85 sections in this chapter.
R.4123-17-01 Annual rate revision, method of adoption, effective date, publication
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(A) Private employers.(1) The annual revision of premium rates as provided in division (B) of section 4123.34 of the Revised Code applies to all renewals, reinstatements, and new coverage effective on or after July first of each year, unless otherwise specifically provided. The b…
R.4123-17-02 Successorship
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(A) Responsibilities.(1) Whenever one employer succeeds another employer in the operation of a business in whole or in part, the successor shall notify the bureau of workers' compensation of the succession.(2) Pursuant to this rule, the bureau will provide to the parties to the t…
R.4123-17-03 Employer's experience rating plan
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(A) Definitions.As used in this rule:(1) "Experience period" means:(a) For private employer policy years commencing on or after July 1, 2016, the oldest four of the latest five completed policy years immediately preceding the beginning of the policy year to which a rate is applic…
R.4123-17-03.2 Experience modification cap
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(A) Definitions.As used in this rule:(1) "Experience modification" or "EM" means the experience modification as determined under rule 4123-17-03 of the Administrative Code. (2) "Eligibility determination date" means the March first immediately preceding the policy year for which …
R.4123-17-03.3 Employer premium size factors
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(A) The administrator of workers' compensation, with the advice and consent of the bureau of workers' compensation board of directors, hereby sets the premium size factors in the appendix to this rule to be effective July 1, 2024.(B) A private employer is eligible for the premium…
R.4123-17-04 Classification of occupations or industries
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The administrator of workers' compensation, with the advice and consent of the bureau of workers' compensation board of directors, has authority to approve the classification of occupations or industries pursuant to sections 4121.12, 4121.121, and 4123.29 of the Revised Code. The…
R.4123-17-05 Private employer industry group and limited loss ratio tables
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The administrator of workers' compensation, with the advice and consent of the bureau of workers' compensation board of directors, has authority to approve contributions made to the state insurance fund by employers pursuant to sections 4121.121, 4123.29, and 4123.34 of the Revis…
R.4123-17-05.1 Private employer experience rating table
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The administrator of workers' compensation, with the advice and consent of the bureau of workers' compensation board of directors, has authority to approve contributions made to the state insurance fund by employers pursuant to sections 4121.121, 4123.29, and 4123.34 of the Revis…
R.4123-17-06 Private employer contributions to the state insurance fund
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The administrator of workers' compensation, with the advice and consent of the bureau of workers' compensation board of directors, has authority to approve contributions made to the state insurance fund by employers pursuant to sections 4121.121, 4123.29, and 4123.34 of the Revis…
R.4123-17-07 Officers of corporations, elective coverage entities, and ministers
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(A) Definitions.As used in this rule:(1) "Church" means an established and legally recognized church, congregation, denomination, society, corporation, fellowship, convention, or association that is formed primarily or exclusively for religious purposes.(2) "Elective coverage per…
R.4123-17-08 Classifications according to national council on compensation insurance
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(A) In accordance with division (A)(1) of section 4123.29 of the Revised Code, the purpose of this rule is for the bureau of workers' compensation to conform the classifications of industries according to the categories the national council on compensation insurance (NCCI) establ…
R.4123-17-09 Clerical office payroll
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Clerical office payroll shall include only the payroll of those employees whose duties are confined to keeping the books and records of the employer, and conducting correspondence, and drafting, or who are engaged wholly in office work where such books and records are kept, havin…
R.4123-17-10 Excess premiums
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The administrator of workers' compensation, with the advice and consent of the bureau of workers' compensation board of directors, has authority to approve contributions made to the state insurance fund by employers pursuant to sections 4121.121, 4123.29, 4123.32, and 4123.34 of …
R.4123-17-11 Rule of merit rating controlling the employee having but one eye, one hand, etc
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Should any employee having but one hand, arm, eye, foot or leg thereafter lose any one of the foregoing members in an industrial accident or as the result of an occupational disease the same shall be merit-rated, not as a permanent total disability, but as a permanent partial dis…
R.4123-17-12 Catastrophe claims
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(A) A "catastrophe" is defined as an occurrence in which two or more employees of one employer are killed or receive injuries resulting in permanent and total disability.(B) "Catastrophe cost" is defined as the costs enumerated in section 4123.30 of the Revised Code, including re…
R.4123-17-13 Employer application for workers' compensation coverage
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(A) An employer may institute workers' compensation coverage under this rule by submitting an application for coverage that completely provides all the information necessary for the bureau of workers' compensation to establish coverage for the employer.(1) The application for cov…
R.4123-17-14 Reporting of payroll and reconciliation of premium due
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(A) Definitions.(1) As used in this chapter of the Administrative Code:(a) "Applied EM" means the experience modification, or "EM," as set forth in rule 4123-17-03 of the Administrative Code, except where such EM is modified by participation in the group experience rating program…
