News and Updates
Category: Group Retro Refunds Withheld
Group Retro Lawsuit - We Won the Final Round!
Ohio Supreme Court Decision Reinforces Workers’ Compensation Rules — Even During COVID Although the verdict came on April Fool's Day, the decision issued by Ohio's highest court was no joke: administrative agencies must follow their own rules — even during extraordinary circumstances. Spooner Incorporated is proud to have been the only Third-Party Administrator (TPA) in Ohio that supported our clients in this fight, advocating for fair and proper administration of the Group Retrospective (Retro) rating program. What Happened? The Ohio Supreme Court ruled that the Ohio Bureau of Workers’ Compensation (BWC) must still administer its group retrospective rating program for the 2018 policy year, even though those employers received dividends in 2020 equal to 100% of their 2018 premiums. During the first year of the COVID-19 pandemic, BWC issued a one-time dividend to policyholders as financial relief from the impact COVID had on Ohio businesses. Following that, the agency declined to perform group retrospective calculations for the 2018 and 2019 policy years (or make associated payouts), arguing that the dividend effectively replaced any potential refunds. The team at Spooner disagreed, along with our valued client Kent Elastomer and trusted partners at Roetzel & Andress - and a six-year legal battle ensued. Read more about the background here. Why This Matters to Employers This ruling reinforces a critical legal
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
