Text of Statute
Every employee who is disabled because of the contraction of an occupational
disease or the dependent of an employee whose death is caused by an occupational
disease, is entitled to the compensation provided by sections The following diseases are occupational diseases and compensable as such when
contracted by an employee in the course of the employment in which such employee
was engaged and due to the nature of any process described in this section. A
disease which meets the definition of an occupational disease is compensable
pursuant to this chapter though it is not specifically listed in this section.
(A) Anthrax: Handling of wool, hair, bristles, hides, and skins.
(B) Glanders: Care of any equine animal suffering from glanders; handling
carcass of such animal.
(C) Lead poisoning: Any industrial process involving the use of lead or its
preparations or compounds.
(D) Mercury poisoning: Any industrial process involving the use of mercury or
its preparations or compounds.
(E) Phosphorous poisoning: Any industrial process involving the use of
phosphorous or its preparations or compounds.
(F) Arsenic poisoning: Any industrial process involving the use of arsenic or
its preparations or compounds.
(G) Poisoning by benzol or by nitro-derivatives and amido-derivatives of
benzol (dinitro-benzol, anilin, and others): Any industrial process involving
the use of benzol or nitro-derivatives or amido-derivatives of benzol or its
preparations or compounds.
(H) Poisoning by gasoline, benzine, naphtha, or other volatile petroleum
products: Any industrial process involving the use of gasoline, benzine,
naphtha, or other volatile petroleum products.
(I) Poisoning by carbon bisulphide: Any industrial process involving the use
of carbon bisulphide or its preparations or compounds.
(J) Poisoning by wood alcohol: Any industrial process involving the use of
wood alcohol or its preparations.
(K) Infection or inflammation of the skin on contact surfaces due to oils,
cutting compounds or lubricants, dust, liquids, fumes, gases, or vapors: Any
industrial process involving the handling or use of oils, cutting compounds or
lubricants, or involving contact with dust, liquids, fumes, gases, or vapors.
(L) Epithelion cancer or ulceration of the skin or of the corneal surface of
the eye due to carbon, pitch, tar, or tarry compounds: Handling or industrial
use of carbon, pitch, or tarry compounds.
(M) Compressed air illness: Any industrial process carried on in compressed
air.
(N) Carbon dioxide poisoning: Any process involving the evolution or
resulting in the escape of carbon dioxide.
(O) Brass or zinc poisoning: Any process involving the manufacture, founding,
or refining of brass or the melting or smelting of zinc.
(P) Manganese dioxide poisoning: Any process involving the grinding or
milling of manganese dioxide or the escape of manganese dioxide dust.
(Q) Radium poisoning: Any industrial process involving the use of radium and
other radioactive substances in luminous paint.
(R) Tenosynovitis and prepatellar bursitis: Primary tenosynovitis
characterized by a passive effusion or crepitus into the tendon sheath of the
flexor or extensor muscles of the hand, due to frequently repetitive motions or
vibrations, or prepatellar bursitis due to continued pressure.
(S) Chrome ulceration of the skin or nasal passages: Any industrial process
involving the use of or direct contact with chromic acid or bichromates of
ammonium, potassium, or sodium or their preparations.
(T) Potassium cyanide poisoning: Any industrial process involving the use of
or direct contact with potassium cyanide.
(U) Sulphur dioxide poisoning: Any industrial process in which sulphur
dioxide gas is evolved by the expansion of liquid sulphur dioxide.
(V) Berylliosis: Berylliosis means a disease of the lungs caused by breathing
beryllium in the form of dust or fumes, producing characteristic changes in the
lungs and demonstrated by x-ray examination, by biopsy or by autopsy.
This chapter does not entitle an employee or his dependents to compensation,
medical treatment, or payment of funeral expenses for disability or death from
berylliosis unless the employee has been subjected to injurious exposure to
beryllium dust or fumes in his employment in this state preceding his
disablement and only in the event of such disability or death resulting within
eight years after the last injurious exposure; provided that such eight-year
limitation does not apply to disability or death from exposure occurring after
January 1, 1976. In the event of death following continuous total disability
commencing within eight years after the last injurious exposure, the requirement
of death within eight years after the last injurious exposure does not apply.
