Ohio § 4123.75

§ 4123.75.

Any employee whose employer has failed to comply with section 4123.35 of the Revised Code , who has been injured or has suffered an occupational disease in the course of his

employment, which was not purposely self-inflicted, or his dependents in case death

has ensued, may file his application with the industrial commission or the bureau

of workers' compensation for compensation and the administrator of workers' compensation

shall determine the application for compensation in like manner as in other claims

and shall make an award to the claimant as he would be entitled to receive if the

employer had complied with section 4123.35 of the Revised Code .  Payment of the claim shall be made promptly from the statutory surplus fund.  Payment shall not bar any action under section 4123.77 of the Revised Code .  If a recovery is made in an action under section 4123.77 of the Revised Code any funds paid from the state insurance fund under this section shall be repaid by

the claimant.  The administrator shall institute proceedings to recover from the employer any moneys

paid from the surplus fund and to secure the employer's payment of the award.  The employer shall pay the award in the manner and amount fixed thereby or shall

furnish to the bureau a bond, in an amount and with sureties as the bureau requires,

to pay the employee the award in the manner and amount fixed thereby. An order of the administrator issued under this section is appealable pursuant to sections 4123.511 and 4123.512 of the Revised Code .  In the event payments are made to a claimant which should not have been made under

the final decision in the appeal of the claim, the amount of the payments shall be

charged to the surplus fund created under division (B) of section 4123.34 of the Revised Code .  In the event recovery is made from the noncomplying employer, the sums that are

recovered shall be paid into the surplus fund. If the employer fails to pay the compensation to the person entitled thereto, or fails

to furnish the bond, within a period of ten days after notification of the award,

the award constitutes a liquidated claim for damages against the employer in the amount

ascertained and fixed by the administrator or commission, and the administrator shall

certify the same to the attorney general who shall forthwith institute a civil action

against the employer in the name of the state for the collection of the award.  In the action it is sufficient for the plaintiff to set forth a copy of the record

of proceedings of the commission or bureau relative to the claims certified by the

administrator to the attorney general and to state that there is due to plaintiff

on account of the finding and award of the commission or bureau a specified sum which

plaintiff claims with interest.  A certified copy of the record of proceedings in the claim shall be attached to

the complaint and constitutes prima-facie evidence of the truth of the facts therein

contained.  Further proceedings shall be as provided in the Rules of Civil Procedure.  As soon as the issues are made up in any such case, it shall be placed at the head

of the trial docket and shall be first in order for trial.  The cause of action provided in this section and the cause of action provided by section 4123.37 of the Revised Code may be joined in one action against an employer, and the amount of any premium paid

or recovered from the employer for the period not exceeding six months during which

the injury or disease, or injury or disease resulting in death, occurred shall be

credited against the amount of any judgment for compensation recovered pursuant to

this section.  The amount recovered in the action from the employer shall be paid into the surplus

fund created under division (B) of section 4123.34 of the Revised Code up to the amount paid out of the surplus fund and the balance into the state insurance

fund.  Any employee of a self-insuring employer, in the event of the failure of his employer

to pay the compensation or furnish the medical, surgical, nursing, and hospital services

and attention or funeral expenses, may file his application with the commission or

the bureau for the purpose of having the amount of the compensation and the medical,

surgical, nursing, and hospital services and attention or funeral expenses determined;

 and thereupon like proceedings shall be had before the bureau and with like effect

as provided in this section. The administrator shall adopt and publish rules governing the procedure before the

bureau and commission provided in this section and shall prescribe the form of notices

and the manner of serving the same in all claims for compensation arising under this

section.  Any suit, action, proceeding, or award brought or made against any employer under

this section may be compromised by the administrator, or the suit, action, or proceeding

may be prosecuted to final judgment as in the administrator's discretion may best

subserve the interests of the state insurance fund. A final judgment against the employer recovered in the manner provided in this section

entitles the claimant to the compensation provided in this chapter for the injury,

occupational disease, or death and the compensation shall be paid from the surplus

fund created by section 4123.34 of the Revised Code , and any sum recovered on account of the judgment shall be paid to the bureau and

credited to the fund the administrator designates.