Bill Text: OH HB246 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To provide that a firefighter, police officer, or public emergency medical services worker who is disabled as a result of specified types of cancer or certain contagious or infectious diseases is presumed for purposes of the laws governing workers' compensation and the Ohio Police and Fire Pension Fund to have incurred the disease while performing official duties as a firefighter, police officer, or public emergency medical services worker.

Spectrum: Moderate Partisan Bill (Democrat 15-3)

Status: (Introduced - Dead) 2009-06-30 - To Aging & Disability Services [HB246 Detail]

Download: Ohio-2009-HB246-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 246

Representatives Yuko, Stewart 

Cosponsors: Representatives Garland, Mallory, Pillich, Hagan, Murray, Foley, Patten, Luckie, Lundy, Winburn, Boyd, Chandler, Slesnick, Letson, Snitchler, Oelslager 

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A BILL

To amend sections 742.38, 4123.57, and 4123.68 of the

1

Revised Code to provide that a firefighter, police

2

officer, or public emergency medical services

3

worker who is disabled as a result of specified

4

types of cancer or certain contagious or

5

infectious diseases is presumed for purposes of

6

the laws governing workers' compensation and the

7

Ohio Police and Fire Pension Fund to have

8

incurred the disease while performing official

9

duties as a firefighter, police officer, or

10

public emergency medical services worker.

11

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

Section 1. That sections 742.38, 4123.57, and 4123.68 of the	12
Revised Code be amended to read as follows:	13

Sec. 742.38.  (A)(1) The board of trustees of the Ohio police	14
and fire pension fund shall adopt rules establishing minimum	15
medical testing and diagnostic standards or procedures to be	16
incorporated into physical examinations administered by physicians	17
to prospective members of the fund. The standards or procedures	18
shall include diagnosis and evaluation of the existence of any	19
heart disease, cardiovascular disease, or respiratory disease. The	20
rules shall specify the form of the physician's report and the	21
information to be included in it.	22

The board shall notify all employers of the establishment of	23
the minimum standards or procedures and shall include with the	24
notice a copy of the standards or procedures. The board shall	25
notify all employers of any changes made to the standards or	26
procedures. Once the standards or procedures take effect,	27
employers shall cause each prospective member of the fund to	28
submit to a physical examination that incorporates the standards	29
or procedures.	30

(2) Division (A)(2) of this section applies to an employee	31
who becomes a member of the fund on or after the date the minimum	32
standards or procedures described in division (A)(1) of this	33
section take effect. For each employee described in division	34
(A)(2) of this section, the employer shall forward to the board a	35
copy of the physician's report of a physical examination that	36
incorporates the standards or procedures described in division	37
(A)(1) of this section. If an employer fails to forward the report	38
in the form required by the board on or before the date that is	39
sixty days after the employee becomes a member of the fund, the	40
board shall assess against the employer a penalty determined under	41
section 742.353 of the Revised Code.	42

(B) Application for a disability benefit may be made by a	43
member of the fund or, if the member is incapacitated as defined	44
in rules adopted by the board, by a person acting on the member's	45
behalf. Not later than fourteen days after receiving an	46
application for a disability benefit from a member or a person	47
acting on behalf of a member, the board shall notify the member's	48
employer that an application has been filed. The notice shall	49
state the member's position or rank. Not later than twenty-eight	50
days after receiving the notice or filing an application on behalf	51
of a member, the employer shall forward to the board a statement	52
certifying the member's job description and any other information	53
required by the board to process the application.	54

If the member applying for a disability benefit becomes a	55
member of the fund prior to the date the minimum standards or	56
procedures described in division (A)(1) of this section take	57
effect, the board may request from the member's employer a copy of	58
the physician's report of the member's physical examination taken	59
on entry into the police or fire department or, if the employer	60
does not have a copy of the report, a written statement certifying	61
that the employer does not have a copy of the report. If an	62
employer fails to forward the report or statement in the form	63
required by the board on or before the date that is twenty-eight	64
days after the date of the request, the board shall assess against	65
the employer a penalty determined under section 742.353 of the	66
Revised Code. The board shall maintain the information submitted	67
under this division and division (A)(2) of this section in the	68
member's file.	69

(C) For purposes of determining under division (D) of this	70
section whether a member of the fund is disabled, the board shall	71
adopt rules establishing objective criteria under which the board	72
shall make the determination. The rules shall include standards	73
that provide for all of the following:	74

(1) Evaluating a member's illness or injury on which an	75
application for disability benefits is based;	76

(2) Defining the occupational duties of a police officer or	77
firefighter;	78

(3) Providing for the board to assign competent and	79
disinterested physicians and vocational evaluators to conduct	80
examinations of a member;	81

(4) Requiring a written report for each disability	82
application that includes a summary of findings, medical opinions,	83
including an opinion on whether the illness or injury upon which	84
the member's application for disability benefits is based was	85
caused or induced by the actual performance of the member's	86
official duties, and any recommendations or comments based on the	87
medical opinions;	88

(5) Providing for the board to consider the member's	89
potential for retraining or reemployment.	90

(D) This division does not apply to members of the fund who	91
have elected to receive benefits and pensions in accordance with	92
division (A) or (B) of section 742.37 of the Revised Code or from	93
a police relief and pension fund or a firemen's relief and pension	94
fund in accordance with the rules of that fund in force on April	95
1, 1947.	96

