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Employer Law Report

Tag Archives: BWC

Cuyahoga County Common Pleas Court Finds Ohio BWC Group Rating Program Resulted in Overcharges to Non-Group Employers, Orders Restitution

Posted in Workers' Compensation

Beginning on August 20, 2012, a bench trial was conducted before Cuyahoga County Common Pleas Court Judge Richard McMonagle in a class action lawsuit against Stephen Buehrer, the Ohio Bureau of Workers’ Compensation Administrator, in his official capacity in which a class of employers alleged that they were unlawfully excluded from participating in, or were dismissed from, the Bureau’s group-rating program during the years from 2001 to 2009. As a result, the plaintiff companies alleged that they were overcharged by the Bureau and sought restitution of the excess premiums paid. Judge McMonagle issued his decision last week finding in favor …


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Workers’ Compensation Considerations When Purchasing a Company

Posted in Workers' Compensation

When a purchase of a business takes place in Ohio, the purchaser often overlooks the fact that it will assume the sellers’ workers’ compensation claims experience either in part or in whole. The Bureau of Workers’ Compensation ("BWC") has taken a fairly strict line in combining and transferring coverage to purchasers.

When a new owner wholly assumes the former employer’s business, the BWC transfers all of the employer’s claims experience to the purchaser. If the new owner purchases a portion of the business, only a part of the former employer’s experience will be transferred. Even if the parties enter into …


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BWC Implements Workplace Wellness Grant Program for Employers

Posted in Workers' Compensation

Effective January 10, 2012, the BWC has implemented a new program providing grants up to $15,000 over 4 years to state-fund employers to create workplace wellness programs for the prevention of occupational injuries and illnesses and to address health risk factors to reduce the number and severity of workplace injuries and illnesses.

State fund employers without an existing wellness program who are current on all premiums and other costs are eligible to apply for a grant. In addition, employers shall agree not to eliminate any jobs or reduce employment due to the implementation of the workplace wellness program. The BWC …


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Ohio BWC Offers a One-Time Waiver of Penalties to Employers Who Fail to Timely Pay Premiums

Posted in Workers' Compensation

The Ohio Bureau of Workers’ Compensation has implemented a new policy for employers who fail to pay premiums timely.

Pursuant to Governor Kasich’s Common Sense Initiative, in an effort to attract and retain business in Ohio, the Bureau of Workers’ Compensation will permit an employer one violation of the reporting deadline for payroll and waive any associated penalties with the violation.

If an employer fails to pay premiums timely and the employer’s coverage lapses, the employer becomes liable for late payments, interest and claim costs on claims that occur during the lapse. Previously, the only way an employer could be …


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Ohio BWC Creates New Rule Circumventing the Ohio Supreme Court’s Decision

Posted in Workers' Compensation

In June 2009, we reported on the Ohio Supreme Court’s decision to create a narrow exception to the broad BWC successor rules. The Ohio Supreme Court’s decision in State ex rel. Valley Roofing, LLC v. Ohio Bureau of Workers’ Compensation created a small exception to the BWC’s broad authority to impose successorship liability when it held that a business that acquired another business’s assets via a bank foreclosure was not a successor to the previous business.

Ohio’s courts have long held that the workers’ compensation statute authorizes the BWC to find successorship whenever “any employer transfers a business in whole or …


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