News and Updates
Category: Group Retro Refunds Withheld
We Won Again: An Update on Withheld Group Retro Refunds
The team at Spooner Risk Control Services, Kent Elastomer Products, Inc. and Roetzel & Andress have scored another win in the fight to get businesses the Group Retro refunds they’ve earned. Background: At the end of 2020, we shared Ohio BWC’s decision to withhold Group Retro refunds owed to participating employers for the 2018 and 2019 policy years. This was based on the concept that employers were already returned 100% of premiums for those years via dividends released to Ohio employers in April and October of 2020. However, dividend distribution and Group Retro refunds are governed by different rules, and different portions of the Ohio Revised Code. We appealed this decision in August 2020, kicking off a legal battle with Ohio BWC that will continue into 2025. After the victory for Group Retro participants in February 2023, BWC appealed the magistrate’s ruling, stating five objections. A hearing was held on November 19, 2024 by the 10th District Court of Appeals, and four of the five objections were overruled. For the reasons detailed here, the court again ruled in favor of Ohio businesses granted a limited writ of mandamus (meaning BWC is obligated to pay out Group Retro refunds). Hellbent on not paying these earned program refunds to employers, BWC chose to file yet another appeal on December 30, 2024 arguing their reasoning for withholding the refunds. From here, the matter will be referred to the Supreme Court of
BWC Withholds 2018 & 2019 Group Retro Refunds
The BWC is not going to pay out 2018 & 2019 Group Retro refunds this fall. They have decided the dividend rebates issued for these policy years will take the place of 2018 and 2019 Group Retro refunds. We do not believe the dividend proposal passed by the Board of Directors gives the BWC the authority to eliminate Group Retro refunds. Spooner Incorporated is appealing this decision with the BWC, but we may not be able to do it alone. Please reach out to Brian Davis if you would like to join us in the fight to get the BWC to release the 2018 and 2019 Group Retro refunds this fall. Brian can be reached
