COVID-19 Legal Update: Ohio

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Workers' Compensation Administrative board/ commission

BWC

 

How does the state define an occupational disease?

(F) "Occupational disease" means a disease contracted in the course of employment, which by its causes and the characteristics of its manifestation or the condition of the employment results in a hazard which distinguishes the employment in character from employment generally, and the employment creates a risk of contracting the disease in greater degree and in a different manner from the public in general.

 

COVid-19 Specific Laws, agency declarations/ press releases, or enacted regulation?

Ohio's Bureau of Workers Compensation FAQ

Bulletin on Property & Casualty, Life, and Long Term Care Insurance Premium Payments During COVID-19 State of Emergency
March 30, 2020

BWC Emergency Rule on Employer Access to the HPP - Employer Enrollment and Selection of MCO
April 9, 2020

BWC Extends Premium Due Date Until Sept. 1xtends Premium Due Date Until Sept. 1
May 28, 2020

Enacted Legislation: Qualified Immunity for COVID-19
September 14, 2020

 

Court Closures & Modified Call

Update on COVID-19

 

Is the administrative court system closed or open?

Ohio Industrial Commission website includes updates on hearing suspensions

Ohio's Bureau of Workers Compensation FAQ

 

Does this state have a shelter-in-place in order?

No - order was 3/24/2020 to 5/29/20; phased re-opening began 5/4/20.

 

Any state-specific guidance on disability, unemployment, or health benefits for COVID-19?

See: https://coronavirus.ohio.gov/wps/portal/gov/covid-19/

Certain businesses have been ordered to cease operations

Ohio Department of Job and Family Services (re: unemployment benefits)

 

Additional Comments

4123.026 Costs of post-exposure medical diagnostic services after peace officer, firefighter, or emergency medical worker's exposure to blood or other body fluid.

(A) The administrator of workers' compensation, or a self-insuring public employer for the peace officers, firefighters, and emergency medical workers employed by or volunteering for that self-insuring public employer, shall pay the costs of conducting post-exposure medical diagnostic services, consistent with the standards of medical care existing at the time of the exposure, to investigate whether an injury or occupational disease was sustained by a peace officer, firefighter, or emergency medical worker when coming into contact with the blood or other body fluid of another person in the course of and arising out of the peace officer's, firefighter's, or emergency medical worker's employment, or when responding to an inherently dangerous situation in the manner described in, and in accordance with the conditions specified under, division (A)(1)(a) of section 4123.01 of the Revised Code, through any of the following means:
(1) Splash or spatter in the eye or mouth, including when received in the course of conducting mouth-to-mouth resuscitation;
(2) A puncture in the skin;
(3) A cut in the skin or another opening in the skin such as an open sore, wound, lesion, abrasion, or ulcer.
(B) As used in this section:
(1) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code.
(2) "Firefighter" means a firefighter, whether paid or volunteer, of a lawfully constituted fire department.
(3) "Emergency medical worker" means a first responder, emergency medical technician-basic, emergency medical technician-intermediate, or emergency medical technician-paramedic, certified under Chapter 4765 of the Revised Code, whether paid or volunteer.

Last Updated: 2/1/2021