The settlement creates a $420 million dollar fund to repay businesses that were overcharged for workers' compensation premiums during a seven-year period and acknowledges the importance of the BWC’s authority to independently set premium rates.
The longstanding case has had impacts that reach far beyond the courtroom. In addition to today’s settlement, in 2009 the BWC adopted a formula that was accepted by the class members that corrected the premium imbalance.
“Because of this case, thousands of Ohio businesses who might otherwise have gone out of business are still here — creating jobs and growing our economy,” ”, explained Earl Stein, lead plaintiff in the case. Stein continued, “This is a wonderful outcome. The past abuses have ended, thousands of businesses who were overcharged will now get money back that can be reinvested, helping them grow their businesses — and the families and employees who were hurt by this system will now have additional resources to help rebuild their lives.”
Terence Copeland, a leader of Pay Us Back Ohio BWC, a non-profit formed as an advocacy group for businesses in the plaintiffs’ class, noted, “There are many people to thank, but in particular we are grateful to Judge Richard McMonagle, who presided over every detail of this complicated case.” Copeland concluded, “Judge McMonagle restored my faith in the legal system.”