Reimbursement of Overpaid Workers’ Compensation Premiums

Eligible employers may be entitled to partial reimbursement of past premiums based on a $420 million fund created by the Ohio BWC to settle a recent lawsuit. An estimated 200,000 employers may be entitled to receive the money. The lawsuit was brought against the BWC for overcharging certain employers that pay into the BWC system.

The eligibility requirements for reimbursement are:

(1) Payment of premiums between the years of 2001 and 2008;

(2) Exclusion from any “group-rated” program during those years; and

(3) Overcharged on premium payments by the BWC.

While many employers may feel they have been overcharged by the BWC, the key factor in determining recoupment is disqualification from the group rating program for the 7 years at issue (2001-2008).

The Ohio Supreme Court has appointed a claims administrator to distribute the settlement money. Eligible employers should have been sent a notice and a claim form in late August about the settlement. For an employer to get paid, this claim form must be filled out accurately and postmarked to the claim. The actual payments could begin as soon as February 2015.

Employers who believe they meet the criteria but have not received the claim form would be well-advised to contact the claims administrator to find out if they are eligible. The claims administrator can be reached at www.ohiobwclawsuit.com and 1-844-322-8230. Claim forms should be mailed by October 22, 2014 to the following address:

San Allen Inc. et al v. Bureau of Workers Compensation et al.
c/o GCG P.O. Box 10107
Dublin, Ohio 43017-3107

If you have any questions about the settlement or making a claim, contact Steve Dlott (sdlott@meyersroman.com) at 216-831-0042.