The Ohio 8th District Court of Appeals Upholds the Decision to Force the Ohio Bureau of Workers’ Compensation Refund Millions to Ohio Employers

The San Allen v. Ohio BWC class action lawsuit has been going on for years and a new chapter has been written following a decision by the Ohio 8th District Court. The lawsuit has been going on for years. It stems from the Ohio BWC’s practice of allowing a group rating premium program that provided enormous discounts for qualifying employers and large penalty rates for those employers that didn’t qualify for group rating. The penalty rated employers were fed up with paying more than they should for workers’ compensation to make up the difference in losses for those employers in group rating. The appellate court found that the Ohio BWC “maintained an unlawful and inequitable rating system.” The court also ordered Judge Richard McMonagle from the Cuyahoga County Pleas Court to provide a detailed account of the $859 million refund figure he came up with that the BWC must repay to about 264,000 employers.

The battle has been going on for years in court and Spooner will continue to keep you posted as more information becomes available on this lawsuit. For more information on the courts finding, please check out the following links:

http://www.cleveland.com/courtjustice/index.ssf/2014/05/appellate_court_blasts_ohio_bu.html
http://www.supremecourt.ohio.gov/rod/docs/pdf/8/2014/2014-ohio-2071.pdf

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