Bill Text: OH HB538 | 2011-2012 | 129th General Assembly | Introduced
Bill Title: To prescribe the circumstances in which an individual who is injured or contracts an occupational disease in the course of and arising out of participation in a learn to earn program receives compensation under the Workers' Compensation Law or under Unemployment Compensation Law.
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Introduced - Dead) 2012-05-08 - To Economic & Small Business Development [HB538 Detail]
Download: Ohio-2011-HB538-Introduced.html
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Representatives Landis, DeVitis
Cosponsors:
Representatives Sprague, Derickson, Baker, Duffey, Garland
| To enact section 4123.391 of the Revised Code to | 1 |
| prescribe the circumstances in which an individual | 2 |
| who is injured or contracts an occupational | 3 |
| disease in the course of and arising out of | 4 |
| participation in a learn to earn program receives | 5 |
| compensation under the Workers' Compensation Law | 6 |
| or under Unemployment Compensation Law. | 7 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That section 4123.391 of the Revised Code be | 8 |
| enacted to read as follows: | 9 |
| Sec. 4123.391. (A) For purposes of this section, "learn to | 10 |
| earn program" means any program established by the department of | 11 |
| job and family services that is designed to increase an | 12 |
| individual's opportunity to move to permanent employment through a | 13 |
| short-term work experience placement with an eligible employer. | 14 |
| (B) A participant in a learn to earn program is entitled to | 15 |
| compensation and benefits under this chapter as provided in this | 16 |
| section. | 17 |
| (C)(1) A learn to earn program participant who suffers an | 18 |
| injury or contracts an occupational disease that produces a | 19 |
| disability arising out of and in the course of participation in | 20 |
| the learn to earn program, and who remains otherwise eligible for | 21 |
| unemployment compensation benefits pursuant to Chapter 4141. of | 22 |
| the Revised Code, shall receive unemployment compensation benefits | 23 |
| while otherwise eligible for those benefits. | 24 |
| (2) If a disability arising out of and in the course of | 25 |
| participation in a learn to earn program causes a participant to | 26 |
| become ineligible for unemployment compensation benefits or unable | 27 |
| to work after the expiration of the participant's eligibility for | 28 |
| unemployment compensation benefits, the participant shall receive | 29 |
| compensation and benefits under this chapter. | 30 |
| (D) For purposes of this section, a participant in a learn to | 31 |
| earn program is an employee of the department, and not an employee | 32 |
| of the entity conducting the training. | 33 |
| (E)(1) A learn to earn participant is considered to have | 34 |
| accepted the terms and conditions of this chapter and to have | 35 |
| waived on behalf of the participant or the participant's personal | 36 |
| or legal representatives all rights of action on account of the | 37 |
| participant's injury or occupational disease arising out of and in | 38 |
| the course of participation in the program whether at common law, | 39 |
| by statute, or under the laws of any other state against the | 40 |
| entity conducting the training, the department, or any learn to | 41 |
| earn program established by the department. | 42 |
| (2) The dependents of a participant shall have no direct | 43 |
| cause of action to recover for damages on account of the | 44 |
| participant's personal injury or death against any person | 45 |
| identified in division (E)(1) of this section, whether at common | 46 |
| law, by statute, or under the laws of any other state. | 47 |
| (3) Notwithstanding division (E)(1) of this section, a | 48 |
| participant does not waive on behalf of the participant or the | 49 |
| participant's personal or legal representatives, any cause of | 50 |
| action for intentional torts against any officer, director, agent, | 51 |
| or employee acting on behalf of the entities listed in division | 52 |
| (E)(1) of this section. | 53 |
| (F) Notwithstanding sections 4123.39 and 4123.40 of the | 54 |
| Revised Code, the department may insure the compensation and | 55 |
| benefits provided under this chapter pursuant to this section. The | 56 |
| department may include a learn to earn participant in its | 57 |
| department workers' compensation coverage, or may establish a | 58 |
| separate workers' compensation coverage policy with the bureau of | 59 |
| workers' compensation upon the terms and conditions for insurance | 60 |
| to be established by the bureau consistent with insurance | 61 |
| principles, as is equitable in the view of degree and hazard. | 62 |
| (G) Notwithstanding section 4123.82 of the Revised Code, the | 63 |
| department may enter into a contract to indemnify the department | 64 |
| against all or part of the department's loss as a result of | 65 |
| liability of the department that is attributable to any claims for | 66 |
| compensation or benefits under this chapter arising from | 67 |
| participation in any learn to earn program. | 68 |
