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The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. Updates may be slower during some times of the year, depending on the volume of enacted legislation.

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Offense: DUS FAIL PAY/APR - CH SUP
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Section 4123.88 | False representation or solicitation of authority.

...han members of the commission or to the superior of the employee except upon authorization of the administrator of workers' compensation or a member of the commission or upon authorization of the claimant or employer. (B) The records described or referred to in division (A) of this section are not public records as defined in division (A)(1) of section 149.43 of the Revised Code. Any information directly or indire...

Section 4123.89 | Minor is sui juris - additional award for violation.

... When it is found upon hearing by the industrial commission that an injury, occupational disease, or death of a minor working in employment which is prohibited by any law enacted by the general assembly was directly caused by a hazard of such prohibited employment, the commission shall assess an additional award of one hundred per cent of the maximum award established by law, to the amount of the compensation that ma...

Section 4123.90 | Retaliation for filing a claim, discrimination against out-of-country dependents prohibited.

... any discrimination against the widows, children, or other dependents who reside in a foreign country. The bureau, commission, or any other board or court, in determining the amount of compensation to be paid to the dependents of killed employees, shall pay to the alien dependents residing in foreign countries the same benefits as to those dependents residing in this state. No employer shall discharge, demote, reas...

Section 4123.91 | Information from consular officials.

...side to the consular district within which the killed employee lived at the time of his decease, shall furnish the necessary information regarding the dependents of killed employees so that the bureau of workers' compensation may transmit to the dependents the funds provided for in this chapter.

Section 4123.92 | Attorney general, prosecuting attorney - prosecution and defense of actions.

...roceedings for the enforcement of this chapter, or for the recovery of any money due the state insurance fund, or any penalty, and shall defend in like manner all suits, actions, or proceedings brought against the administrator, the bureau of workers' compensation board of directors, industrial commission, or the members of the board, or industrial commission in their official capacity.

Section 4123.93 | Subrogation definitions.

... benefits, or death benefits under this chapter or Chapter 4121., 4127., or 4131. of the Revised Code. (B) "Statutory subrogee" means the administrator of workers' compensation, a self-insuring employer, or an employer that contracts for the direct payment of medical services pursuant to division (P) of section 4121.44 of the Revised Code. (C) "Third party" means an individual, private insurer, public or private en...

Section 4123.931 | Statutory subrogee subrogated to rights of claimant against third party.

...mpensation or benefits pursuant to this chapter or Chapter 4121., 4127., or 4131., of the Revised Code creates a right of recovery in favor of a statutory subrogee against a third party, and the statutory subrogee is subrogated to the rights of a claimant against that third party. The net amount recovered is subject to a statutory subrogee's right of recovery. (B) If a claimant, statutory subrogee, and third party s...

Section 4123.932 | Claims likely to be subrogated by a third party.

...this section. (2) If the administrator fails to make a determination under division (D)(1) of this section within the time required, the administrator shall charge the claim for which the request was made to the surplus fund account pursuant to this section. (E) This section does not apply if the employer of the employee who is the subject of the claim is the state or a state institution of higher education, includ...

Section 4123.94 | Preference of judgments.

...y the state under the authority of this chapter shall have the same preference against the assets of the employer as is allowed by law on judgments rendered for claims for taxes.

Section 4123.95 | Liberal construction of chapter.

...Sections 4123.01 to 4123.94, inclusive, of the Revised Code shall be liberally construed in favor of employees and the dependents of deceased employees.

Section 4123.96 | Solicitation of claims prohibited.

...ice, or represent parties, before the industrial commission or the bureau of workers' compensation.

Section 4123.99 | Penalty.

...sdemeanor. Whoever purposely violates such section is guilty of a misdemeanor of the second degree. (C) Whoever violates section 4123.81 of the Revised Code is guilty of a minor misdemeanor. (D) Whoever violates section 4123.88 of the Revised Code is guilty of a misdemeanor of the second degree. (E) Whoever violates section 4123.417 of the Revised Code is guilty of a misdemeanor of the second degree, and the perso...

Section 4125.01 | Definitions.

...n a permanent basis, not as a temporary supplement to the client employer's workforce, who is coemployed by a professional employer organization and a client employer pursuant to a professional employer organization agreement. (H) "Trade secret" has the same meaning as in section 1333.61 of the Revised Code. (I) "Working capital" means the excess of current assets over current liabilities as determined by general...

Section 4125.02 | Administrator of Bureau of Workers' Compensation to enforce chapter.

