Ohio Admin. Code 4123-3-25 - Application for change of occupation allowance
(A) Eligibility for a change of occupation
allowance.
(1) Where it is found that a change
of occupation is medically advisable for an employee suffering from silicosis,
coal miners' pneumoconiosis, or asbestosis contracted in the course of
employment, but the employee is not totally disabled therefrom, and any other
diseases which may be specified by law for which the statutory allowance for
change of occupation may be granted, or
(2) Where it is found that a change of
occupation is medically advisable for a fire fighter or police officer
suffering from a cardiovascular and pulmonary disease contracted in the course
of employment, but the employee is not totally disabled therefrom,
(3) Pursuant to the provisions of section
4123.57 of the Revised Code,
such employee shall
may file a motion in accordance with paragraph (A) of
rule 4123-3-16 of the Administrative
Code requesting the approval of the statutory allowance for such change of
occupation, in order to decrease substantially further injurious
exposure.
(B) This rule
is applicable to public employees, employees of employers contributing to the
private fund, employees of self-insuring employers, and employees of amenable
but non-complying employers.
(C) If
there is no conflict in the medical or the matter is not contested or disputed,
the bureau shall
will adjudicate the request. If a conflict in the
medical exists or the request is contested or disputed, the bureau
shall
will
refer the request to the commission for further consideration.
(D) To qualify for an award, the employee
must establish by appropriate evidence that the employee has discontinued
employment or has changed his or her occupation to one in which the exposure is
substantially decreased. The fact that the employee continues employment with
the same employer will not preclude the granting of the award so long as the
employment subsequent to the change is such that the exposure is substantially
decreased and the change of occupation is certified by the claimant as
permanent.
(E) An award for change
of occupation in excess of the initial thirty weeks must be supported by
evidence of employment in an occupation in which the exposure is substantially
decreased or evidence of reasonable attempts to secure employment in an
occupation in which the exposure is substantially decreased.
Notes
Promulgated Under: 119.03
Statutory Authority: 4121.12, 4121.121
Rule Amplifies: 4121.12, 4121.121
Prior Effective Dates: 01/01/1964, 01/16/1978, 10/01/2004, 02/10/2009, 04/01/2014
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