(1) As used in division (D)(1) of this section:

97

(a) "Totally disabled" means a member of the fund is unable	98
to perform the duties of any gainful occupation for which the	99
member is reasonably fitted by training, experience, and	100
accomplishments. Absolute helplessness is not a prerequisite of	101
being totally disabled.	102

(b) "Permanently disabled" means a condition of disability	103
from which there is no present indication of recovery.	104

A member of the fund who is permanently and totally disabled	105
as the result of the performance of the member's official duties	106
as a member of a police or fire department shall be paid annual	107
disability benefits in accordance with division (A) of section	108
742.39 of the Revised Code. In determining whether a member of the	109
fund is permanently and totally disabled, the board shall consider	110
standards adopted under division (C) of this section applicable to	111
the determination.	112

(2) A member of the fund who is partially disabled as the	113
result of the performance of the member's official duties as a	114
member of a police or fire department shall, if the disability	115
prevents the member from performing those duties and impairs the	116
member's earning capacity, receive annual disability benefits in	117
accordance with division (B) of section 742.39 of the Revised	118
Code. In determining whether a member of the fund is partially	119
disabled, the board shall consider standards adopted under	120
division (C) of this section applicable to the determination.	121

(3)(a) A member of the fund who is disabled as a result of	122
heart disease or any cardiovascular or respiratory disease of a	123
chronic nature, which disease or any evidence of which disease was	124
not revealed by the physical examination passed by the member on	125
entry into the department, is presumed to have incurred the	126
disease while performing the member's official duties, unless the	127
contrary is shown by competent evidence.	128

(b) A member of the fund who is a member of a police	129
department or who is a member of a fire department who has been	130
assigned to at least three years of hazard duty as a member of a	131
fire department, and is disabled as a result of any of the	132
following types of cancer or disease, is presumed to have	133
incurred the cancer or disease while performing the member's	134
official duties:	135

(i) Cancer of the lung, brain, kidney, bladder, rectum,	136
stomach, skin, or prostate;	137

(ii) Non-Hodgkins lymphoma;

138

(iii) Leukemia;

139

(iv) Multiple myeloma;

140

(v) Testicular or colorectal cancer;

141

(vi) A contagious or infectious disease specified in rules	142
adopted pursuant to division (F) of section 3701.248 of the	143
Revised Code.	144

The presumption described in division (D)(3)(b) of this	145
section does not apply if competent evidence to the contrary of	146
the presumption is shown or if the cancer or disease that resulted	147
in a member's disability, or any evidence of that cancer or	148
disease, was revealed by the physical examination passed by the	149
member on entry into the department.	150

(4) A member of the fund who has completed five or more years	151
of active service in a police or fire department and has incurred	152
a disability not caused or induced by the actual performance of	153
the member's official duties as a member of the department, or by	154
the member's own negligence, shall if the disability prevents the	155
member from performing those duties and impairs the member's	156
earning capacity, receive annual disability benefits in accordance	157
with division (C) of section 742.39 of the Revised Code. In	158
determining whether a member of the fund is disabled, the board	159
shall consider standards adopted under division (C) of this	160
section applicable to the determination.	161

(5) The board shall notify a member of its final action	162
awarding a disability benefit to the member within thirty days of	163
the final action. The notice shall be sent by certified mail,	164
return receipt requested. Not later than ninety days after receipt	165
of notice from the board, the member shall elect, on a form	166
provided by the board, either to accept or waive the disability	167
benefit award. If the member elects to waive the disability	168
benefit award or fails to make an election within the time period,	169
the award is rescinded. A member who later seeks a disability	170
benefit award shall be required to make a new application, which	171
shall be dealt with in accordance with the procedures used for	172
original disability benefit applications.	173

A person is not eligible to apply for or receive disability	174
benefits under this division, section 742.39 of the Revised Code,	175
or division (C)(2), (3), (4), or (5) of former section 742.37 of	176
the Revised Code unless the person is a member of the fund on the	177
date on which the application for disability benefits is submitted	178
to the fund.	179

With the exception of persons who may make application for	180
increased benefits as provided in division (D)(2) or (4) of this	181
section or division (C)(3) or (5) of former section 742.37 of the	182
Revised Code on or after July 24, 1986, or persons who may make	183
application for benefits as provided in section 742.26 of the	184
Revised Code, no person receiving a pension or benefit under this	185
section or division (C) of former section 742.37 of the Revised	186
Code may apply for any new, changed, or different benefit.	187

Sec. 4123.57.  Partial disability compensation shall be paid	188
as follows.	189

Except as provided in this section, not earlier than	190
twenty-six weeks after the date of termination of the latest	191
period of payments under section 4123.56 of the Revised Code, or	192
not earlier than twenty-six weeks after the date of the injury or	193
contraction of an occupational disease in the absence of payments	194
under section 4123.56 of the Revised Code, the employee may file	195
an application with the bureau of workers' compensation for the	196
determination of the percentage of the employee's permanent	197
partial disability resulting from an injury or occupational	198
disease.	199

