Since the 2020 policy year wrapped, we’ve mentioned the lackluster performance of several Group Retro pools. These poor returns, as well as a few assessments, are occurring largely in part to BWC’s move to the ACES reserves system, and aren’t necessarily tied to the performance of any one TPA. Luckily, Spooner’s pools remain steady (this is the good), but they may not be the returns we’ve seen in years past.
On July 28, we received what will be the final numbers used to calculate the first round of Group Retro returns for those enrolled during the2020-2021 policy year. Out of 53 groups across all industries, only five performed above the 40% mark. This is increasingly important to remember as you shop 2023-24 programs this summer, and you’re seeing 50-60% returns being promised. The remainder lingered between 10-38% (the bad), with a few more in the red – meaning employers in those pools will be assessed, i.e. billed for their share of the difference (the ugly). Many decision makers don’t make note of the “maximum assessment” when they complete their Group Retro paperwork. This is a percentage disclosed that equates to how much of that year’s premium you’ll be responsible to pay back to Ohio BWC if the performance of your Group Retro pool is worse than expected.
Here’s a real-life example of one of the groups being assessed. This particular pool was assigned a 20% maximum assessment, with a year 1 performance of -9.04%. Employers in this pool will be billed by BWC for 9.04% of their 2020 premiums. Hypothetically, let’s say the performance came in at -24%. Those employers would owe a maximum of 20% of 2020 premiums back to BWC.
Of the six Group Retro pools being assessed, three were in the manufacturing industry and the remaining three in the transportation, construction and extraction industries.
Keep in mind that BWC also chose to withhold 2018 and 2019 Group Retro refunds. Many employers are used to “stacking checks” every fall, when they receive 1st, 2nd and 3rd year Retro refunds from the last three policy years, respectively. Unfortunately, those employers will receive no checks from BWC this fall (and some of them will receive an extra invoice, to add insult to injury). BWC is losing money at a rapid clip, so there won’t be another dividend (Billion Back) rebate this year to cushion the blow of no Retro returns.
If you have questions or concerns about the performance of your Group Retro pool for the 2020 policy year, don’t hesitate to reach out to our team at 440-249-5203 or bdavis@spoonerinc.com.
Posted By Brandy King
April 03, 2026
Category: Ohio BWC, Group Retro, 2018 Group Retro, 2019 Group Retro, Group Retro Refunds Withheld
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
Posted By Brandy King
February 02, 2026
Category: Medical Marijuana, Drugs In The Workplace, Marijuana Rescheduled, Marijuana Breathalyzer, Cannabix, Thc Breath Test
Toward the end of 2025, President Trump signed an executive order directing the U.S. Department of Justice (DOJ) to expedite the rescheduling of marijuana from Schedule I to Schedule III under the Controlled Substances Act. This is monumental in that it acknowledges that marijuana does, in fact, have valid clinical/medical uses and has low-to-moderate potential for abuse. Only four states in the U.S. still regard cannabis as being fully illegal, while another six allow only the cannabinoid CBD, which is known not to produce psychoactive effects. All other states have some version of legal or decriminalized marijuana, be it medical, recreational, or a combination of both. The first thing that’s important to note and is widely misunderstood is that this rescheduling does not legalize marijuana federally. As of January 28, 2026, Marijuana is still a Schedule I drug, since the Drug Enforcement Agency (DEA) has not yet finalized this rule. Once they do cement this change, there could be some wide-sweeping changes to drug testing. The Department of Health & Human Services (HHS) currently only allows testing for Scheduled I and II substances for federal and regulated drug-testing programs followed by DOT-regulated employees and other safety-sensitive positions. Truck drivers, pilots, transit operators, railroad employees, and pipeline workers are all currently subject to mandatory drug and alcohol testing, including marijuana. There has been talk of a
Posted By Brandy King
February 02, 2026
Category: Ohio, Unemployment, Hr Outsourcing, Unemployment Claims, Fraud
If you haven’t considered trusting Spooner’s family of companies with managing your unemployment claims, maybe you’re not sure what it entails and how much time and hassle it could save. You may have also tried outsourcing this to another vendor in the past and found that their approach really didn’t save you much of anything. The team at Spooner Risk Control (which encompasses both Spooner Inc and SuretyHR) boasts over 15 years of experience managing unemployment claims, including an attorney that will represent your company at hearing. Many clients that are new to using our unemployment services have shared that past vendors still required them to log into their portal, submit all the responses and paperwork, then the vendor would send to the state. Our approach is to simply ask for the documentation, submit, and take care of everything. As an unemployment services client, you’d be asked to sign a third-party representation form that will allow any unemployment-related forms and letters to come directly to us so you’re not always the go-between. Here’s a run-down of the services you can expect as an Unemployment Services client: Monitor and report all new unemployment claims and notifications Submission of claims and responses after requesting information from the employer and submission of any rebuttals File and submit appeals on any base period unemployment notifications or allowed claims File appeals to the
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Westlake, Ohio 44145
Phone: 440-249-5260 ext. 153
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