R.4123-17-14.1 Misrepresentation of payroll
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(A) No employer shall knowingly misrepresent to the bureau of workers' compensation the amount or classification of payroll upon which the premium under this chapter is based. No self-insuring employer shall knowingly misrepresent to the bureau the amount of paid compensation pai…
R.4123-17-14.2 Installment payments
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(A) An employer may elect to pay its estimated premium due in equal installments of two, four, six, or twelve in number.(1) Employers paying in advance of the installment schedule will not incur a penalty for early payment.(2) Employers paying the minimum administrative charge sh…
R.4123-17-15 Alternate employer organizations and professional employer organizations
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(A) Definitions.As used in rules 4123-17-15 to 4123-17-15.7 of the Administrative Code:(1) "Alternate employer organization" or "AEO" has the same meaning as defined in section 4133.01 of the Revised Code. "Alternate employer organization" or "AEO" does not include a service agen…
R.4123-17-15.1 AEO agreements and PEO agreements
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(A) Where a client employer enters into an AEO or a PEO agreement:(1) Each client employer must establish and maintain an individual account with the bureau of workers' compensation.(2) The AEO or the PEO is considered the succeeding employer, solely for purposes of workers' comp…
R.4123-17-15.2 Registration and reporting requirements
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(A) The AEO or the PEO shall register with the bureau of workers' compensation no later than thirty days after the formation of the AEO or the PEO. An AEO or a PEO operating in this state shall register annually with the administrator of workers' compensation.(1) The AEO or the P…
R.4123-17-15.4 Financial mandates
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(A) An AEO, a PEO, or a PEO reporting entity shall prepare financial statements in accordance with generally accepted accounting principles and submit them electronically for registration and registration renewal pursuant to sections 4125.05 and 4133.08 of the Revised Code.(1) Th…
R.4123-17-15.5 Self-insured AEOs and PEOs
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(A) An AEO or a PEO registered with the bureau of workers' compensation under rule 4123-17-15.2 of the Administrative Code may apply to pay compensation directly as a self-insuring employer.(1) The AEO or the PEO must meet all eligibility criteria set forth in section 4123.35 of …
R.4123-17-15.6 Client employer information
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(A) An AEO or a PEO shall provide a list of all of the following information to the client employer upon the written request of the client employer:(1) All premiums and payroll associated with that client employer;(2) All workers' compensation claims, and the compensation and ben…
R.4123-17-15.7 Denial or revocation of AEO or PEO registration
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(A) The administrator of workers' compensation shall deny or revoke the registration of an AEO, a PEO, or a PEO reporting entity if it fails to comply with the provisions of rule 4123-17-15.4 of the Administrative Code.(B) The administrator may deny or revoke the registration of …
R.4123-17-16 Penalties: late payment and reporting
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(A) Definitions.As used in this rule:(1) "Annual payroll report" means the report of the employer's actual payroll expenditures submitted pursuant to section 4123.26 of the Revised Code for private employers, section 4123.41 of the Revised Code for public employers, and under rul…
R.4123-17-17 Auditing and adjustment of payroll reports
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(A) Every employer amenable to the workers' compensation law shall keep, preserve, and maintain complete records showing in detail all expenditures for payroll reportable to Ohio and the division of such expenditures in the various divisions and classification codes of the employ…
R.4123-17-19 Employer contribution to the marine industry fund
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The administrator of workers' compensation, with the advice and consent of the bureau of workers' compensation board of directors, has authority to establish contributions made to the marine industry fund by employers pursuant to sections 4121.121 and 4131.14 of the Revised Code.…
R.4123-17-20 Employer contribution to the coal-workers pneumoconiosis fund
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The administrator of workers' compensation, with the advice and consent of the workers' compensation board of directors, has authority to establish contributions made to the coal-workers pneumoconiosis fund by employers pursuant to sections 4121.121 and 4131.04 of the Revised Cod…
R.4123-17-22 Traveling expense
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Where employees who travel in the course of their employment are required to pay their travel expenses out of their remuneration, the employer, in submitting payroll reports of the earnings of such employees, may deduct from the remuneration an amount representing actual travel e…
R.4123-17-23 Duties outside the state
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(A) The entire remuneration of employees whose employment involves activities both within and outside the borders of Ohio, and where the supervising office of the employer is located in Ohio, shall be included in the payroll report. However, if the employer elects to obtain other…
R.4123-17-24 Other states coverage policy
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(A) Definitions.For purposes of this rule:(1) "Other states coverage policy (OSCP)" is the policy offered by the bureau of workers' compensation under section 4123.292 of the Revised Code to provide optional coverage to eligible Ohio employers for workers' compensation exposures …
R.4123-17-25 Military and naval service
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Remuneration given by employers to employees while engaged in active military or naval service of the United States of America shall be excluded from the payroll reports which the employers are required to submit to the bureau of workers' compensation for premium purposes unless …