Whenever the application is filed, the bureau shall send a	200
copy of the application to the employee's employer or the	201
employer's representative and shall schedule the employee for a	202
medical examination by the bureau medical section. The bureau	203
shall send a copy of the report of the medical examination to the	204
employee, the employer, and their representatives. Thereafter, the	205
administrator of workers' compensation shall review the employee's	206
claim file and make a tentative order as the evidence before the	207
administrator at the time of the making of the order warrants. If	208
the administrator determines that there is a conflict of evidence,	209
the administrator shall send the application, along with the	210
claimant's file, to the district hearing officer who shall set the	211
application for a hearing.	212

The administrator shall notify the employee, the employer,	213
and their representatives, in writing, of the tentative order and	214
of the parties' right to request a hearing. Unless the employee,	215
the employer, or their representative notifies the administrator,	216
in writing, of an objection to the tentative order within twenty	217
days after receipt of the notice thereof, the tentative order	218
shall go into effect and the employee shall receive the	219
compensation provided in the order. In no event shall there be a	220
reconsideration of a tentative order issued under this division.	221

If the employee, the employer, or their representatives	222
timely notify the administrator of an objection to the tentative	223
order, the matter shall be referred to a district hearing officer	224
who shall set the application for hearing with written notices to	225
all interested persons. Upon referral to a district hearing	226
officer, the employer may obtain a medical examination of the	227
employee, pursuant to rules of the industrial commission.	228

(A) The district hearing officer, upon the application, shall	229
determine the percentage of the employee's permanent disability,	230
except as is subject to division (B) of this section, based upon	231
that condition of the employee resulting from the injury or	232
occupational disease and causing permanent impairment evidenced by	233
medical or clinical findings reasonably demonstrable. The employee	234
shall receive sixty-six and two-thirds per cent of the employee's	235
average weekly wage, but not more than a maximum of thirty-three	236
and one-third per cent of the statewide average weekly wage as	237
defined in division (C) of section 4123.62 of the Revised Code,	238
per week regardless of the average weekly wage, for the number of	239
weeks which equals the percentage of two hundred weeks. Except on	240
application for reconsideration, review, or modification, which is	241
filed within ten days after the date of receipt of the decision of	242
the district hearing officer, in no instance shall the former	243
award be modified unless it is found from medical or clinical	244
findings that the condition of the claimant resulting from the	245
injury has so progressed as to have increased the percentage of	246
permanent partial disability. A staff hearing officer shall hear	247
an application for reconsideration filed and the staff hearing	248
officer's decision is final. An employee may file an application	249
for a subsequent determination of the percentage of the employee's	250
permanent disability. If such an application is filed, the bureau	251
shall send a copy of the application to the employer or the	252
employer's representative. No sooner than sixty days from the date	253
of the mailing of the application to the employer or the	254
employer's representative, the administrator shall review the	255
application. The administrator may require a medical examination	256
or medical review of the employee. The administrator shall issue a	257
tentative order based upon the evidence before the administrator,	258
provided that if the administrator requires a medical examination	259
or medical review, the administrator shall not issue the tentative	260
order until the completion of the examination or review.	261

The employer may obtain a medical examination of the employee	262
and may submit medical evidence at any stage of the process up to	263
a hearing before the district hearing officer, pursuant to rules	264
of the commission. The administrator shall notify the employee,	265
the employer, and their representatives, in writing, of the nature	266
and amount of any tentative order issued on an application	267
requesting a subsequent determination of the percentage of an	268
employee's permanent disability. An employee, employer, or their	269
representatives may object to the tentative order within twenty	270
days after the receipt of the notice thereof. If no timely	271
objection is made, the tentative order shall go into effect. In no	272
event shall there be a reconsideration of a tentative order issued	273
under this division. If an objection is timely made, the	274
application for a subsequent determination shall be referred to a	275
district hearing officer who shall set the application for a	276
hearing with written notice to all interested persons. No	277
application for subsequent percentage determinations on the same	278
claim for injury or occupational disease shall be accepted for	279
review by the district hearing officer unless supported by	280
substantial evidence of new and changed circumstances developing	281
since the time of the hearing on the original or last	282
determination.	283

No award shall be made under this division based upon a	284
percentage of disability which, when taken with all other	285
percentages of permanent disability, exceeds one hundred per cent.	286
If the percentage of the permanent disability of the employee	287
equals or exceeds ninety per cent, compensation for permanent	288
partial disability shall be paid for two hundred weeks.	289

Compensation payable under this division accrues and is	290
payable to the employee from the date of last payment of	291
compensation, or, in cases where no previous compensation has been	292
paid, from the date of the injury or the date of the diagnosis of	293
the occupational disease.	294

When an award under this division has been made prior to the	295
death of an employee, all unpaid installments accrued or to accrue	296
under the provisions of the award are payable to the surviving	297
spouse, or if there is no surviving spouse, to the dependent	298
children of the employee, and if there are no children surviving,	299
then to other dependents as the administrator determines.	300

(B) In cases included in the following schedule the	301
compensation payable per week to the employee is the statewide	302
average weekly wage as defined in division (C) of section 4123.62	303
of the Revised Code per week and shall continue during the periods	304
provided in the following schedule:	305

For the loss of a first finger, commonly known as a thumb,	306
sixty weeks.	307

For the loss of a second finger, commonly called index	308
finger, thirty-five weeks.	309

For the loss of a third finger, thirty weeks.

310

For the loss of a fourth finger, twenty weeks.

