Ohio § 4123.68

§ 4123.68.

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 4123.55 to 4123.59 and 4123.66 of the Revised Code subject to the modifications relating to occupational diseases contained in this

chapter.  An order of the administrator issued under this section is appealable pursuant to sections 4123.511 and 4123.512 of the Revised Code . 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. SCHEDULE Description of disease or injury and description of process: (A) Anthrax:  Handling of wool, hair, bristles, hides, and skins. (B) Glanders:  Care of any equine animal having 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 the employee's 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 the employee's employment in this state preceding the employee's 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 firefighters or police

officers following exposure to heat, smoke, toxic gases, chemical fumes and other

toxic substances:  Any cardiovascular, pulmonary, or respiratory disease of a firefighter

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 the firefighter's or police officer's duty constitutes a presumption,

which may be refuted by affirmative evidence, that such occurred in the course of

and arising out of the firefighter's or police officer's employment.  For the purpose of this section, “ firefighter ” 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 firefighter, or police officer, or the firefighter's

or police officer's dependents to compensation, medical treatment, or payment of funeral

expenses for disability or death from a cardiovascular, pulmonary, or respiratory

disease, unless the firefighter or police officer has been subject to injurious exposure

to heat, smoke, toxic gases, chemical fumes, and other toxic substances in the firefighter's

or police officer's employment in this state preceding the firefighter's or police

officer's disablement, some portion of which has been after January 1, 1967, except

as provided in division (E) of section 4123.57 of the Revised Code . Compensation on account of cardiovascular, pulmonary, or respiratory diseases of firefighters

and police officers is payable only in the event of temporary total disability, permanent

total disability, or death, in accordance with section 4123.56 , 4123.58 , or 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 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. This chapter does not entitle a firefighter or police officer, or the firefighter's

or police officer's 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 firefighter

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 firefighter or police officer shall submit to such examinations, including clinical

and x-ray examinations, as the administrator requires.  In the event that a firefighter 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)(1) Cancer contracted by a firefighter:  Cancer contracted by a firefighter who has been

assigned to at least six years of hazardous duty as a firefighter constitutes a presumption

that the cancer was contracted in the course of and arising out of the firefighter's

employment if the firefighter was exposed to an agent classified by the international

agency for research on cancer or its successor organization as a group 1 or 2A carcinogen. (2) The presumption described in division (X)(1) of this section is rebuttable in any

of the following situations: (a) There is evidence that the firefighter's exposure, outside the scope of the firefighter's

official duties, to cigarettes, tobacco products, or other conditions presenting an

extremely high risk for the development of the cancer alleged, was probably a significant

factor in the cause or progression of the cancer. (b) There is evidence that shows, by a preponderance of competent scientific evidence,

that exposure to the type of carcinogen alleged did not or could not have caused the

cancer being alleged. (c) There is evidence that the firefighter was not exposed to an agent classified by

the international agency for research on cancer as a group 1 or 2A carcinogen. (d) There is evidence that the firefighter incurred the type of cancer alleged before

becoming a member of the fire department. (e) The firefighter is seventy years of age or older. (3) The presumption described in division (X)(1) of this section does not apply if it

has been more than fifteen years since the firefighter was last assigned to hazardous

duty as a firefighter. (4) Compensation for cancer contracted by a firefighter in the course of hazardous duty

under division (X) of this section is payable only in the event of temporary total

disability, working wage loss, permanent total disability, or death, in accordance

with division (A) or (B)(1) of section 4123.56 and sections 4123.58 and 4123.59 of the Revised Code . (5) As used in division (X) of this section, “hazardous duty” has the same meaning as

in 5 C.F.R. 550.902 , as amended. (Y) 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. (Z) 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 the employee's 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 the

employee's employment in this state preceding the employee's disablement, some portion

of which has been after October 12, 1945, except as provided in division (E) of section 4123.57 of the Revised Code . 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 the employee's 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. (AA) 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. (BB) 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.