Client Alerts

October 22, 2014 Deadline for Ohio Employers to File Claim for BWC Premium Refunds

By: Cash H. Mischka

About: Workers’ Compensation Litigation, Employment & Labor, Employment & Labor Litigation

As a result of a class action lawsuit against the Ohio Bureau of Workers’ Compensation, 270,000 Ohio businesses are entitled to premium refunds because state-funded, Ohio employers that were not group rated were overcharged between policy years 2001-2008. The class of employers eligible for a refund includes private, non-group rated employers who, in one or more policy years from 2001-2008:  (1) subscribed to the State Workers’ Compensation Fund; (2) were not group rated; and (3) reported payroll and paid premiums in a job classification for which the non-group effective base rate was “inflated” because of the application of the group experience rating plan.

Class members should already have received a “Notice of Class Action and Proposed Settlement” from the Settlement Administrator. However, some employers may not have received notice because of an incorrect address, a change in business name, or a merger with or acquisition  of another business entity. Dissolved companies or companies that filed for bankruptcy may also still be eligible for a refund.

To apply for the refund, a “Sworn Proof of Claim” must be completed and postmarked no later than October 22, 2014.  Only one Proof of Claim can be submitted for any given BWC policy number. The Proof of Claim must be notarized and submitted with a completed IRS Form W-9. A Certificate of Good Standing from the Ohio Secretary of State must also be submitted. The Proof of Claim form must be submitted to: San Allen Inc. v. Ohio Bureau of Workers’ Compensation, c/o GCG, P.O. Box 10107, Dublin, Ohio 43017-3107. Incomplete or late claims will not be paid.

If you did not receive a notice or a Proof of Claim form, call 1-844-322-8230 for more information, and have your BWC policy number available. To determine if you are a member of the class of eligible employers or how much your company’s potential refund could be, go to www.OhioBWCLawsuit.com for more information and to obtain claim form documents.

If you have any questions regarding the claims process or whether you are eligible for the refund contact Cash Mischka at 216-583-7170, cmischka@ulmer.com.