311

For the loss of a fifth finger, commonly known as the little	312
finger, fifteen weeks.	313

The loss of a second, or distal, phalange of the thumb is	314
considered equal to the loss of one half of such thumb; the loss	315
of more than one half of such thumb is considered equal to the	316
loss of the whole thumb.	317

The loss of the third, or distal, phalange of any finger is	318
considered equal to the loss of one-third of the finger.	319

The loss of the middle, or second, phalange of any finger is	320
considered equal to the loss of two-thirds of the finger.	321

The loss of more than the middle and distal phalanges of any	322
finger is considered equal to the loss of the whole finger. In no	323
case shall the amount received for more than one finger exceed the	324
amount provided in this schedule for the loss of a hand.	325

For the loss of the metacarpal bone (bones of the palm) for	326
the corresponding thumb, or fingers, add ten weeks to the number	327
of weeks under this division.	328

For ankylosis (total stiffness of) or contractures (due to	329
scars or injuries) which makes any of the fingers, thumbs, or	330
parts of either useless, the same number of weeks apply to the	331
members or parts thereof as given for the loss thereof.	332

If the claimant has suffered the loss of two or more fingers	333
by amputation or ankylosis and the nature of the claimant's	334
employment in the course of which the claimant was working at the	335
time of the injury or occupational disease is such that the	336
handicap or disability resulting from the loss of fingers, or loss	337
of use of fingers, exceeds the normal handicap or disability	338
resulting from the loss of fingers, or loss of use of fingers, the	339
administrator may take that fact into consideration and increase	340
the award of compensation accordingly, but the award made shall	341
not exceed the amount of compensation for loss of a hand.	342

For the loss of a hand, one hundred seventy-five weeks.

343

For the loss of an arm, two hundred twenty-five weeks.

344

For the loss of a great toe, thirty weeks.

345

For the loss of one of the toes other than the great toe, ten	346
weeks.	347

The loss of more than two-thirds of any toe is considered	348
equal to the loss of the whole toe.	349

The loss of less than two-thirds of any toe is considered no	350
loss, except as to the great toe; the loss of the great toe up to	351
the interphalangeal joint is co-equal to the loss of one-half of	352
the great toe; the loss of the great toe beyond the	353
interphalangeal joint is considered equal to the loss of the whole	354
great toe.	355

For the loss of a foot, one hundred fifty weeks.

356

For the loss of a leg, two hundred weeks.

357

For the loss of the sight of an eye, one hundred twenty-five	358
weeks.	359

For the permanent partial loss of sight of an eye, the	360
portion of one hundred twenty-five weeks as the administrator in	361
each case determines, based upon the percentage of vision actually	362
lost as a result of the injury or occupational disease, but, in no	363
case shall an award of compensation be made for less than	364
twenty-five per cent loss of uncorrected vision. "Loss of	365
uncorrected vision" means the percentage of vision actually lost	366
as the result of the injury or occupational disease.	367

For the permanent and total loss of hearing of one ear,	368
twenty-five weeks; but in no case shall an award of compensation	369
be made for less than permanent and total loss of hearing of one	370
ear.	371

For the permanent and total loss of hearing, one hundred	372
twenty-five weeks; but, except pursuant to the next preceding	373
paragraph, in no case shall an award of compensation be made for	374
less than permanent and total loss of hearing.	375

In case an injury or occupational disease results in serious	376
facial or head disfigurement which either impairs or may in the	377
future impair the opportunities to secure or retain employment,	378
the administrator shall make an award of compensation as it deems	379
proper and equitable, in view of the nature of the disfigurement,	380
and not to exceed the sum of ten thousand dollars. For the	381
purpose of making the award, it is not material whether the	382
employee is gainfully employed in any occupation or trade at the	383
time of the administrator's determination.	384

When an award under this division has been made prior to the	385
death of an employee all unpaid installments accrued or to accrue	386
under the provisions of the award shall be payable to the	387
surviving spouse, or if there is no surviving spouse, to the	388
dependent children of the employee and if there are no such	389
children, then to such dependents as the administrator determines.	390

When an employee has sustained the loss of a member by	391
severance, but no award has been made on account thereof prior to	392
the employee's death, the administrator shall make an award in	393
accordance with this division for the loss which shall be payable	394
to the surviving spouse, or if there is no surviving spouse, to	395
the dependent children of the employee and if there are no such	396
children, then to such dependents as the administrator determines.	397

(C) Compensation for partial impairment under divisions (A)	398
and (B) of this section is in addition to the compensation paid	399
the employee pursuant to section 4123.56 of the Revised Code. A	400
claimant may receive compensation under divisions (A) and (B) of	401
this section.	402

In all cases arising under division (B) of this section, if	403
it is determined by any one of the following: (1) the amputee	404
clinic at University hospital, Ohio state university; (2) the	405
rehabilitation services commission; (3) an amputee clinic or	406
prescribing physician approved by the administrator or the	407
administrator's designee, that an injured or disabled employee is	408
in need of an artificial appliance, or in need of a repair	409
thereof, regardless of whether the appliance or its repair will be	410
serviceable in the vocational rehabilitation of the injured	411
employee, and regardless of whether the employee has returned to	412
or can ever again return to any gainful employment, the bureau	413
shall pay the cost of the artificial appliance or its repair out	414
of the surplus created by division (B) of section 4123.34 of the	415
Revised Code.	416

