(A) Except for payments made to claimants under a contract of hire or under a collective bargaining agreement by an employer that is a professional sports franchise domiciled in Ohio, whenever a claimant and the employer advise the bureau of workers' compensation in writing that wages or sick leave were paid or advancements were made solely for the purpose of assisting the claimant in obtaining necessary maintenance and care during a period not to exceed twelve weeks following an injury sustained or occupational disease contracted by the claimant in the course of and arising out of employment, particularly while a claim for compensation is being acted upon by the bureau, and the claimant and employer had mutually agreed that the employer is to be reimbursed, at least to the extent of any compensation paid to the claimant over the same period in which the wages were paid or the advancements made, the bureau shall issue warrants in payment of compensation awarded for a period not to exceed twelve weeks commencing from the date of such an injury or beginning of disability, which warrants are to be mailed to the claimant in care of the employer with instructions that the warrants are to be endorsed personally by the claimant. The bureau will not honor the agreement unless the written notice of the agreement is signed by the employer and claimant and filed with the bureau within thirty days of the beginning date of payment of wages, sick leave, or advancement. Failure to comply otherwise with the terms of this rule may result in the bureau's refusal to honor the terms of the agreement between the employer and the claimant. Within thirty days of the end date of payment of wages, sick leave, or advancement, the employer or claimant shall provide written notice to the bureau. The warrants to be sent in care of the employer are not to be in payment of compensation for disability in excess of a period of twelve weeks closely following the date of injury or beginning of disability, unless under special circumstances the bureau authorizes the sending of warrants in payment of compensation for disability beyond the twelve weeks in care of the employer.
(B) Whenever an employer that is a professional sports franchise domiciled in Ohio makes payment pursuant to the terms of a contract of hire or a collective bargaining agreement during a period of disability resulting from the injury or occupational disease, the aggregate amount of such payments shall be deemed an advanced payment. Upon the filing of proof of such payments, compensation payments under sections 4123.56 to 4123.58 of the Revised Code shall be reimbursed by the bureau directly to the employer if it is a state fund employer unless payment has been made to the claimant prior to the bureau's receipt of the employer's proof of an advanced payment. Self-insured employers shall apply the aggregate amount of advanced payments to a claimant to offset that claimant's future payments of compensation under section 4123.56 to 4123.58 of the Revised Code. Employer reimbursements and offsets shall apply only where the employee's application for compensation is pending on or after August 22, 1986.
(C) Where a claimant is entitled to vacation with pay, payment of wages for a vacation period during the period of temporary disability resulting from injury or occupational disease shall not be deemed an advancement nor shall such payment be applied to offset any temporary total compensation payable for that period of time.
If the employer and claimant agree in writing, supplemental sick leave benefits may be paid in addition to temporary total compensation, and payment of the supplemental sick leave benefits shall not be deemed an advancement nor shall such payment be applied to offset any temporary total compensation payable for that period of time.
Where claimants are paid a regular salary during the period of disability on any other basis , sick leave, payment of compensation for temporary disability cannot be paid so long as such regular salary or wages are paid, unless the claimant and the employer notify the bureau in writing pursuant to paragraph (A) of this rule.
Five Year Review (FYR) Dates: 9/27/2019 and 12/01/2024
Promulgated Under: 119.03
Statutory Authority: 4121.12, 4121.121, 4121.30, 4121.31
Rule Amplifies: 4123.05
Prior Effective Dates: 01/09/1967, 01/16/1978, 08/22/1986 (Emer.), 11/08/1986, 08/15/2007, 11/05/2009, 09/01/2014