Update on Ohio BWC Settlement Payments - Some Employers Won't Get Paid

The Columbus Dispatch reported on Sunday (June 14th) that the Ohio Bureau of Workers' Compensation will be releasing payment to 24,138 class action members. The website dedicated to the settlement (www.ohiobwclawsuit.com) has an update indicating the checks will be issued by Friday, June 19th.

The total settlement amount was $420 million. The companies with approved claims will collect $255.5 million. The attorneys representing the employers in the class action lawsuit will get $136.5 million and $2 million will be spent on processing the payments and gauging the eligibility of the claims. The unspent portion of the $420 million settlement will stay with the BWC. A total of 12,255 claims were denied which accounts for $7.6 million.

If you are one of the 24,138 companies set to receive payment and have moved to a different address, please make sure you send your new address to the Settlement Administrator at:

San Allen Inc. et al v. Bureau of Workers Compensation et al
c/o GCG
P.O. Box 10107
Dublin, OH 43017-3107

You may also email [email protected].

Latest Update 

June 24, 2015 - A number of employers that were verified as class action members and were expecting to receive a payment may not receive a payment according to the Settlement Administrator of San Allen Inc. v. Ohio Bureau of Workers' Compensation. The class action website, which previously displayed estimated payment amounts for some eligible employers, may now show an estimate of $0 instead. The reasoning behind awarding $0 to a class action member lies in the findings of the Court of Appeals.

The Court of Appeals ruled during the lawsuit that Class members who participated in the group rating program for one or more years during the class period (2001-2008) received a benefit that must reduce their restitution amount, and some Class Members' claims are reduced to zero as a result (the benefits received during group rated years equals or exceeds the detriment suffered during non-group rated years).

Employers that were part of the class action lawsuit may receive a letter showing that they won't be receiving any payment as a result of the class action lawsuit. The letters are titled "Claim Disposition Notice" and will state that the restitution amount is $0 because either 1) the evidence indicated and the trial court determined that although you were a non-group rated for some or all of the class action period you were not overcharged because the premium rate for your manual classification was not inflated due to the group rating program; or 2) you were group rated for at least a portion of the class action period and he undercharges you enjoyed during that time exceeded any overcharges you may have suffered.

Employers are instructed to call the Class Counsel for the lawsuit at (216) 930-4498 for any questions regarding the Claim Disposition Notice.