Posted By Brandy King
April 23, 2025
Category: Mco, Ohio Bwc, Mco Open Enrollment, Managed Care Organization, 2025 Open Enrollment
MCO Open Enrollment will take place Monday, April 28 Friday, May 23, 2025. 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 2027. 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 nine 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. Mismanaged claims can also cost you in the long run when those costs enter the experience and impact your premiums.
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 2025 MCO Report Card here, and learn more about how to interpret the results
Posted By Brandy King
February 19, 2025
Category: Ohio Bwc, Ohio Safety Congress, Self Insured Assessment, Dfsp, Drug Free Safety Program, Cirp, Claim Impact Reduction, One Claim Program
Employers participating in Ohio BWC’s Drug-Free Safety Program (Basic or Advanced) or a Comparable Program will need to submit their required reports by March 31. The report and instructions for Basic and Advanced participants can be found online here, and the report and instructions for Comparable-Level participants can be found online here. Your report also serves as an application for the next program year. If you have additional questions or concerns about this reporting, or need a resource for training, please reach out to your Client Services Manager at Spooner Inc., or email clientservices@spoonerinc.net.
If your policy is enrolled in the Claim Impact Reduction Program (CIRP, formerly known as the One Claim Program), you will need to complete the required training by March 31. A representative from your company must attend a half day class or three hour online class offered by BWC’s Division of Safety & Hygiene. This PDF has additional details about CIRP that first-year participants may find helpful.
For self-insured employers, annual self-insured assessments are due February 28th.
Ohio Safety Congress registration recently opened as well. This three day educational event is free to attend for employers with an active Ohio BWC policy. The Expo Marketplace will be open Wednesday and Thursday, and we encourage you to come visit us in booth 129! You can register for Ohio Safety Congress
Posted By Brandy King
January 07, 2025
Category: Ohio BWC, Group Retro, 20018 Group Retro, 2019 Group Retro, Group Retro Refunds Withheld
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
Posted By Brandy King
December 16, 2024
Category: Dfsp, Drug Testing, Drug Screens, Ohio Bwc, Sur Program, Substance Abuse Recovery
Ohio’s recreational marijuana sales have started! Spooner clients who haven't had a recent review of their drug-free policy can take advantage of a no-cost, no-obligation policy review by First Connect Corporate Services. Our clients who need an update or new policy development will have access to discounted pricing when they mention Spooner. To take advantage of this offer, email your drug free policy to lisawade@firstconnectplus.com and identify your company as a Spooner client.
Don’t forget, there is a reimbursement available to Ohio employers current on their workers’ compensation premium that will cover the costs of policy development or update, employee or supervisor training or Train the Trainer programs. Some drug testing is even included. For most employers, the reimbursement means zero out of pocket when using First Connect as the provider.
Since 2004, First Connect has been a leading provider of drug free program development and training services in the state of Ohio. For more information, please visit their website at www.firstconnectplus.com or call 855.990.5500 and speak to Lisa
Posted By Brandy King
December 16, 2024
Category: TTD, Ohio Bwc, Workers Comp, Disability, Autozone
Last year, we told you about a case that left employers' use of the Voluntary Abandonment defense unclear, and could have long-term negative repercussions. Luckily, it’s been clarified by a recent ruling. The Supreme Court of Ohio officially interpreted a section of the Revised Code in a way that sincerely benefits employers.
The employer, Autozone, was contesting claimant’s receipt of temporary total disability (TTD) compensation after an approved surgery that took place two months after the employer terminated the claimant for unrelated reasons.
The claimant incurred a work-related injury in June of 2020, and returned to work on light duty following conservative treatment. The claimant was terminated in September 2020 for reasons unrelated to the claim. In November 2020, the claimant underwent an approved surgery for the allowed condition, and subsequently filed for TTD. Autozone argued that the claimant wasn’t entitled to TTD because there were no lost wages to replace - due to the claimant not working at the time of the surgery.
The Industrial Commission greenlit the initial request for disability compensation starting on the surgery date. Autozone then filed an appeal with the Tenth Circuit Court of Appeals, requesting the order be vacated and the claimant be found ineligible for TTD. The court agreed with the Industrial Commission and rejected the employer’s argument to deny TTD. The employer then appealed to the Ohio Supreme
Posted By Brandy King
October 28, 2024
Category: Ohio Bwc, Group Rating, Group Retro, Premium Savings
The clock is ticking on Group Rating enrollment for the 2025 Ohio BWC policy year! The deadline for Group Rating paperwork is November 15, 2024. The Group Rating program provides upfront premium savings for qualified Ohio employers. If you are a Spooner client and are eligible for Group Rating, you should have already received your program renewal from us. If you haven’t, please reach out to your client services manager.