In those cases where a rehabilitation services commission	417
recommendation that an injured or disabled employee is in need of	418
an artificial appliance would conflict with their state plan,	419
adopted pursuant to the "Rehabilitation Act of 1973," 87 Stat.	420
355, 29 U.S.C.A. 701, the administrator or the administrator's	421
designee or the bureau may obtain a recommendation from an amputee	422
clinic or prescribing physician that they determine appropriate.	423

(D) If an employee of a state fund employer makes application	424
for a finding and the administrator finds that the employee has	425
contracted silicosis as defined in division (X)(Y), or coal	426
miners' pneumoconiosis as defined in division (Y)(Z), or	427
asbestosis as defined in division (AA)(BB) of section 4123.68 of	428
the Revised Code, and that a change of such employee's occupation	429
is medically advisable in order to decrease substantially further	430
exposure to silica dust, asbestos, or coal dust and if the	431
employee, after the finding, has changed or shall change the	432
employee's occupation to an occupation in which the exposure to	433
silica dust, asbestos, or coal dust is substantially decreased,	434
the administrator shall allow to the employee an amount equal to	435
fifty per cent of the statewide average weekly wage per week for a	436
period of thirty weeks, commencing as of the date of the	437
discontinuance or change, and for a period of one hundred weeks	438
immediately following the expiration of the period of thirty	439
weeks, the employee shall receive sixty-six and two-thirds per	440
cent of the loss of wages resulting directly and solely from the	441
change of occupation but not to exceed a maximum of an amount	442
equal to fifty per cent of the statewide average weekly wage per	443
week. No such employee is entitled to receive more than one	444
allowance on account of discontinuance of employment or change of	445
occupation and benefits shall cease for any period during which	446
the employee is employed in an occupation in which the exposure to	447
silica dust, asbestos, or coal dust is not substantially less than	448
the exposure in the occupation in which the employee was formerly	449
employed or for any period during which the employee may be	450
entitled to receive compensation or benefits under section 4123.68	451
of the Revised Code on account of disability from silicosis,	452
asbestosis, or coal miners' pneumoconiosis. An award for change of	453
occupation for a coal miner who has contracted coal miners'	454
pneumoconiosis may be granted under this division even though the	455
coal miner continues employment with the same employer, so long as	456
the coal miner's employment subsequent to the change is such that	457
the coal miner's exposure to coal dust is substantially decreased	458
and a change of occupation is certified by the claimant as	459
permanent. The administrator may accord to the employee medical	460
and other benefits in accordance with section 4123.66 of the	461
Revised Code.	462

(E) If a firefighter or police officer makes application for	463
a finding and the administrator finds that the firefighter or	464
police officer has contracted a cardiovascular and pulmonary	465
disease as defined in division (W) of section 4123.68 of the	466
Revised Code, and that a change of the firefighter's or police	467
officer's occupation is medically advisable in order to decrease	468
substantially further exposure to smoke, toxic gases, chemical	469
fumes, and other toxic vapors, and if the firefighter, or police	470
officer, after the finding, has changed or changes occupation to	471
an occupation in which the exposure to smoke, toxic gases,	472
chemical fumes, and other toxic vapors is substantially decreased,	473
the administrator shall allow to the firefighter or police officer	474
an amount equal to fifty per cent of the statewide average weekly	475
wage per week for a period of thirty weeks, commencing as of the	476
date of the discontinuance or change, and for a period of	477
seventy-five weeks immediately following the expiration of the	478
period of thirty weeks the administrator shall allow the	479
firefighter or police officer sixty-six and two-thirds per cent of	480
the loss of wages resulting directly and solely from the change of	481
occupation but not to exceed a maximum of an amount equal to fifty	482
per cent of the statewide average weekly wage per week. No such	483
firefighter or police officer is entitled to receive more than one	484
allowance on account of discontinuance of employment or change of	485
occupation and benefits shall cease for any period during which	486
the firefighter or police officer is employed in an occupation in	487
which the exposure to smoke, toxic gases, chemical fumes, and	488
other toxic vapors is not substantially less than the exposure in	489
the occupation in which the firefighter or police officer was	490
formerly employed or for any period during which the firefighter	491
or police officer may be entitled to receive compensation or	492
benefits under section 4123.68 of the Revised Code on account of	493
disability from a cardiovascular and pulmonary disease. The	494
administrator may accord to the firefighter or police officer	495
medical and other benefits in accordance with section 4123.66 of	496
the Revised Code.	497

(F) An order issued under this section is appealable pursuant	498
to section 4123.511 of the Revised Code but is not appealable to	499
court under section 4123.512 of the Revised Code.	500

Sec. 4123.68.  Every employee who is disabled because of the	501
contraction of an occupational disease or the dependent of an	502
employee whose death is caused by an occupational disease, is	503
entitled to the compensation provided by sections 4123.55 to	504
4123.59 and 4123.66 of the Revised Code subject to the	505
modifications relating to occupational diseases contained in this	506
chapter. An order of the administrator issued under this section	507
is appealable pursuant to sections 4123.511 and 4123.512 of the	508
Revised Code.	509

