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The Ohio Bureau of Workers’ Compensation (BWC) has reached a $420 million class action settlement regarding litigation lodged against them by San Allen Inc. This BWC premium charge class action lawsuit was filed by several Ohio employers, including San Allen Inc., alleging that BWC charged several employers non-group rates to cover workers compensation premiums during the 2001-2008 policy year.
San Allen and the participating plaintiffs filed the BWC premium charges class action lawsuit in December 2007, alleging that BWC overcharged plaintiffs workers’ compensation premiums. In an amended complaint filed a month later, San Allen amended the BWC class action lawsuit with an additional allegation of unjust enrichment and violations of the Ohio Constitution.
According to the BWC premium charges class action lawsuit, “The Court conducted a seven-day bench trial in this matter beginning on August 20, 2012. On December 28, 2012, the Court issued a Partial Order and Opinion which found in favor of Plaintiffs on certain matters of liability and scheduled a subsequent hearing to determine the amount of the award.” Several trials later, the class settlement amount of $420 million was determined by the court to compensate eligible Class Members.
The Ohio Bureau of Workers’ Compensation denies liability in the BWC premium charges class action lawsuit, but has agreed to the settlement to avoid uncertainties of judgment and the expenses of continued litigation.
The BWC premium charge class action settlement potentially affects all employers who paid workers’ compensation premiums to BWC at a non-group rate during the 2001 to 2008 Class Period.
Who’s Eligible
According to the BWC premium charges class action settlement, the Class Members include:
“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 manual classification for which the non-group effective base rate was ‘inflated’ due to application of the group experience rating plan.”
Those individuals or entities that meet these requirements may be eligible for compensation.
Potential Award
Varies
Proof of Purchase
Class Members seeking compensation must complete the claim form and submit this form along with their completed W-9 via mail to the Claims Administrator before or postmarked on Oct. 22, 2014.
Claim Form Deadline
10/22/2014
Case Name
San Allen Inc., et al. v. Stephen Buehrer, Administrator, Ohio Bureau of Workers’ Compensation, Case No. CV-07-644950, in the Cuyahoga County Court of Common Pleas
Final Hearing
11/19/2014
Settlement Website
www.OhioBWCLawsuit.com
Claims Administrator
San Allen Inc. v. Ohio Bureau of Workers’ Compensation
c/o GCG
P.O. Box 10107
Dublin, OH 43017-3107
844-322-8230
questions@OhioBWCLawsuit.com
Class Counsel
GARSON JOHNSON, LLC
DWORKEN & BERNSETIN CO. L.P.A.
Defense Counsel
N/A
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One thought on Ohio Bureau of Workers’ Compensation Class Action Settlement
Can someone please let me know the % of companies who filed a claim?? Thank you!