Ohio Rev. Code » Chapter 4123
Ohio Revised Code

Ohio Rev. Code § 4123.46 (2026)

Payments from state insurance fund

✓ current as of May 2026
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Effective:
September 30, 1998
Latest Legislation:
House Bill 558 - 122nd General Assembly
PDF:
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(A)(1) Except as provided in division (A)(2) of this section, the bureau of workers' compensation shall disburse the state insurance fund to employees of employers who have paid into the fund the premiums applicable to the classes to which they belong when the employees have been injured in the course of their employment, wherever the injuries have occurred, and provided the injuries have not been purposely self-inflicted, or to the dependents of the employees in case death has ensued.

(2) As long as injuries have not been purposely self-inflicted, the bureau shall disburse the surplus fund created under section 4123.34 of the Revised Code to off-duty peace officers, firefighters, emergency medical technicians, and first responders, or to their dependents if death ensues, who are injured while responding to inherently dangerous situations that call for an immediate response on the part of the person, regardless of whether the person was within the limits of the person's jurisdiction when responding, on the condition that the person responds to the situation as the person otherwise would if the person were on duty in the person's jurisdiction.

As used in division (A)(2) of this section, "peace officer," "firefighter," "emergency medical technician," "first responder," and "jurisdiction" have the same meanings as in section 4123.01 of the Revised Code.

(B) All self-insuring employers, in compliance with this chapter, shall pay the compensation to injured employees, or to the dependents of employees who have been killed in the course of their employment, unless the injury or death of the employee was purposely self-inflicted, and shall furnish the medical, surgical, nurse, and hospital care and attention or funeral expenses as would have been paid and furnished by virtue of this chapter under a similar state of facts by the bureau out of the state insurance fund if the employer had paid the premium into the fund.

If any rule or regulation of a self-insuring employer provides for or authorizes the payment of greater compensation or more complete or extended medical care, nursing, surgical, and hospital attention, or funeral expenses to the injured employees, or to the dependents of the employees as may be killed, the employer shall pay to the employees, or to the dependents of employees killed, the amount of compensation and furnish the medical care, nursing, surgical, and hospital attention or funeral expenses provided by the self-insuring employer's rules and regulations.

(C) Payment to injured employees, or to their dependents in case death has ensued, is in lieu of any and all rights of action against the employer of the injured or killed employees.
Notes of Decisions
Cited in 13 cases, 1955–2020 · leading case: Liberty Mut. Ins. v. Indus. Comm'n, 532 N.E.2d 124 (Ohio 1988).
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Liberty Mut. Ins. v. Indus. Comm'n, 532 N.E.2d 124 (Ohio 1988). “R.C. 4123.46. The commission is also obligated to credit payments made under the law of another state by virtue of R.”
Phelps v. Positive Action Tool Co., 497 N.E.2d 969 (Ohio 1986). “R.C. 4123.46 provides in part that “[t]he industrial commission shall disburse the state insurance fund to employees of employers who have paid into said fund the premiums applicable to the classes to which they belong when such employees have been injured in the course of their…”
In Re Lindsay, 261 B.R. 209 (Bankr. S.D. Ohio 2001). · cites it 4× “74; O.R.C. § 4123.46; Ritchie v. Dravo Corp., 585 F.”
Vance v. Trimble, 688 N.E.2d 1049 (Ohio Ct. App. 1996). · cites it 2× “Specifically, the trial court found that (1) pursuant to R.C. 4123.46 and 4123.54, Vance’s death was the result of a purposely self-inflicted drug overdose and the intentional misuse of a prescribed controlled substance; and (2) the drug overdose was an intervening cause that…”
Scott v. City of East Cleveland, 476 N.E.2d 710 (Ohio Ct. App. 1984). “R.C. 4123.46. The doctrines of res judicata and collateral estoppel apply to quasi-judicial decisions made by administrative agencies from which no appeal has been taken.”
Testement v. Nat'l High. Express, 683 N.E.2d 439 (Ohio Ct. App. 1996). “See R.C. 4123.46. NHE’s motion for summary judgment forced Testement, the nonmoving party, to point to or submit some evidentiary material to demonstrate that a genuine dispute existed as to whether he was an employee of NHE.”
Bruce v. Bruce, 130 N.E.2d 433 (Ohio Ct. App. 1955). “Those in this latter class are the only dependents to whom the Commission may make payment either upon an original award (§§4123.46, 4123.51 R. C.) or upon the death of an employee to whom an award has been made.”
State ex rel. Manor Care, Inc. v. Bur. of Workers' Comp. (Slip Opinion), 2020 Ohio 5373 (Ohio 2020). “Work Injuries and Benefit Awards {¶ 2} After sustaining injuries while working for Manor Care, appellees Mozell Kelly and Katalin Palotay were each awarded PTD compensation in the mid-1990s.”
State ex rel. Manor Care, Inc. v. Bur. of Workers' Comp., 2019 Ohio 2578 (Ohio Ct. App. 2019). · cites it 2× “Ohio Revised Code Section 4123.46(B) requires self-insuring employers to provide, at a minimum, the same level of medical care, compensation, and benefits that would be provided to injured workers employed by a participant in the state insurance fund.”
Kilgore v. Kilgore, 449 N.E.2d 802 (Ohio Ct. App. 1982). · cites it 2× “See R.C. 4123.46, 4123.51, 4123.68, 4123.59 and 4123.”
State Ex Rel. OmniSource Corp. v. Self-Insuring Employers Evaluation Bd., 877 N.E.2d 360 (Ohio Ct. App. 2007). “Additionally, according to relator, who cites R.C. 4123.46(B), the magistrate misused the term “unilateral” because “a self-insuring employer serves both the role of the employer and the administrator.”
Indus. Comm'n of Ohio v. Sherry, 484 N.E.2d 212 (Ohio Ct. App. 1984). · cites it 2× “See R.C. 4123.46, 4123.51, 4123.68, 4123.59 and 4123.”
Show all 13 citing cases →
— Ohio Rev. Code § 4123.46(B) — 3 cases
State ex rel. Manor Care, Inc. v. Bur. of Workers' Comp. (Slip Opinion), 2020 Ohio 5373 (Ohio 2020). “Work Injuries and Benefit Awards {¶ 2} After sustaining injuries while working for Manor Care, appellees Mozell Kelly and Katalin Palotay were each awarded PTD compensation in the mid-1990s.”
State ex rel. Manor Care, Inc. v. Bur. of Workers' Comp., 2019 Ohio 2578 (Ohio Ct. App. 2019). “Ohio Revised Code Section 4123.46(B) requires self-insuring employers to provide, at a minimum, the same level of medical care, compensation, and benefits that would be provided to injured workers employed by a participant in the state insurance fund.”
State Ex Rel. OmniSource Corp. v. Self-Insuring Employers Evaluation Bd., 877 N.E.2d 360 (Ohio Ct. App. 2007). “Additionally, according to relator, who cites R.C. 4123.46(B), the magistrate misused the term “unilateral” because “a self-insuring employer serves both the role of the employer and the administrator.”
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