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Where is BWC's Group Retro Program Headed?

 

In our last few blogs and newsletters, we’ve been updating you on the changes we’re noticing in Ohio BWC’s Group Retro program.  Initially, there was the withholding of 2018 and 2019 refunds (six total payouts for participating employers). Then, we began noticing the overall degradation of retro refunds.  Most recently, we’ve noticed how BWC’s changes to their claim reserve calculations are having a tremendous impact on the performance of Group Retro pools.  For those of you who didn’t read our post about reserve calculations, here’s an abridged version: workers’ comp claims have a dollar amount reserved at the onset of a claim (yes, even if you do salary continuation) for additional funds that the insurer thinks it may end up costing.  BWC’s method of calculating reserves changed in January 2021 and Spooner’s tracking of these trends show reserves increasing as much as 1900% on some claims. Why does it matter? That pretend money is treated like real money when your experience is calculated for the next year, determining your premiums. That $5000 ankle sprain is now a $29,000 ankle sprain, and the insurer (BWC) will recoup their losses from you accordingly. 

We’ve been tracking the impact these reserves have on Group Retro, and it shows a vast majority of the pools underperforming.  Some competitors even show the possibility of an assessment, meaning that policyholders will actually owe money back to BWC instead of getting a refund.  The Group Retro program refunds part of premiums to groups when losses are lower than expected – but an assessment occurs when losses are higher than expected.  Most industry pools show at least one group in the red, but the service industry groups seem to be getting hit the hardest.  

You might assume that if your pool is projected to be assessed, that your TPA would have reached out to help your company prepare for this possibility.  The truth is, they’re not obligated to notify you in advance if they see it coming. The way Group Retro has been performing, it may not be a bad idea to check in with your TPA mid-policy year and ask where the group stands.  They are provided these estimates on a quarterly basis by BWC, but will typically not share that information unless they’re asked – as it often has a negative impact on their ability to retain customers for the coming policy year. Spooner doesn't always share the same concerns as other TPAs, as our clients have come to rely on our effective claims management as opposed to relying on us saving them money via programs alone. 

All of Spooner’s Group Retro pools are currently safe and still projecting refunds.  While we can’t predict the future, we feel confident about the performance of our pools based on our dedication to proactive claims management and our investment of safety services for Group Retro clients. If you’d like to know how your current Group Retro pool is performing (yes, even if you’re not a Spooner client!), please reach out to us at 440-249-5207.

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Rehashing the Complexities of Marijuana in the Workplace

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

Unemployment Services with Spooner

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

New E-Verify Requirement for Non-Residential Construction (HB 246)

Posted By Brandy King
February 02, 2026 Category: I 9, Immigration, E Verify, Construction, Ohio Hb 246

If you weren’t paying close attention, you may have missed the passage of Ohio’s House Bill 246, or the E-Verify Workforce Integrity Act. This will require all Ohio nonresidential contractors, subcontractors, and labor brokers to confirm employees’ work eligibility through the federal E-Verify program. Nonresidential construction is defined in HB 246 as: “…The construction or renovation of any building, highway, bridge, utility, or related infrastructure, but does not include any of the following: (1) An industrialized unit, manufactured home, or a residential building as defined in section 3781.06 of the Revised Code; (2) A building or structure that is incidental to the use of the land on which the building or structure is located for agricultural purposes as defined in section 3781.06 of the Revised Code; (3) A mobile home as defined in section 4501.01 of the Revised Code.” Included employers are expected to be fully compliant with the E-Verify requirement by March 19, 2026. There are currently no exceptions being made for small businesses or sole proprietors, and E-Verify is a free service.  Employers will enroll at www.e-verify.gov and create a new case for each new hire by entering info provided on their I-9 and should receive initial results in seconds. Once a final eligibility result is obtained, employers may close that employee’s case. The Act requires employers to maintain this verification record for three

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