Should You Opt-Out of the
Ohio Workers’ Compensation Class Action Suit?

Many Ohio employers are receiving a “Notice of a Pending Class Action” from the Cuyahoga County Court of Common Pleas. The case, San Allen, Inc., et al., v. Stephen Buehrer, Admin. of the Ohio Bureau Workers’ Compensation, Case No. CV 07 644950, alleges that the Bureau of Workers’ Compensation charged excessive premiums to non-group rated employers for policy years from July 1, 2001, to July 1, 2008. Employers who were charged non-group rated premiums during any one or more of the years in question are automatically part of the class action.

If you are part of the class action, any rights that you may have to the monetary relief alleged in the case will be determined as part of the class action.

If, however, an employer in Ohio wishes to opt out of the pending class action, the employer must do so by Feb. 29, 2012, and provide notice to the Cuyahoga County Court of Common Pleas. The determination whether an employer should opt out of the pending class action and pursue the employer’s rights directly against the Bureau of Workers’ Compensation can best be determined on a case-by-case basis.

If you have questions or need any assistance in making such a determination, please contact William Barath at 614-462-2311 or William.Barath@icemiller.com.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader must consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.