The following diseases are occupational diseases and	510
compensable as such when contracted by an employee in the course	511
of the employment in which such employee was engaged and due to	512
the nature of any process described in this section. A disease	513
which meets the definition of an occupational disease is	514
compensable pursuant to this chapter though it is not specifically	515
listed in this section.	516

SCHEDULE	517

Description of disease or injury and description of process:

518

(A) Anthrax: Handling of wool, hair, bristles, hides, and	519
skins.	520

(B) Glanders: Care of any equine animal suffering from	521
glanders; handling carcass of such animal.	522

(C) Lead poisoning: Any industrial process involving the use	523
of lead or its preparations or compounds.	524

(D) Mercury poisoning: Any industrial process involving the	525
use of mercury or its preparations or compounds.	526

(E) Phosphorous poisoning: Any industrial process involving	527
the use of phosphorous or its preparations or compounds.	528

(F) Arsenic poisoning: Any industrial process involving the	529
use of arsenic or its preparations or compounds.	530

(G) Poisoning by benzol or by nitro-derivatives and	531
amido-derivatives of benzol (dinitro-benzol, anilin, and others):	532
Any industrial process involving the use of benzol or	533
nitro-derivatives or amido-derivatives of benzol or its	534
preparations or compounds.	535

(H) Poisoning by gasoline, benzine, naphtha, or other	536
volatile petroleum products: Any industrial process involving the	537
use of gasoline, benzine, naphtha, or other volatile petroleum	538
products.	539

(I) Poisoning by carbon bisulphide: Any industrial process	540
involving the use of carbon bisulphide or its preparations or	541
compounds.	542

(J) Poisoning by wood alcohol: Any industrial process	543
involving the use of wood alcohol or its preparations.	544

(K) Infection or inflammation of the skin on contact surfaces	545
due to oils, cutting compounds or lubricants, dust, liquids,	546
fumes, gases, or vapors: Any industrial process involving the	547
handling or use of oils, cutting compounds or lubricants, or	548
involving contact with dust, liquids, fumes, gases, or vapors.	549

(L) Epithelion cancer or ulceration of the skin or of the	550
corneal surface of the eye due to carbon, pitch, tar, or tarry	551
compounds: Handling or industrial use of carbon, pitch, or tarry	552
compounds.	553

(M) Compressed air illness: Any industrial process carried on	554
in compressed air.	555

(N) Carbon dioxide poisoning: Any process involving the	556
evolution or resulting in the escape of carbon dioxide.	557

(O) Brass or zinc poisoning: Any process involving the	558
manufacture, founding, or refining of brass or the melting or	559
smelting of zinc.	560

(P) Manganese dioxide poisoning: Any process involving the	561
grinding or milling of manganese dioxide or the escape of	562
manganese dioxide dust.	563

(Q) Radium poisoning: Any industrial process involving the	564
use of radium and other radioactive substances in luminous paint.	565

(R) Tenosynovitis and prepatellar bursitis: Primary	566
tenosynovitis characterized by a passive effusion or crepitus into	567
the tendon sheath of the flexor or extensor muscles of the hand,	568
due to frequently repetitive motions or vibrations, or prepatellar	569
bursitis due to continued pressure.	570

(S) Chrome ulceration of the skin or nasal passages: Any	571
industrial process involving the use of or direct contact with	572
chromic acid or bichromates of ammonium, potassium, or sodium or	573
their preparations.	574

(T) Potassium cyanide poisoning: Any industrial process	575
involving the use of or direct contact with potassium cyanide.	576

(U) Sulphur dioxide poisoning: Any industrial process in	577
which sulphur dioxide gas is evolved by the expansion of liquid	578
sulphur dioxide.	579

(V) Berylliosis: Berylliosis means a disease of the lungs	580
caused by breathing beryllium in the form of dust or fumes,	581
producing characteristic changes in the lungs and demonstrated by	582
x-ray examination, by biopsy or by autopsy.	583

This chapter does not entitle an employee or histhe	584
employee's dependents to compensation, medical treatment, or	585
payment of funeral expenses for disability or death from	586
berylliosis unless the employee has been subjected to injurious	587
exposure to beryllium dust or fumes in histhe employee's	588
employment in this state preceding histhe employee's disablement	589
and only in the event of such disability or death resulting within	590
eight years after the last injurious exposure; provided that such	591
eight-year limitation does not apply to disability or death from	592
exposure occurring after January 1, 1976. In the event of death	593
following continuous total disability commencing within eight	594
years after the last injurious exposure, the requirement of death	595
within eight years after the last injurious exposure does not	596
apply.	597

Before awarding compensation for partial or total disability	598
or death due to berylliosis, the administrator of workers'	599
compensation shall refer the claim to a qualified medical	600
specialist for examination and recommendation with regard to the	601
diagnosis, the extent of the disability, the nature of the	602
disability, whether permanent or temporary, the cause of death,	603
and other medical questions connected with the claim. An employee	604
shall submit to such examinations, including clinical and x-ray	605
examinations, as the administrator requires. In the event that an	606
employee refuses to submit to examinations, including clinical and	607
x-ray examinations, after notice from the administrator, or in the	608
event that a claimant for compensation for death due to	609
berylliosis fails to produce necessary consents and permits, after	610
notice from the administrator, so that such autopsy examination	611
and tests may be performed, then all rights for compensation are	612
forfeited. The reasonable compensation of such specialist and the	613
expenses of examinations and tests shall be paid, if the claim is	614
allowed, as part of the expenses of the claim, otherwise they	615
shall be paid from the surplus fund.	616

