Article ID: b6b618dd0eb66b92d8acb64d38e7b66bfee09ad1b397d97416c31246290c0d47
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URL: https://www.businessinsurance.com/comp-program-must-follow-group-retro-rules-ohio-high-court/
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Comp program must follow group-retro rules: Ohio high court - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Comp program must follow group-retro rules: Ohio high court by Louise Esola Coronavirus , Workers Comp Coverage Apr 1, 2026 The Ohio Supreme Court on Wednesday ruled that the state Bureau of Workers’ Compensation must administer its group retrospective rating program for the 2018 policy year, despite having issued full premium refunds to employers during the COVID-19 pandemic. In State ex rel. Kent Elastomer Prods., Inc. v. McCloud , the court affirmed a lower court’s decision granting a limited writ of mandamus directing the bureau to apply its administrative rules and determine whether additional refunds or assessments are owed. The dispute arose after Kent Elastomer Products Inc., a manufacturer participating in the bureau’s group-retrospective-rating program, sought a refund tied to its group’s claims performance for the 2018 policy year. The program allows employers to receive refunds or incur additional assessments based on collective loss experience. However, in 2020, the bureau issued a one-time COVID-19 dividend equal to 100% of employers’ 2018 premiums to provide financial relief during the pandemic. The agency then declined to conduct group-retro calculations for that year, asserting that the dividend effectively replaced any potential refunds. The court rejected that position, holding that while the bureau had authority to issue the dividend, it lacked authority to suspend its obligations under existing administrative rules governing the group-retro program. “Administrative agencies are bound by their own rules,” the court said, emphasizing that regulations have the force of law and cannot be disregarded without formal rulemaking. The justices also found that the bureau could not offset potential group-retro refunds by the amount of the COVID dividend, noting that the governing rule explicitly prohibits reducing premiums by dividends when calculating refunds. 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