Presentation on theme: "EXTRA- TERRITORIAL JURISDICTION A MONOPOLISTIC PERSPECTIVE (OHIO)"— Presentation transcript:
EXTRA- TERRITORIAL JURISDICTION A MONOPOLISTIC PERSPECTIVE (OHIO)
Ohio extends jurisdiction liberally Jurisdiction extends out of state Jurisdiction extends out of country Benefits paid even if employer does not carry workers’ compensation coverage
Ohio jurisdiction applies when: Contract of hire entered into in Ohio Work performed both in and out of Ohio Supervision occurs from Ohio office (OAC Rule 4123-17-23)
Other jurisdictional factors to be considered: Where injury occurred Employer’s place of business Residence of employee State where employee’s name & payroll reported Whether coverage available in other state Whether work to be done exclusively in other state or exclusively in interstate commerce (Prendergast v. Indus. Comm. (1940) 136 Ohio St. 535; and State ex rel. Stanadyne, Inc. v. Indus. Comm. (1984) 12 Ohio St. 3d 199.)
Jurisdiction NOT extended when: Employee is resident of another state; Insured under similar laws of another state; and, Temporarily working in Ohio Ohio benefits not available; ORC §4123.54
Out-of-state employer with coverage in a state other than Ohio Ohio respects extra-territorial right of workers’ compensation insurance of out-of- state employer when: Regular employee where contract of hire out of Ohio Working temporarily w/in Ohio (not to exceed 90 days.) No Ohio coverage necessary; OAC Rule 4123-17-23
Balancing act to see whether Ohio jurisdiction applies
Benefits paid in TWO jurisdictions Ohio law recognizes this possibility (ORC §4123.54) If benefits paid in 2 states, amounts paid by other states credited on the amount of any award of comp made to employee by Ohio
If there is possibility of conflict: Agreement to be bound by laws of Ohio, or another state If agreement to be bound by Ohio laws, & employer complies with law, employee covered in Ohio regardless of where injury occurs & Ohio law exclusive remedy If agreement to be bound by another state, & employer complies with laws of that state, other state laws are exclusive remedy
TRENDS: In the past- employers avoided Ohio jurisdiction Currently- employers seeking Ohio jurisdiction even when Ohio ties are lacking
Problems: Ohio coverage that overlaps with another state’s jurisdiction (e.g. employers on Ohio borders.) Ohio employers traveling to another jurisdiction to perform jobs of short duration.
Confusion: Employers involved with disaster relief, disaster recovery. Lack of predicted outcome for employer.