If you’d like to receive a quote for Group Rating from Spooner Inc., we can accept requests through Wednesday, November 6. You can complete an authorization online by visiting this page. Keep in mind that waiting this long for a quote means you’d have a maximum of one week to make your decision once you receive it. No one likes feeling rushed, so we’d suggest getting your request in as soon as possible!
Not all Ohio employers are eligible for Group Rating, and may want to consider the Group Retrospective program enrolls through January 27th. Usually referred to as Group Retro, employers enrolled in this program will see savings down the road once actual vs. expected losses are measured.
For businesses that aren’t eligible for Group Rating, and don’t have the flexibility of waiting to see savings, we’d also encourage you to explore SuretyHR, our self-insured PEO (professional employer organization). SuretyHR is an alternative to being insured by Ohio BWC for workers’ compensation. By creating a
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
June 11, 2024
Category: Group Rating, Group Retro, Ohio Bwc, Safety Training, 2 Hour Requirement, Green Year
If your company participated in Group Rating or Group Retro during the 2023 policy year (July 1, 2023-June 30, 2024) and had a claim during the green year(s), you’re required to complete two hours of safety training by June 30, 2024. Please be sure to complete submit the training certificates to your team at Spooner (or your TPA, if you’re not a Spooner client). If you’re unsure if you need to complete this training, reach out to your client services manager. The training doesn’t have to be completed in person – so there’s still time to meet the requirement by participating in one of BWC’s online courses. Here are some details on fulfilling the two-hour training requirement, per the Ohio BWC website.
Two-hour Training Options
A variety of training sources are available for you to fulfill this requirement. They include the following offered through BWC’s Division of Safety & Hygiene:
• Education and Training Services Center courses
• Ohio Safety Congress & Exposition (OSC) safety education sessions
• Safety council seminars, workshops, or conferences featuring a safety topic that are at least two hours long (Safety council monthly meetings do not qualify.)
Guidelines for courses offered through non-BWC training forums
• The group sponsor, third-party administrator, or an independent sourc
Posted By Brandy King
June 11, 2024
Category: Ohio Bwc, True Up, Bwc Payroll, Tpa, Group Rating
It’s almost True Up Time! BWC’s True Up window will begin on July 1, 2024 and will run through August 15, 2024. This is a process required by Ohio BWC at the end of each policy year, where your premiums based on projected payroll for the previous policy year are balanced with premiums based on your actual payroll over the past year. Compliance with both the reporting and payment of any balances affects your company’s eligibility for most savings programs (like Group and Group Retro).
If your actual payroll was higher than projected, you’ll be expected to pay that balance to Ohio BWC no later than August 15th. If you are unable to pay the lump sum at that time, please note that any future premium installments will first be applied to your delinquent True Up Balance before being applied to your premium installments. Payment plans for True Up balances are only available through the Ohio Attorney General’s office following an application process.
If this year’s True Up caught you by surprise, next year consider running a mock report in May or June to help your company prepare for any balance that may be owed. The payroll classifications and totals reported this summer will be used to determine your 2025 policy year premiums. For the 2024 policy year that will begin soon, BWC will be using payroll projections based on your True Up from July 2023. Adjustments to your estimated payroll can also be made throughout the year by contact
Posted By Brandy King
June 11, 2024
Category: Ohio Bwc, Safety Council Program, Safety Council Enrollment, Ohio Workers Comp Savings
Along with the new Ohio BWC policy year beginning on July 1, 2024 – one of their most beneficial programs now has an increased ROI for employers. Participating in a local safety council is beneficial not just for the savings – but also the education, networking, and locating resources to aid your internal safety programs. Ohio businesses have until July 31, 2024 to sign on for the 2024-2025 program. Your company can earn a 3% rebate (not to exceed $5000) on ‘24-25 policy year premiums by attending 10 in-person safety council meetings. At least eight (8) of these must be attended through the safety council you’re enrolled with, and up to two (2) credits can be earned through attending BWC-sponsored in-person or virtual events, or in-person training from external sources like your TPA or trade organizations and Chambers of Commerce.
Remember – to get the 3% rebate, your policy premiums must be current and your most recent True-Up should have been completed on time. This rebate program can be combined with Group Rating, Group Retro and virtually any other BWC program your company participates in. For more information on the Safety Council Program, reach out to us at 440-249-5260 or check out this page on
Posted By Brandy King
May 28, 2024
Category: Ohio Bwc, Workers' Comp, Dfsp, True Up, Grow Ohio, Transitional Work
With the BWC policy year coming to a close at the end of June, here are some reminders for upcoming deadlines that may apply to your policy. If you have any questions about these programs or deadlines, please reach out to your Client Services Manager at Spooner Inc.
