Ohio Considers Appeal in Work Comp Rate-Setting Lawsuit

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Ohio’s insurance fund for injured workers is deciding whether to appeal a ruling that would allow thousands of businesses to sue over a state rate-setting plan.

At issue is an allegation by small business owners that the Ohio Bureau of Workers’ Compensation wrongly awards unrealistically huge premium discounts to employers who are members of groups designed to minimize risk.

They say the system is unconstitutional because it forces thousands of companies not part of groups to subsidize the others.

A judge previously ruled the lawsuit could proceed as a class action, increasing the number of participants. The Ohio 8th District Court of Appeals in Cleveland upheld that decision on April 7.

Bureau spokesman Bill Teets said the agency was weighing an appeal to the Ohio Supreme Court.