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If a person in active service in the armed forces of the United States at any time during a period of
war as defined in the "Veterans' Pension and Readjustment Assistance Act of 1967," 81 Stat. 181, 38 U.S.C.A.
101 or the period beginning May 1, 1940, and ending December 7, 1941, sustained an injury or suffered a disease
while in such service, and if the person is thereafter injured or suffers an occupational disease in the course
of and arising out of his employment in this state, and the industrial commission or the bureau of workers'
compensation awards compensation therefor, it shall determine what part, if any, of the compensation is
attributable to the injury or disease which the person sustained or suffered while in the service and what part
of the compensation is attributable to the injury or occupational disease sustained or suffered in the course of
and arising out of his employment in this state. That part of the compensation attributable to the injury or
disease sustained or suffered while in the service shall be paid out of the statutory surplus of the state
insurance fund created under section 4123.34 of the Revised Code, and shall not be merit rated or otherwise
treated as part of the accident or occupational disease experience of the employer of the employee. That part of
the compensation attributable to the injury or occupational disease sustained or suffered in the course of and
arising out of his employment in this state shall be merit rated and treated as part of the accident or
occupational disease experience of the employer of the employee, and shall be paid out of the state insurance
fund, unless the employer is a self-insuring employer as provided for in section 4123.35 of the Revised Code,
in which case payment shall be made by the self-insuring employer. In such case the administrator of workers'
compensation may order the employer to pay the employee the full amount of compensation awarded the employee by
the commission or the bureau, and in such event it shall order the employer reimbursed out of the statutory
surplus of the state insurance fund for that part of the compensation paid which the commission or bureau
determines to be attributable to the injury or disease sustained or suffered in the service. Nothing in this
section is applicable in connection with any award of compensation made by the commission or bureau to an employee
of an employer who has neither contributed to the state insurance fund nor elected to pay compensation directly
under section 4123.35 of the Revised Code.
The records of any agency of the United States authorized to keep or preserve the records of service of
persons in active service in the armed forces of the United States at any time during a period of war as defined
in the "Veterans' Pension and Readjustment Assistance Act of 1967," 81 Stat. 181, 38 U.S.C.A. 101 or the period
beginning May 1, 1940, and ending December 7, 1941, or to determine the fact of injury or disease of the person
sustained or suffered while in service, when made available to the commission and the bureau in such manner and
form as it deems proper, shall be deemed by the commission and the bureau to establish prima facie the facts of
the service and the fact as to whether or not the person sustained or suffered an injury or disease while in the
service, and if so, the nature thereof, and the prima-facie establishment may be deemed by the commission and the
bureau to be overcome only upon clear and convincing evidence to the contrary. The administrator may accept and
credit to the statutory surplus of the state insurance fund any sum of money that may at any time be contributed
to or made available to the state by the United States under any act of congress, or otherwise, to which the state
is, or may become, entitled by reason of any payments made to employees out of the statutory surplus in accordance
with this chapter.
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