May 31
Drug Free Safety Program application deadline for 2024 policy year
Transitional Work Bonus application deadline for 2024 policy year*
June 21
First premium installment due for 2024 policy year
June 28
Deadline for Grow Ohio safety requirements for newer policyholders whose coverage became effective between July 1 and December 31 of 2023
*The Transitional Work Program is slated to end on 7/1/2025 for private employers and on 1/1/2025 for public employers. We’ll have more information on this as it becomes
Posted By Brandy King
May 28, 2024
Category: Ohio Bwc, Workers Comp, True Up, Payroll, Manual Codes
The end of the Ohio BWC policy year will be ending on June 30th, which means it’s time to start thinking about your payroll True Up. Whether you’re an employer who reported late, not at all, or were unable to pay a resulting balance – you’re one of thousands who may have been removed from Group Rating, Group Retro or several other programs as a result. BWC takes timely reporting and balance payment very seriously, so it’s important that Ohio employers do as well!
Most employers are familiar with the process and requirements by now, but here’s a recap for new policyholders and the uninitiated:
BWC’s policy year runs July 1 through June 30.
Ohio BWC uses payroll from two years prior to determine your premiums. If you’re a new policyholder, the payroll projection made on your application is used to calculate premiums.
When the policy year ends, policyholders have from July 1 until August 15 to report their actual payroll from the past policy year
Actual payroll is compared to projections that your premiums were based on, and there are three potential outcomes: break even, the employer owes BWC or BWC owes the employer.
Any balance owed by the employer must be paid at the time of reporting to be considered current and in good standing. There are currently no options for payment plans outside of the balance being turned over to the Ohio Attorney General’s office.
BWC’s billing hierarchy d
Posted By Brandy King
March 22, 2024
Category: Ohio Bwc, Ohio Supreme Court, Workers' Comp, TTD, MMI, Temporary Total, Disability Comepnsation
Earlier in March, the Ohio Supreme Court made a decision regarding Temporary Total Disability (TTD) that overrules a 25 year precedent set by another interpretation. In State ex rel. Dillon v Industrial Commission, the court ruled that an Ohio employer may request termination of a claimant’s TTD from the date an independent medical examination (IME) renders that claimant MMI, or Maximum Medical Improvement. MMI is the point in recovery where the claimant’s condition has stabilized, and any notable improvements going forward are unlikely.
Ohio employers can now request that TTD payments are stopped on the date that MMI is determined by a medical provider, without waiting for the next Industrial Commission hearing that could be up to 60 days away. This case also sets a precedent that claimants are no longer eligible for continuing TTD payouts once they’ve reached MMI status. That means self-insured employers (and BWC) will have the ability to recover compensation overpayments that may have occurred after MMI was determined.
Our friends at Roetzel & Andress have put together a more detailed explanation. If you have questions about how this this may impact your current, open claims, please reach out to your
Posted By Brandy King
March 22, 2024
Category: Ohio Bwc, Substance Use Recovery, Funding
We talked about this program a few months ago, and wanted to share it again since we’ve seen renewed interest from Spooner clients. Ohio BWC’s Substance Use Recovery and Workplace Safety Program provides additional funding for employers to effectively manage substance use in the workplace, especially for companies open to employing those in recovery from substance abuse.
Ohio employers can be reimbursed up to a maximum of $5000 annually. Policy development and testing expenses do have some limits within the $5000, but employers can spend the entire $5000 on training if desired. This isn’t reserved for Ohio BWC Drug Free Safety Program participants – any state fund employer can take advantage of this program. While there are a few rules in place and some ineligible expenses, this program is simple to participate in and use. The biggest exception is that drug test reimbursement is limited to employers with a “second chance policy.” Each category of reimbursement can be used individually, meaning that employers can still take advantage of the training and policy development reimbursements, even if they aren’t comfortable with a second chance
Posted By Brandy King
March 22, 2024
Category: Ohio BWC, BWC Login, OH ID
Ohio employers have begun seeing the option to log in to their BWC accounts with their OH|ID username and password. For the next couple of months, you’ll still be able to use your existing Ohio BWC site login. At some point prior to the upcoming 2024-2025 BWC policy year, employers will only have the option to login via OH|ID.
If your company already has an OH|ID set up, you’re a step ahead and will simply need to merge the accounts when prompted. If not, we’d suggest getting it done as soon as possible.
You can find more information on the upcoming change here, including links to video instructions on the right hand
Posted By Brandy King
February 22, 2024
Category: Ohio BWC, BWC Update, OHID Login, BWC Rate Reduction 2024
Ohio BWC Rate Reduction for PY 2024-25 Approved
Following a rate reduction for public Ohio employers that went into effect January 1, 2024 – Ohio BWC has approved another rate reduction for private employers. Governor DeWine and the administrators at Ohio Bureau of Workers’ Compensation asked their board to approve a 7% rate decrease, which they approved on February 23rd, 2024. Those rates will become effective on July 1, 2024, at the start of the new policy year. BWC will collect roughly $67 million less in premiums from Ohio employers over the course of the policy year.