(W) Cardiovascular, pulmonary, or respiratory diseases	617
incurred by fire fightersfirefighters or police officers	618
following exposure to heat, smoke, toxic gases, chemical fumes and	619
other toxic substances: Any cardiovascular, pulmonary, or	620
respiratory disease of a fire fighterfirefighter or police	621
officer caused or induced by the cumulative effect of exposure to	622
heat, the inhalation of smoke, toxic gases, chemical fumes and	623
other toxic substances in the performance of histhe firefighter's	624
or police officer's duty constitutes a presumption, which may be	625
refuted by affirmative evidence, that such occurred in the course	626
of and arising out of histhe firefighter's or police officer's	627
employment. For the purpose of this section, "fire fighter	628
firefighter" means any regular member of a lawfully constituted	629
fire department of a municipal corporation or township, whether	630
paid or volunteer, and "police officer" means any regular member	631
of a lawfully constituted police department of a municipal	632
corporation, township or county, whether paid or volunteer.	633

This chapter does not entitle a fire fighterfirefighter, or	634
police officer, or histhe firefighter's or police officer's	635
dependents to compensation, medical treatment, or payment of	636
funeral expenses for disability or death from a cardiovascular,	637
pulmonary, or respiratory disease, unless the fire fighter	638
firefighter or police officer has been subject to injurious	639
exposure to heat, smoke, toxic gases, chemical fumes, and other	640
toxic substances in histhe firefighter's or police officer's	641
employment in this state preceding histhe firefighter's or police	642
officer's disablement, some portion of which has been after	643
January 1, 1967, except as provided in division (E) of section	644
4123.57 of the Revised Code.	645

Compensation on account of cardiovascular, pulmonary, or	646
respiratory diseases of fire fightersfirefighters and police	647
officers is payable only in the event of temporary total	648
disability, permanent total disability, or death, in accordance	649
with section 4123.56, 4123.58, or 4123.59 of the Revised Code.	650
Medical, hospital, and nursing expenses are payable in accordance	651
with this chapter. Compensation, medical, hospital, and nursing	652
expenses are payable only in the event of such disability or death	653
resulting within eight years after the last injurious exposure;	654
provided that such eight-year limitation does not apply to	655
disability or death from exposure occurring after January 1, 1976.	656
In the event of death following continuous total disability	657
commencing within eight years after the last injurious exposure,	658
the requirement of death within eight years after the last	659
injurious exposure does not apply.	660

This chapter does not entitle a fire fighterfirefighter or	661
police officer, or histhe firefighter's or police officer's	662
dependents, to compensation, medical, hospital, and nursing	663
expenses, or payment of funeral expenses for disability or death	664
due to a cardiovascular, pulmonary, or respiratory disease in the	665
event of failure or omission on the part of the fire fighter	666
firefighter or police officer truthfully to state, when seeking	667
employment, the place, duration, and nature of previous employment	668
in answer to an inquiry made by the employer.	669

Before awarding compensation for disability or death under	670
this division, the administrator shall refer the claim to a	671
qualified medical specialist for examination and recommendation	672
with regard to the diagnosis, the extent of disability, the cause	673
of death, and other medical questions connected with the claim. A	674
fire fighterfirefighter or police officer shall submit to such	675
examinations, including clinical and x-ray examinations, as the	676
administrator requires. In the event that a fire fighter	677
firefighter or police officer refuses to submit to examinations,	678
including clinical and x-ray examinations, after notice from the	679
administrator, or in the event that a claimant for compensation	680
for death under this division fails to produce necessary consents	681
and permits, after notice from the administrator, so that such	682
autopsy examination and tests may be performed, then all rights	683
for compensation are forfeited. The reasonable compensation of	684
such specialists and the expenses of examination and tests shall	685
be paid, if the claim is allowed, as part of the expenses of the	686
claim, otherwise they shall be paid from the surplus fund.	687

(X)(1) Cancer or disease contracted by a firefighter, police	688
officer, or public emergency medical services worker: Any of the	689
following types of cancer or disease contracted by a firefighter,	690
police officer, or public emergency medical services worker who,	691
in the case of a firefighter or public emergency medical services	692
worker, has been assigned at least three years of hazard duty as	693
a firefighter or public emergency medical services worker,	694
constitutes a presumption, which may be refuted by affirmative	695
evidence, that the cancer or disease was contracted in the	696
course of and arising out of the firefighter's, police officer's,	697
or public emergency medical services worker's employment:	698

(a) Cancer of the lung, brain, kidney, bladder, rectum,	699
stomach, skin, or prostate;	700

(b) Non-Hodgkins lymphoma;

701

(c) Leukemia;

702

(d) Multiple myeloma;

703

(e) Testicular or colorectal cancer;

704

(f) A contagious or infectious disease specified in rules	705
adopted pursuant to division (F) of section 3701.248 of the	706
Revised Code.	707

(2) As used in division (X)(1) of this section:

708

(a) "Public emergency medical services worker" means a person	709
who holds a current valid certificate issued under Chapter 4765.	710
of the Revised Code and is a member of a public retirement system.	711

