News and Updates
Month: April 2023
2018 & 2019 Group Retro Update
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
2023 EMR and Rate Publication
Along with the potential base rate increase we discussed in another article, Ohio employers will soon be receiving additional details for the 2023 policy year. Sometime over the next 60 days, businesses will get a letter from BWC confirming EMR and Group Rating discounts effective 7/1/23. Most businesses assume whatever Group Rating discount they were offered when they signed up over the summer and fall of 2022 was locked in, but that’s not the case. Group Rating is never a guarantee - the number you’re given is always an estimate. Your Experience Modification Rate (EMR) impacts rates, program eligibility, and for some companies – the success rate of RFPs. General contractors and large corporations (like GM, Honda, AK Steel, etc.) will often require subs or anyone working on their property to maintain an EMR of 1.0 or lower. While the EM Cap program will lower your published EMR to 0.99, those with industry experience often know that it’s not organic. If a high EMR is affecting your company’s success, there are more cost-effective options outside of EM Cap and other BWC programs. Please reach out to our team of experts if you have any questions or concerns when receiving these notifications from
Ohio BWC Rates Still Rising for Some Employers in '23
You may remember that we told you earlier in the year that Ohio BWC’s “Base Rate Reduction” didn’t mean lower rates for everyone. Now we have the data on which base rates are going up, and the Ohio workers’ comp policies that increases will be impacted. Manual (NCCI) codes within all industries will see increases, but some more than others. If your business classifies payroll under manual codes for commercial, transportation, construction or agriculture, some of your base rates may increase as much as 20%. These new rates will become effective when the new BWC policy year begins on July 1, 2023. Being enrolled in Group Rating for the 2023 policy year doesn’t “lock in” rates – these will still apply regardless of program enrollment. No one likes surprises when it comes to finance, so we’re here to help determine how much of an increase you can expect. If you complete this form on our website, we’ll calculate your increase for you and we’re happy to discuss additional savings options. If you have any additional questions about these changes, please contact us at
2023 MCO Open Enrollment is Around the Corner!
MCO Open Enrollment will take place Monday, May 1st, through Friday, May 26th, 2023. The opportunity for employers to choose their managed care organization (MCO) for Ohio Workers’ Comp comes only every two years, so employers will not have the opportunity again until 2025. Don’t miss out if you want to make a change! We know May is “busy season” for several industries with the weather warming up, but if you’re anything less than pleased with your MCO – it’s worth making time to take a few meetings and consider your options. With all of the mergers and acquisitions in the Ohio MCO marketplace over the last several years, there are now only 10 companies to choose from. Since MCOs aren’t paid directly by employers, there are often low expectations set because no “value” is assigned. It’s true that MCOs are paid by Ohio BWC, but they are paid with a portion of employer premium dollars. If you want to stay with your current MCO, there is nothing you need to do. We suggest being very cautious of what you sign or agree to during this time period, as some sales tactics can be misleading. You can view BWC’s 2023 MCO Report Card here, and learn more about how to interpret the results
Are Your 2023 Base Rates Increasing?
You may remember that we told you earlier in the year that Ohio BWC’s “Base Rate Reduction” didn’t mean lower rates for everyone. Now we have the data on which base rates are going up, and the Ohio workers’ comp policies that increases will be impacted. Manual (NCCI) codes within all industries will see increases, but some more than others. If your business classifies payroll under manual codes for commercial, transportation, construction or agriculture, some of your base rates may increase as much as 20%. These new rates will become effective at the start of the new BWC policy year on July 1, 2023. Being enrolled in Group Rating for the 2023 policy year doesn’t “lock in” rates – these will still apply regardless of program enrollment. No one likes surprises when it comes to finance, so we’re here to help determine how much of an increase you can expect. If you complete this form on our website, we’ll calculate your increase for you and we’re happy to discuss additional savings options. If you have any additional questions about these changes, please contact us at
