Benefits may be payable from the first day of the subsequent disability if the employee remains disabled and of work for at least fourteen consecutive calendar days.

(E) A related disability that occurs beyond six months of the employee’s return to active work status will be considered a new disability claim. A new waiting period must be served before the employee will be eligible to receive disability leave benefits.

(F) A subsequent related disability that occurs while the employee is participating in an authorized work program will be considered the same disability. Benefits may be payable from the first day of the subsequent disability if the employee remains disabled and off work for at least fourteen consecutive calendar days. The rate of payment for a related disability will be based on the rate of the original disability claim.

Effective: 10/29/2006

R.C. 119.032 review dates: 10/29/2011

Promulgated Under: 119.03

Statutory Authority: 124.09(A)

Rule Amplifies: 124.385