(b) "Public retirement system" has the same meaning as in	712
section 2907.15 of the Revised Code.	713

(Y) Silicosis: Silicosis means a disease of the lungs caused	714
by breathing silica dust (silicon dioxide) producing fibrous	715
nodules distributed through the lungs and demonstrated by x-ray	716
examination, by biopsy or by autopsy.	717

(Y)(Z) Coal miners' pneumoconiosis: Coal miners'	718
pneumoconiosis, commonly referred to as "black lung disease,"	719
resulting from working in the coal mine industry and due to	720
exposure to the breathing of coal dust, and demonstrated by x-ray	721
examination, biopsy, autopsy or other medical or clinical tests.	722

This chapter does not entitle an employee or histhe	723
employee's dependents to compensation, medical treatment, or	724
payment of funeral expenses for disability or death from	725
silicosis, asbestosis, or coal miners' pneumoconiosis unless the	726
employee has been subject to injurious exposure to silica dust	727
(silicon dioxide), asbestos, or coal dust in histhe employee's	728
employment in this state preceding histhe employee's disablement,	729
some portion of which has been after October 12, 1945, except as	730
provided in division (E) of section 4123.57 of the Revised Code.	731

Compensation on account of silicosis, asbestosis, or coal	732
miners' pneumoconiosis are payable only in the event of temporary	733
total disability, permanent total disability, or death, in	734
accordance with sections 4123.56, 4123.58, and 4123.59 of the	735
Revised Code. Medical, hospital, and nursing expenses are payable	736
in accordance with this chapter. Compensation, medical, hospital,	737
and nursing expenses are payable only in the event of such	738
disability or death resulting within eight years after the last	739
injurious exposure; provided that such eight-year limitation does	740
not apply to disability or death occurring after January 1, 1976,	741
and further provided that such eight-year limitation does not	742
apply to any asbestosis cases. In the event of death following	743
continuous total disability commencing within eight years after	744
the last injurious exposure, the requirement of death within eight	745
years after the last injurious exposure does not apply.	746

This chapter does not entitle an employee or histhe	747
employee's dependents to compensation, medical, hospital and	748
nursing expenses, or payment of funeral expenses for disability or	749
death due to silicosis, asbestosis, or coal miners' pneumoconiosis	750
in the event of the failure or omission on the part of the	751
employee truthfully to state, when seeking employment, the place,	752
duration, and nature of previous employment in answer to an	753
inquiry made by the employer.	754

Before awarding compensation for disability or death due to	755
silicosis, asbestosis, or coal miners' pneumoconiosis, the	756
administrator shall refer the claim to a qualified medical	757
specialist for examination and recommendation with regard to the	758
diagnosis, the extent of disability, the cause of death, and other	759
medical questions connected with the claim. An employee shall	760
submit to such examinations, including clinical and x-ray	761
examinations, as the administrator requires. In the event that an	762
employee refuses to submit to examinations, including clinical and	763
x-ray examinations, after notice from the administrator, or in the	764
event that a claimant for compensation for death due to silicosis,	765
asbestosis, or coal miners' pneumoconiosis fails to produce	766
necessary consents and permits, after notice from the commission,	767
so that such autopsy examination and tests may be performed, then	768
all rights for compensation are forfeited. The reasonable	769
compensation of such specialist and the expenses of examinations	770
and tests shall be paid, if the claim is allowed, as a part of the	771
expenses of the claim, otherwise they shall be paid from the	772
surplus fund.	773

(Z)(AA) Radiation illness: Any industrial process involving	774
the use of radioactive materials.	775

Claims for compensation and benefits due to radiation illness	776
are payable only in the event death or disability occurred within	777
eight years after the last injurious exposure provided that such	778
eight-year limitation does not apply to disability or death from	779
exposure occurring after January 1, 1976. In the event of death	780
following continuous disability which commenced within eight years	781
of the last injurious exposure the requirement of death within	782
eight years after the last injurious exposure does not apply.	783

(AA)(BB) Asbestosis: Asbestosis means a disease caused by	784
inhalation or ingestion of asbestos, demonstrated by x-ray	785
examination, biopsy, autopsy, or other objective medical or	786
clinical tests.	787

All conditions, restrictions, limitations, and other	788
provisions of this section, with reference to the payment of	789
compensation or benefits on account of silicosis or coal miners'	790
pneumoconiosis apply to the payment of compensation or benefits on	791
account of any other occupational disease of the respiratory tract	792
resulting from injurious exposures to dust.	793

The refusal to produce the necessary consents and permits for	794
autopsy examination and testing shall not result in forfeiture of	795
compensation provided the administrator finds that such refusal	796
was the result of bona fide religious convictions or teachings to	797
which the claimant for compensation adhered prior to the death of	798
the decedent.	799

Section 2. That existing sections 742.38, 4123.57, and	800
4123.68 of the Revised Code are hereby repealed.	801

Section 3. The amendment made by this act to section 742.38	802
of the Revised Code applies to an application for a disability	803
benefit that is filed on or after the effective date of this act.	804

Section 4. The amendments made by this act to sections	805
4123.57 and 4123.68 of the Revised Code apply only to claims	806
pursuant to Chapters 4121. and 4123. of the Revised Code arising	807
on and after the effective date of this act.	808