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
Obviously, our biggest news is the legal victory in our Group Retro case! Earlier in February, a Magistrate from the Tenth Circuit Court of Appeals in Columbus ruled in favor of our client Kent Elastomer Products, Inc., vacating BWC’s 2020 decision to withhold 2018 Group Retro refunds. You can read our official public statement in its entirety here. There are still a couple of hurdles to be cleared, so we’re doing our best to educate employers on the story so far, and what could happen next. As of 2/15/22, Ohio BWC had requested a two-week extension on their initial two-week appeal window. Please stay tuned for updates! Any major developments will be shared first on the Spooner Inc LinkedIn page. If you're not a Spooner Inc client, you can complete this form to request additional information about your potential