$860M Overcharges: Judge Issues Ohio Employers Millions For BWC Overcharges

A Cleveland judge ruled Wednesday that Ohio employers are collectively owed $860 million after being overcharged for nearly a decade by the state insurance fund for injured workers.

Cuyahoga County Common Pleas Judge Richard McMonagle's decision made his decision involving the Ohio Bureau of Workers' Compensation, which affects about 270,000 mostly small-business owners. The majority of them are unaware that they are covered by the class action.

The judge rejected the order of the state's arguments for trying to pay a lesser amount than the $860 million.

The suit that began back in 2007 said the bureau provided discounted premiums to companies that joined group insurance plans. While companies that didn't join the groups plan were charged excessive rates to pay for the discounts.

McMonagle ruled in favor of business owners last December that didn't participate in the group rating program, agreeing that they had been charged unfair premiums from July 2001 to June 2009.

Lawyers of the business argued that companies paying group rates were not charged premiums that covered their losses. This forced the other companies to cover the difference and bureau discounted its group plans as high as 90 percent.

"The court finds that the figure submitted by the plaintiffs was calculated accurately," he wrote.

The bureau plans to appeal, which means the reimbursements of the $860 million won't be immediate. The payout of money is set to come from a surplus of nearly $8 billion held by the $24.5 billion insurance fund for injured workers.

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