| The following
information is provided courtesy of the Ohio Workers'
Compensation Bulletin. For information about the Bulletin
click
here.
Premium
Reduction Credit Improper
State,
ex rel. United Auto Aerospace &
Agricultural Implement Workers of Am. v. Ohio Bur. of Workers' Comp.
(6/12/02), 95 Ohio St.3d 408, 2002-Ohio-2491:
The Supreme Court held that the premium reduction credit
given by Bureau of Workers' Compensation to Employers in 1999 (which
gave employers credit for past premiums) was improper because the
Bureau did not follow the statute which only permits it to reduce
future premiums.
The Supreme Court also found that the credit was
improper because the Bureau failed to adopt a rule providing for
reduction of premiums as required by statute.
The Bureau had already changed its procedure in response
to the Court of Appeals' decision which found its premium reduction
credit improper and indicated that this ruling would not affect its
actions. However, the Bureau also indicated that it may seek to have
the statute changed to permit it to give premium reduction credits.
Click on the case name
to view the decision on
the Supreme
Court's web site.
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