Ohio Admin. Code 4123-18-14 - Injured workers incurring compensable injuries, occupational diseases or death while participating in an approved vocational rehabilitation plan
(A) Claims for
injury, occupational disease or death incurred in the course of and arising out
of participation in an approved vocational rehabilitation plan
and not in the course of and arising out of any
employment, may be filed for compensation and benefits.
(B) The full or average weekly wage for the
rehabilitation injury, occupational disease, or death claim will be calculated
using the full or average weekly wage information in the original claim
pursuant to which the injured worker undertook participation in the prescribed
rehabilitation program; provided, that if the statewide average weekly wage in
the year of the rehabilitation injury, occupational disease or death is
different from that applicable to the original claim, the injured worker's full
or average weekly wage will be calculated using the original wage information
but subject to the maximum compensation rate in such subsequent year.
(C) All compensation and benefit awards
arising out of such a claim are charged to the surplus fund account established
by section 4123.34 of the Revised Code, and
not charged through the state insurance fund to the employer
of record in the claim through which the injured worker
was receiving vocational rehabilitation services
against which the claim was allowed so long
as the employer pays assessments into the surplus fund account for the payment
of such compensation and benefits. If an
the employer is a self-insuring
employer, these compensation and benefits are paid by the self-insuring
employer directly as a part of a claim.
Notes
Promulgated Under: 119.03
Statutory Authority: 4121.12, 4121.121, 4121.30, 4121.31, 4123.05
Rule Amplifies: 4121.61, 4121.68
Prior Effective Dates: 07/10/1980, 02/03/1992, 01/01/2001, 11/05/2009, 01/09/2015, 10/07/2019, 05/15/2023
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