As we’ve mentioned before, it’s important to note that a 7% rate reduction is not literal – it “represents a statewide average” reduction. What that means for employers is that some rates may go down…but it’s also possible for some to go up. Spooner clients will be notified of any rate changes at their annual renewal. If you’re not a Spooner client and your TPA isn’t reviewing your anticipated rate changes with you, we’re happy to help you understand the potential impact on your premiums. Just complete our online AC-3 form and someone will reach out to you right away.
Ohio Employers Will Soon Transition to OH|ID Logins for BWC Website
Around the end of February, Ohio employers may see the option to log in to their BWC accounts with their OH|ID username and password. For the next couple of months, you’ll st
Posted By Brandy King
January 17, 2024
Category: DOL, Independent Contractors, Ohio Bwc, Workers' Comp
Who’s Really an Independent Contractor? DOL Finalizes New Rule Clarifying Classification
Earlier this month, the U.S. Department of Labor (DOL) finalized its rules regarding classification of independent contractors. The organization hadn’t previously defined this by regulations, only by guidelines (which are as clear as OSHA “best practices”).
The updated rule creates a six-factor “economic realities” test to determine whether or not a worker is truly an independent contractor under the Fair Labor Standards Act (FLSA). Among others, the test includes factors such as degree of permanence, amount of control the employer holds, and the worker’s skills.
Since Ohio employers aren’t required to cover 1099 employees under their BWC policy, we have a lot of discussions with clients about whether or not a worker actually meets the qualifications of being an independent contractor. Understanding these qualifications is not only important for insurance purposes, but also for recordkeeping, and the application of minimum wage and overtime rules.
Our friends at Roetzel & Andress have done a great job of explaining this new classification rule in a way that’s easy to digest and understand, so we’re deferring to their recent update for the details.
For more info on how independent contractors can impact your Ohio BWC policy, check out this blog.
This goes into effect March 11
Posted By Brandy King
December 18, 2023
Category: Ohio Bwc, Bwc Update, Group Retro, Transitional Work, Ohio Bwc EM Cap, Drug Free Safety Program
Ohio Bureau of Workers’ Compensation will be rolling out several changes that will impact Ohio employers in 2024. We mentioned back in August that the way base rates are structured may be changing, which BWC has confirmed. It’s uncertain how this will impact the end premiums, but no big swings are anticipated. We’ll be keeping our clients informed about any major changes.
The following rating elements will also be changing, with the potential to impact future premiums:
• Deductible Factors
• Individual Retro – minimum premium factors
• Group Retro - loss development factors
• Premium Size Credit – ranges and factors
This is also a “wait and see” situation, as we don’t yet know exactly what changes BWC plans on making to these elements.
Certificates of coverage will look different next year as well. They’ll now also list the employer’s MCO, any additional insureds, officers, who is eligible for elective coverage (such as owners), and NCCI codes and descriptions, in addition to the company’s address.
As of now, if employers need to make a minor change or correct an error in a company’s policy name, they had to complete a specific form and fax or mail that form back to BWC. The only way this process could be made slower would be by carrier pigeon. Luckily, they’ve stepped int
Posted By Brandy King
August 25, 2023
Category: ohio bwc, workers comp, group retro, safety council, 2024 py
Ohio BWC will be making some changes for the 2024 policy year (beginning 7/1/24), some of which may have a small advantage for certain policyholders.
Employers will still be subsidizing BWC’s administrative fund as they always have, but House Budget Bill 31 will change how the money is accounted for. Right now, state fund employers are paying base rates plus 29.01%, and that percentage is an administrative fee that goes into the fund. In the future, the admin fee will be fully baked into the base rates, resulting in rates that are roughly 20% higher. All told, employers shouldn’t see a huge difference in amounts paid to BWC. This will apply to both public and private employers, beginning on their respective 2024 policy year start dates.
Another change will allow for potentially better refunds from post-policy year savings programs, like Group Retro, Safety Council, etc. In prior years, those rebates were calculated based on a percentage of “standard premium” – in other words, premiums before BWC’s 29% admin fee was tacked on. If an employer paid $50,000 in annual premium to BWC, only $35,500 if it was counted as premium that they’d be rebated on. Program credits and refunds will begin using full premium in 2024, instead of peeling off the administrative portion of premium when calculating refunds and credits.
The premium dollars going into Retro consortiums will still exclude Premium Size Factor Reductions. T
