Ohio Workers' Compensation Class Action Notice: Should You Stay In Or Opt Out?

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A class action lawsuit is currently pending in the Court of Common Pleas for Cuyahoga County, Ohio, on behalf of certain employers doing business in Ohio. The case alleges that the Bureau of Workers' Compensation (BWC) charged excessive workers' compensation premium rates to employers who were not able to participate in Ohio's group rating program (referred to as "non-group-rated").

The companies' allegation in this action is that group-rated employers – those who participated in the BWC's group rating program – paid inappropriately low premiums, and that because group rating was a "revenue neutral" program, non-group rated employers paid higher premiums to compensate for the difference. San Allen, Inc., et al. vs. Stephen Buehrer, Administrator of the Ohio BWC.

The seven named plaintiff employers are seeking compensation from the BWC on behalf of all class members. The class includes employers who were not group-rated and paid workers' compensation premiums to the BWC for any policy year from July 1, 2001 through and including policy year July 1, 2008.

Please see full alert below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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