(A) Upon the filing of a workers'
compensation claim, naming a non-complying employer as the employer, the
attorney general's office shall prepare and the bureau shall
by certified mail, file for record in the office of the county
recorder in any counties where the employer's property is located, if known, or
in any counties where the employer's business is located, an affidavit showing
the date on which the application for compensation or benefits was filed, the
name and address of the employer against whom it was filed, and the fact that
said employer has not complied with section
4123.35 of the Revised Code. A
copy of the application for compensation or benefits shall be filed with the
affidavit. The affidavit shall constitute a lien on employer's real property
and tangible personal property within each county where it was filed.
(B) The bureau shall notify the employer, by
mail and within the shortest time possible, of the filing of the application.
Such notice shall be accompanied by a copy of the application and a copy of the
affidavit, as described in paragraph (A) of this rule, and shall advise the
employer that unless it files a timely answer to the application, the claim
will be adjudicated upon the filed application.
(C) The employer, or its agent or attorney,
shall verify its answer. Upon filing of such answer, the bureau shall
immediately mail a copy of the answer to the employee. If the employee is
represented, the bureau shall mail a copy to the representative.
The lien on employer's property, as
described in paragraph (A) of this rule, shall be cancelled under the following
(1) The employer has paid the
amount of all awards made by the commission and/ or the bureau;
(2) There was a final order of disallowance
of a claim;
(3) The employer has
filed a bond or other security in such an amount and with such a surety as the
bureau approves, conditioned on the employer's payment of all awards made by
the commission and/or the bureau. The bureau may, in its discretion, grant a
partial release of the lien, should this be necessary to facilitate the conduct
of the employer's business, provided a sufficient security remains to pay any
award that may be made in the claim;
Settlement of employer's liability as
provided in rule
of the Administrative Code;
bureau, industrial commission, or court has determined that the employer
subject to the lien is not the employer of record in the claim.
(E) In all cases of an employer's
failure to pay the award of compensation or benefits, as approved by the
industrial commission or the bureau, or to furnish a satisfactory bond within
ten days after notification of such award, payment of the award from the
surplus fund and the recovery of the monies so paid by the bureau shall be in
accordance with section
4123.75 of the Revised
(F) The award of compensation
or benefits, referred to in paragraph (D) of this rule, shall constitute a
liquidated claim for damages against the non-complying employer. The bureau
shall certify the record to the attorney general to institute a civil action
against the employer for collection of the award. Such action may be joined
with the action to recover premium due from such employer.
Ohio Admin. Code
Five Year Review (FYR) Dates:
Effective Dates: 11/26/1979, 12/18/1989 (Emer.), 02/22/1990, 10/01/2009,