Many of you may be wondering what the status is of the Group Retro lawsuit that we talked so much about in February. Just over two months have passed – but when it comes to legal matters, it’s not much time at all.
To catch you up to speed, a magistrate determined in February that BWC abused their discretion by withholding Retro refunds. BWC had a two-week window following that 2/6/23 decision to file any objections to the decision – which of course, they did. They chose to reiterate several points from their original arguments, and indicated that they did possess the authority to change a portion of the Revised Code without going through the typical rulemaking process.
Our lead plaintiff, Kent Elastomer, and their counsel at Roetzel & Andress have already filed a response to those objections. We’re waiting to see if the full court of appeals wishes to hear oral arguments or proceed with the record that has already been established. Unfortunately, there is no timetable on these next steps, but we will keep you updated here on our blog, on our LinkedIn page, and through our client services managers (if you’re a current Spooner client).
If you participated in Group Retro during the 2018 or 2019 policy years and would like to be on our roster so we can fight for your refunds when the tie comes, complete this form and one of our team members will be in touch with you.
Posted By Brandy King
September 24, 2024
Category: 2018 Group Retro, Retro Refunds, Ohio Bwc, Missing Refunds
You may have received, or will soon receive a letter from Ohio BWC stating that they are “unable to approve your request” to issue premium refunds based on 2018 Group Retrospective Rating. To recap, BWC chose to withhold 2018 Group Retro refunds from Ohio employers in light of the large dividend that was released to employers in 2020. Spooner appealed that decision on behalf of our clients with the intent of getting those Group Retro refunds paid out to participating employers, like your business. Spooner has maintained our stance and our fight over the last three years as the hearings and appeals process has continued to play out. Why did we receive this letter? These letters are a response to the protests we filed on behalf of Spooner clients who participated in 2018 Group Retro. We filed these requests to preserve our appeal rights, should we continue to be successful with the legal action that is now before the Court of Common Pleas. We have concerns that if we prevail in the legal proceedings, BWC may attempt to pay only the lead plaintiff in the case, as opposed to all Group Retro members. Why now? The final snapshot to determine refunds for the 2018 group retro program was on June 30, 2022. We filed the appeals at the end of June 2024 to comply with the two-year statute for filing protests with BWC. What should we do now? There is nothing that employers need to do at this time. If it becomes apparent that action is needed
Posted By Brandy King
September 24, 2024
Category: Ohio Bwc, True Up
With the filing deadline over a month behind us now, hopefully your policy’s 2023-2024 BWC True Up has been completed. The reporting period has historically been July 1through August 15, with a grace period of 30 days. Spooner’s team has been notified that for the current and coming policy years, the True Up period for reporting payroll and paying any remaining balances will be July 1 through August 31, with no grace period. It’s important to note that failure to True Up can impact your eligibility for Group Rating and Group Retro, which can translate to thousands of dollars in lost
Posted By Brandy King
September 24, 2024
Category: Hazcom, Osha, Ghs, Compliance, DOT, Safety Update
OSHA Issues Final Rule on HazCom Standard to Align with Revised GHS In July, OSHA’s final rule on the Hazard Communication Standard for classifying and labeling chemicals went into effect, and will be phased in over a four year period. Changes were made to the standard so that it will align with the 7th revision of the UN’s Globally Harmonized System (GHS), and will impact chemical manufacturers, importers, distributors and employers utilizing hazardous chemicals. The updated standard includes changes to definitions that will impact labeling, handling and classification of hazardous chemicals. Here are some high points: • Additions the definition of Bulk shipment, Combustible dust, Gas, Immediate outer package, Liquid, Physician or other licensed health-care professional (PLHCP), Released for shipment, and Solids. • Clarifications to the definition of Exposure or Exposed, Pyrophoric gas • An addition to Section (f)(5) Transportation clarifying labeling for bulk shipments and pictograms to align with Department of Transportation (DOT) requirements. This solves the issue of having to use both HCS and DOT pictograms for the same hazard. • Smaller containers may utilize special labelling. Capacities under 100 ml will have minimum labeling requirements of a product identifier, applicable pictograms, signal word, manufacturer’s name and phone numb
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