Employer Cases: Premiums (Court of Appeals)

Ohio Workers’ Compensation Decisions
(Court of Appeals)

Employer: Premiums

Select the case name to read the decision on the Ohio Supreme Court’s web site. For other issues, see our topic index to Ohio workers’ compensation decisions.

City of Cleveland v. Ohio Bureau of Workers’ Comp. (3/8/18)

Inequities in group rating system violated law and did not charge equitable payments, resulting in unjust enrichment of BWC from public employer which was not in a group rating plan.

Vote: 3-0
Opinion by: Gallagher
Appellate District: 8

Frisch’s Restaurants, Inc. v. Conrad (2/8/07)

BWC interpretation that administrative code provision permitting premium rebates to subscribers applied only to current state fund employers was not unreasonable.

Vote: 2-1
Opinion by: Judge Klatt
Appellate District: 10

G&S Metal Prods. Co., Inc., State ex rel. v. Ryan (8/17/10)

Evidence BWC interpreted when making premium determination could be interpreted two different ways; court defers to BWC’s factual finding.

Vote: 3-0
Opinion by: Judge Sadler
Appellate District: 10

K.A.B.E. Ents., Inc., State ex rel. v. Mabe (6/28/07)

BWC properly charged employer with premiums which staffing company that employer had contracted with failed to pay.

Vote: 3-0
Opinion by: Judge Sadler
Appellate District: 10

V & A Risk Servs., State ex rel. v. Ohio Bur. of Workers’ Comp. (8/9/12)

BWC improperly transferred one company’s experience rating (used to determine workers’ compensation premiums) to a professional employer organization which was a separate legal entity based on the fact that the companies shared ownership.

Vote: 3-0
Opinion by: Judge French
Appellate District: 10