R.4123-17-26 Minimum annual administrative charge
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The administrator of workers' compensation, with the advice and consent of the bureau of workers' compensation board of directors, has authority to calculate contributions by employers pursuant to sections 4121.121, 4123.341, and 4123.342 of the Revised Code. The administrator he…
R.4123-17-27 Protest of an employer's experience
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A protest of an employer's experience is to be submitted in writing, which includes by e-mail. Only the employer or a representative with a permanent authorization from that employer can file a protest. A protest will be considered on its merits only if the protest is timely rece…
R.4123-17-28 Correction of inaccuracies affecting employer's premium rates
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(A) Whenever the bureau of workers' compensation detects an inaccuracy in the recording or processing of data, records, payroll, claims, or other pertinent items affecting the employer's status, experience modification, or premium, the bureau will correct such discrepancy . This …
R.4123-17-29 Disabled workers' relief fund; employers' assessments and self-insurers' payments
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(A) State fund employers.(1) In order to make disabled workers' relief fund (DWRF) payments to claimants having dates of injury or disability prior to January 1, 1987, assessments shall be levied in the following manner for so long as payments to such claimants are required:(a) P…
R.4123-17-30 Payroll limitations for corporate officers, sole proprietors, an individual incorporated as a corporation with no employees, members of partnerships, and family farm corporations
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The administrator of workers' compensation, with the advice and consent of the bureau of workers' compensation board of directors, has authority to establish the total payroll reportable by employers pursuant to sections 4121.12 and 4123.29 of the Revised Code. The administrator …
R.4123-17-32 Self-insuring employer assessment based upon paid compensation
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The administrator of workers' compensation, with the advice and consent of the bureau of workers' compensation board of directors, has authority to determine and levy against self-insuring employers amounts to be paid to support the safety and hygiene fund, the administrative cos…
R.4123-17-33 Public employer taxing district industry group and limited loss ratio tables
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The administrator of workers' compensation, with the advice and consent of the bureau of workers' compensation board of directors, has authority to calculate contributions made to the state insurance fund by employers pursuant to section 4121.121 of the Revised Code. The administ…
R.4123-17-33.1 Public employer taxing districts experience rating table
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The administrator of workers' compensation, with the advice and consent of the bureau of workers' compensation board of directors, has authority to calculate contributions made to the state insurance fund by employers pursuant to section 4121.121 of the Revised Code. The administ…
R.4123-17-34 Public employer taxing districts contribution to the state insurance fund
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The administrator of workers' compensation, with the advice and consent of the bureau of workers' compensation board of directors, has authority to approve contributions made to the state insurance fund by employers pursuant to section 4121.121 of the Revised Code. The administra…
R.4123-17-35 Public employer state agency contribution to the state insurance fund
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The administrator of workers' compensation, with the advice and consent of the bureau of workers' compensation board of directors, has authority to approve contributions made to the state insurance fund by employers pursuant to sections 4121.121, 4123.39, and 4123.40 of the Revis…
R.4123-17-35.1 Public employer state agency lump sum settlement program
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(A) Public employer state (PES) agency that is not currently participating in a settlement payment program may participate in the lump sum settlement (LSS) direct reimbursement rating and payment program. A PES agency participating in this program will have the LSS payments exclu…
R.4123-17-36 Administrative cost contribution
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(A) The administrator of workers' compensation, with the advice and consent of the bureau of workers' compensation board of directors, has authority to calculate contributions for administrative costs attributable to the activities of the industrial commission, the bureau of work…
R.4123-17-37 Employer contribution to the safety and hygiene fund
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The administrator of workers' compensation, with the advice and consent of the bureau of workers' compensation board of directors, has authority to approve contributions to the state insurance fund by employers pursuant to sections 4121.121 and 4121.37 of the Revised Code. The ad…
R.4123-17-40 Self-insured buy-out factors
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The administrator of workers' compensation, with the advice and consent of the bureau of workers' compensation board of directors, has authority to establish factors for the purpose of implementing the procedure for self-insurance buy-outs. The administrator hereby adopts factors…
R.4123-17-41 Retrospective rating definitions applicable to any employer
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Rules 4123-17-41 to 4123-17-54 of the Administrative Code apply to individual employer retrospective rating. As used in rules 4123-17-41 to 4123-17-54 of the Administrative Code:(A) "Minimum premium" means the fixed cost chargeable to an employer, independent of the claims costs …
R.4123-17-42 Eligibility for retrospective rating
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(A) An employer that is either a private or a public employer taxing district as defined in division (B)(1) of section 4123.01 of the Revised Code may be eligible for either the tier I or tier II retrospective rating plan depending upon satisfying the eligibility requirements for…