Before awarding compensation for partial or total disability or death due to
berylliosis, the administrator of workers' compensation shall refer the claim to
a qualified medical specialist for examination and recommendation with regard to
the diagnosis, the extent of the disability, the nature of the disability,
whether permanent or temporary, the cause of death, and other medical questions
connected with the claim. An employee shall submit to such examinations,
including clinical and x-ray examinations, as the administrator requires. In the
event that an employee refuses to submit to examinations, including clinical and
x-ray examinations, after notice from the administrator, or in the event that a
claimant for compensation for death due to berylliosis fails to produce
necessary consents and permits, after notice from the administrator, so that
such autopsy examination and tests may be performed, then all rights for
compensation are forfeited. The reasonable compensation of such specialist and
the expenses of examinations and tests shall be paid, if the claim is allowed,
as part of the expenses of the claim, otherwise they shall be paid from the
surplus fund.
(W) Cardiovascular, pulmonary, or respiratory diseases incurred by fire
fighters or police officers following exposure to heat, smoke, toxic gases,
chemical fumes and other toxic substances: Any cardiovascular, pulmonary, or
respiratory disease of a fire fighter or police officer caused or induced by the
cumulative effect of exposure to heat, the inhalation of smoke, toxic gases,
chemical fumes and other toxic substances in the performance of his duty
constitutes a presumption, which may be refuted by affirmative evidence, that
such occurred in the course of and arising out of his employment. For the
purpose of this section, "fire fighter" means any regular member of a
lawfully constituted fire department of a municipal corporation or township,
whether paid or volunteer, and "police officer" means any regular
member of a lawfully constituted police department of a municipal corporation,
township or county, whether paid or volunteer.
This chapter does not entitle a fire fighter, or police officer, or his
dependents to compensation, medical treatment, or payment of funeral expenses
for disability or death from a cardiovascular, pulmonary, or respiratory
disease, unless the fire fighter or police officer has been subject to injurious
exposure to heat, smoke, toxic gases, chemical fumes, and other toxic substances
in his employment in this state preceding his disablement, some portion of which
has been after January 1, 1967, except as provided in division (E) of section Compensation on account of cardiovascular, pulmonary, or respiratory diseases
of fire fighters and police officers is payable only in the event of temporary
total disability, permanent total disability, or death, in accordance with
section This chapter does not entitle a fire fighter or police officer, or his
dependents, to compensation, medical, hospital, and nursing expenses, or payment
of funeral expenses for disability or death due to a cardiovascular, pulmonary,
or respiratory disease in the event of failure or omission on the part of the
fire fighter or police officer truthfully to state, when seeking employment, the
place, duration, and nature of previous employment in answer to an inquiry made
by the employer.
Before awarding compensation for disability or death under this division, the
administrator shall refer the claim to a qualified medical specialist for
examination and recommendation with regard to the diagnosis, the extent of
disability, the cause of death, and other medical questions connected with the
claim. A fire fighter or police officer shall submit to such examinations,
including clinical and x-ray examinations, as the administrator requires. In the
event that a fire fighter or police officer refuses to submit to examinations,
including clinical and x-ray examinations, after notice from the administrator,
or in the event that a claimant for compensation for death under this division
fails to produce necessary consents and permits, after notice from the
administrator, so that such autopsy examination and tests may be performed, then
all rights for compensation are forfeited. The reasonable compensation of such
specialists and the expenses of examination and tests shall be paid, if the
claim is allowed, as part of the expenses of the claim, otherwise they shall be
paid from the surplus fund.
(X) Silicosis: Silicosis means a disease of the lungs caused by breathing
silica dust (silicon dioxide) producing fibrous nodules distributed through the
lungs and demonstrated by x-ray examination, by biopsy or by autopsy.
(Y) Coal miners' pneumoconiosis: Coal miners' pneumoconiosis, commonly
referred to as "black lung disease," resulting from working in the
coal mine industry and due to exposure to the breathing of coal dust, and
demonstrated by x-ray examination, biopsy, autopsy or other medical or clinical
tests.
