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OHIO BUREAU OF WORKERS’ COMPENSATION
REQUIRED POSTING Effective October 13, 2004, Section 4123.54 of the Ohio Revised Code requires notice of rebuttable presumption. Rebuttable presumption means that an employee may dispute or prove untrue the presumption (or belief) that alcohol or a controlled substance not prescribed by the employee’s physician is the proximate cause (main reason) of the work-related injury. The burden of proof is on the employee to prove that the presence of alcohol or a controlled substance was not the proximate cause of the work-related injury. An employee who tests positive or refuses to submit to chemical testing may be disqualified for compensation and benefits under the Workers’ Compensation Act. THIS LANGUAGE MUST BE CONSPICUOUSLY POSTED ATTENTION OHIO EMPLOYERS Notice Regarding Ohio’s Workers’ Compensation Posting Requirement “Each employer paying premiums into the state insurance fund or electing directly to pay compensation to the employer’s injured employees or the dependents of the employer’s killed employees as provided in section 4123.35 of the Revised Code, shall post conspicuously in the employer’s place or places of employment notices, which shall be furnished in adequate number by the bureau of workers’ compensation at the time of the payment of the premium, stating the fact that the employer has made the payment, the date thereof, and period for which the payment is made, or that the employer has complied with section 4123.35 of the Revised Code, and has been authorized by the administrator of workers’ compensation directly to compensate employees or dependents, and the date of the authorization. The notice, when posted, constitutes sufficient notice to the employer’s employees of the fact that the employer has made payment or that the employer has complied with the elective provisions of section 4123.35 of the Revised Code.” |
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