(A) Except for payments made to claimants
under a contract of hire or under a collective bargaining agreement by an
employer that is a professional sports franchise domiciled in Ohio, whenever a
claimant and the employer advise the bureau of workers' compensation in writing
that wages or sick leave were paid or advancements were made solely for the
purpose of assisting the claimant in obtaining necessary maintenance and care
during a period not to exceed twelve weeks following an injury sustained or
occupational disease contracted by the claimant in the course of and arising
out of employment, particularly while a claim for compensation is being acted
upon by the bureau, and the claimant and employer had mutually agreed that the
employer is to be reimbursed, at least to the extent of any compensation paid
to the claimant over the same period in which the wages were paid or the
advancements made, the bureau shall issue warrants in payment of compensation
awarded for a period not to exceed twelve weeks commencing from the date of
such an injury or beginning of disability, which warrants are to be mailed to
the claimant in care of the employer with instructions that the warrants are to
be endorsed personally by the claimant. The bureau will not honor the agreement
unless the written notice of the agreement is signed by the employer and
claimant and filed with the bureau within thirty days of the beginning date of
payment of wages, sick leave, or advancement. Failure to comply otherwise with
the terms of this rule may result in the bureau's refusal to honor the terms of
the agreement between the employer and the claimant. Within thirty days of the
end date of payment of wages, sick leave, or advancement, the employer or
claimant shall provide written notice to the bureau. The warrants to be sent in
care of the employer are not to be in payment of compensation for disability in
excess of a period of twelve weeks closely following the date of injury or
beginning of disability, unless under special circumstances the bureau
authorizes the sending of warrants in payment of compensation for disability
beyond the twelve weeks in care of the employer.
(B) Whenever an employer that is a
professional sports franchise domiciled in Ohio makes payment pursuant to the
terms of a contract of hire or a collective bargaining agreement during a
period of disability resulting from the injury or occupational disease, the
aggregate amount of such payments shall
be
are deemed an advanced payment. Upon
the filing of proof of such payments, compensation payments under sections
4123.56 to
4123.58 of the Revised Code
shall be reimbursed by the bureau directly to the employer if it is a state
fund employer unless payment has been made to the claimant prior to the
bureau's receipt of the employer's proof of an advanced payment. Self-insured
employers shall apply the aggregate amount of advanced payments to a claimant
to offset that claimant's future payments of compensation under section
4123.56 to
4123.58 of the Revised Code.
Employer reimbursements and offsets shall
apply only where the employee's application for compensation is pending on or
after August 22, 1986.
(C) Where a
claimant is entitled to vacation with pay, payment of wages for a vacation
period during the period of temporary disability resulting from injury or
occupational disease shall not be deemed an advancement nor shall such payment
be applied to offset any temporary total compensation payable for that period
of time.
If the employer and claimant agree in writing, supplemental
sick leave benefits may be paid in addition to temporary total compensation,
and payment of the supplemental sick leave benefits shall not be deemed an
advancement nor shall such payment be applied to offset any temporary total
compensation payable for that period of time.
Where claimants are paid a regular salary during the period of
disability on any other basis, sick leave, payment of compensation for
temporary disability cannot be paid so long as such regular salary or wages are
paid, unless the claimant and the employer notify the bureau in writing
pursuant to paragraph (A) of this rule.
Notes
Ohio Admin. Code
4123-5-20
Effective:
12/1/2024
Five Year Review (FYR) Dates:
9/13/2024 and
12/01/2029
Promulgated
Under: 119.03
Statutory
Authority: 4121.12,
4121.121,
4121.30,
4121.31
Rule
Amplifies: 4123.05
Prior
Effective Dates: 01/09/1967, 01/16/1978, 08/22/1986 (Emer.), 11/08/1986,
08/15/2007, 11/05/2009, 09/01/2014,
12/12/2019