This chapter does not entitle an employee or his dependents to compensation,
medical treatment, or payment of funeral expenses for disability or death from
silicosis, asbestosis, or coal miners' pneumoconiosis unless the employee has
been subject to injurious exposure to silica dust (silicon dioxide), asbestos,
or coal dust in his employment in this state preceding his disablement, some
portion of which has been after October 12, 1945, except as provided in division
(E) of section Compensation on account of silicosis, asbestosis, or coal miners'
pneumoconiosis are payable only in the event of temporary total disability,
permanent total disability, or death, in accordance with sections 4123.56,
4123.58, and 4123.59 of the Revised Code. Medical, hospital, and nursing
expenses are payable in accordance with this chapter. Compensation, medical,
hospital, and nursing expenses are payable only in the event of such disability
or death resulting within eight years after the last injurious exposure;
provided that such eight-year limitation does not apply to disability or death
occurring after January 1, 1976, and further provided that such eight-year
limitation does not apply to any asbestosis cases. In the event of death
following continuous total disability commencing within eight years after the
last injurious exposure, the requirement of death within eight years after the
last injurious exposure does not apply.
This chapter does not entitle an employee or his dependents to compensation,
medical, hospital and nursing expenses, or payment of funeral expenses for
disability or death due to silicosis, asbestosis, or coal miners' pneumoconiosis
in the event of the failure or omission on the part of the employee truthfully
to state, when seeking employment, the place, duration, and nature of previous
employment in answer to an inquiry made by the employer.
Before awarding compensation for disability or death due to silicosis,
asbestosis, or coal miners' pneumoconiosis, the administrator shall refer the
claim to a qualified medical specialist for examination and recommendation with
regard to the diagnosis, the extent of disability, the cause of death, and other
medical questions connected with the claim. An employee shall submit to such
examinations, including clinical and x-ray examinations, as the administrator
requires. In the event that an employee refuses to submit to examinations,
including clinical and x-ray examinations, after notice from the administrator,
or in the event that a claimant for compensation for death due to silicosis,
asbestosis, or coal miners' pneumoconiosis fails to produce necessary consents
and permits, after notice from the commission, so that such autopsy examination
and tests may be performed, then all rights for compensation are forfeited. The
reasonable compensation of such specialist and the expenses of examinations and
tests shall be paid, if the claim is allowed, as a part of the expenses of the
claim, otherwise they shall be paid from the surplus fund.
(Z) Radiation illness: Any industrial process involving the use of
radioactive materials.
Claims for compensation and benefits due to radiation illness are payable
only in the event death or disability occurred within eight years after the last
injurious exposure provided that such eight-year limitation does not apply to
disability or death from exposure occurring after January 1, 1976. In the event
of death following continuous disability which commenced within eight years of
the last injurious exposure the requirement of death within eight years after
the last injurious exposure does not apply.
(AA) Asbestosis: Asbestosis means a disease caused by inhalation or ingestion
of asbestos, demonstrated by x-ray examination, biopsy, autopsy, or other
objective medical or clinical tests.
All conditions, restrictions, limitations, and other provisions of this
section, with reference to the payment of compensation or benefits on account of
silicosis or coal miners' pneumoconiosis apply to the payment of compensation or
benefits on account of any other occupational disease of the respiratory tract
resulting from injurious exposures to dust.
The refusal to produce the necessary consents and permits for autopsy
examination and testing shall not result in forfeiture of compensation provided
the administrator finds that such refusal was the result of bona fide religious
convictions or teachings to which the claimant for compensation adhered prior to
the death of the decedent.
HISTORY: GC § 1465-68a; 109 v 181; 113 v 257; 114 v 26; 117 v 268; 118 v
422; 120 v 449; 121 v 660; 124 v 806; Bureau of Code Revision, 10-1-53; 125 v
903(1019); 128 v 743(766) (Eff 11-2-59); 132 v H 331 (Eff 10-31-67); 133 v H 680
(Eff 11-25-69); 135 v H 417 (Eff 11-16-73); 136 v H 1 (Eff 6-13-75); 136 v H 714
(Eff 12-2-75); 137 v H 1282 (Eff 1-1-79); 141 v S 307 (Eff 8-22-86); 145 v H 107
(Eff 10-20-93); 147 v S 45. *
* The amendments made by SB 45 (147 v --) were rejected by the 11-4-97
referendum vote on Issue 2.
The effective date is set by section 21 of HB 107.
© Copyright 2000
Containing legislation passed and filed through August 1, 2000.