...n shall adopt rules in accordance with Chapter 119. of the Revised Code to administer and enforce this chapter, including rules to administer and enforce division (B) of section 4125.03 of the Revised Code. The administrator may adopt rules for the acceptance of electronic filings in accordance with Chapter 1306. of the Revised Code for applications, documents, reports, and other filings required by this cha...

Section 4125.03 | Duties of organization regarding shared employee - right of control.

...oyer's business, including training and supervising shared employees; (2) Ensure the quality, adequacy, and safety of the goods or services produced or sold in the client employer's business; (3) Discharge any fiduciary responsibility that the client employer may have; (4) Comply with any applicable licensure, regulatory, or statutory requirement of the client employer. (E) Unless otherwise agreed to in t...

Section 4125.04 | Organization is employer of record - workers' compensation as exclusive remedy.

...pensation experience rating pursuant to Chapter 4123. of the Revised Code. (B) Pursuant to Section 35 of Article II, Ohio Constitution, and section 4123.74 of the Revised Code, the exclusive remedy for a shared employee to recover for injuries, diseases, or death incurred in the course of and arising out of the employment relationship against either the professional employer organization or the client employer are t...

Section 4125.041 | Status as shared employee for purposes of insurance, bonds, and employer liability.

...oyer liability not otherwise covered by Chapters 4121. and 4123. of the Revised Code, or liquor liability insurance carried by the professional employer organization, unless the professional employer organization agreement and applicable prearranged employment contract, insurance contract, or bond specifically states otherwise. A shared employee shall be considered an employee of the professional employer organiza...

Section 4125.042 | Determination of tax credit and other economic incentives.

... or economic incentive and necessary to support any request, claim, application, or other action by a client employer seeking the tax credit or economic incentive. (B) Shared employees whose services are subject to sales tax shall be considered the employees of the client employer for purposes of collecting and levying sales tax on the services performed by the shared employee. Nothing contained in this chapte...

Section 4125.05 | Registration with administrator - security -confidentiality - fee.

...ator. Following initial registration, each professional employer organization shall register with the administrator annually on or before the thirty-first day of December. Commonly owned or controlled applicants may register as a professional employer organization reporting entity or register individually. Registration as a part of a professional employer organization reporting entity shall not disqualify an individu...

Section 4125.051 | Working capital requirements.

...yer organization reporting entity of which the professional employer organization is a member, shall maintain positive working capital at initial or annual registration, as reflected in the financial statements submitted to the bureau. If a deficit in working capital is reflected in the financial statements submitted to the bureau, the professional employer organization or the professional employer organization repor...

Section 4125.06 | Denial or revocation of registration - stay of decision - procedure on revocation.

...trated financial irresponsibility; (4) Failed to appear, without reasonable cause or excuse, in response to a subpoena lawfully issued by the administrator; (5) Failed to comply with the requirements of this chapter. (B) The administrator's decision to deny or revoke a professional employer organization's registration or to rescind its status as a coemployer is stayed pending the exhaustion of all administrative a...

Section 4125.07 | Workers' compensation lease termination notice; self-insuring employers; report regarding transfer of employees.

... the professional employer organization fails to provide information requested by the administrator under division (C)(1) or (2) of this section. (D) The administrator shall use the information provided under division (C) of this section to develop a state fund experience modification factor for each client employer involved in a lease termination with a professional employer organization that is a self-insuring emp...

Section 4125.08 | Professional license requirements unaffected - shared employee is employee of client employer.

...Nothing in this chapter exempts a professional employer organization, client employer, or shared employee from any applicable federal, state, or local licensing, registration, or certification statutes or regulations. An individual required to obtain and maintain a license, registration, or certification under law and who is a shared employee of a professional employer organization and a client employer is an e...

Section 4125.09 | Existing collective bargaining agreement unaffected.

...Nothing contained in this chapter or in any professional employer organization agreement shall affect, modify, or amend any collective bargaining agreement that exists on the effective date of this section. Nothing in this chapter shall alter the rights or obligations of any client employer, professional employer organization, or shared employee under the "National Labor Relations Act," 49 Stat. 449, 29 U.S.C.A. 151 ...

Section 4125.10 | Clarification of rights and liabilities of professional employer organizations and client employers.

...Nothing contained in this chapter or in any professional employer organization agreement shall do any of the following: (A) Diminish, abolish, or remove the rights and obligations of client employers and shared employees existing prior to the effective date of the professional employer organization agreement; (B) Affect, modify, or amend any contractual relationship or restrictive covenant between a shared e...