San Allen v. Ohio Bureau of Workers' Compensation

CLASS ACTION SEEKING RESTITUTION FOR NON-GROUP RATED EMPLOYERS FOR POLICY YEARS 2001 THROUGH 2008

Frequently Asked Questions

Why did the Court issue this Notice?

The Court issued this Notice because you have a right to know about a lawsuit that may affect your rights. If you received the Notice you paid premiums as a non-group rated employer for at least one policy year between 2001 and 2008, and so you are a member of the plaintiff class that the Court has certified in this case.

The Notice explains the lawsuit and your legal rights. Judge Richard McMonagle of the Cuyahoga County Court of Common Pleas is in charge of this case, San Allen, et al. v. Stephen Buehrer, Adm. Bureau of Workers' Compensation, Case Number 644950. The people who sued are called the Plaintiffs, and the party they sued, Steve Buehrer, Adm. Bureau of Workers' Compensation, is called the Defendant.

What is this lawsuit about?

The Plaintiffs allege that the BWC charged excessive workers' compensation premium rates to non-group rated employers. The policy years covered by this lawsuit are 2001 through and including 2008. The Plaintiffs claim that the inflated non-group premium rates were caused by excessive discounts granted under the group rating program, which resulted in inflated base rates for most manual classifications. The Plaintiffs claim that they are owed restitution for the inflated premiums charged by the BWC. The Plaintiffs seek such restitution in this case, on behalf of themselves and all other non-group employers who were charged the alleged inflated rates.

The BWC denies wrongdoing or liability of any kind associated with the claims brought by the Plaintiffs.

Why is this a class action?

In a class action, one or more people called "Class Representatives" (in this case, San Allen, Inc. is one of the Class Representatives) sue on behalf of people who have similar claims. All these people together are a "Class" or "Class Members." One court resolves the issues for all Class Members.

What is the advantage of a class action?

The primary advantage of a class action is that it is often the only realistic option to bringing justice to a cause. It allows a group of people to have access to the courts in situations where the case would be too expensive or too complex for one person to sue on his or her own.

Financial risks for taking on a class action are absorbed by the law firm. Individual class members are not responsible to pay lawyer fees nor are they liable to pay any costs if the class action is not successful.

How do I join the class action?

You do not have to do anything to join this class action. An employer who fits within the court's definition of the class is automatically included in the class action.

Are there any costs associated with being a class member?

No. The costs are assumed by the lawyers who act for the lead plaintiff in conformity with a written agreement to this effect. The lawyers representing the class are paid legal fees only if the action is resolved successfully, either by way of settlement or judgment.

All legal fees of class counsel must first be approved by the court, which must be satisfied that the fees are fair and reasonable in the circumstances.

Are there exceptions to being included in the class? Yes.

Excluded from the Class are: (1) Employers who only paid the minimum premium will not be owed any restitution; (2) Retrospectively rated employers will not be owed restitution; (3) the judge to whom this case is assigned and any member of the judge's immediate family; (5) employers who did not pay workers compensation premiums to the Ohio Bureau of Workers' Compensation; and (6) persons who timely and validly opt to exclude themselves from the Class.

Why should I participate in this class action?

All class members stand to benefit from a successful class action and are not burdened with the expense and inconvenience of starting and prosecuting their own lawsuit. There are also no costs or legal fee associated with being a class member. You are not being sued and no one will sue you as a result of this case.

How much would my payment be if the Plaintiffs ultimately succeed in this case?

We do not know how much your payment would be at this time. The amount of your payment will be based on which manual classification applies to you, the year or years for which you are owed restitution, and the amount of premium you paid to the BWC in those years.

When would I get my payment?

This case has not yet been decided by the Court, and the BWC is contesting the Plaintiffs' claim for restitution. The case has been scheduled for trial in August, 2012. If the Plaintiffs succeed in proving their claims you may be entitled to restitution. You will not be paid until after the Court enters Judgment in the lawsuit. If the Plaintiffs win at trial and the Court enters final judgment, there may be appeals. Until any appeals are resolved, you will not be paid. Many class action lawsuits are resolved through settlement, but at this point there has been no settlement in this case. Please be patient.

Do I have a lawyer in this case?

The Court appointed the following law firms and/or organizations to represent you as Class Counsel:

You do not have to pay Class Counsel. If you want to be represented by your own lawyer, you may hire one at your own expense to appear for you in Court.

How will the lawyers be paid?

Class Counsel will ask the Court to approve attorneys' fees and costs for their work on behalf of you and other Class Members. The Court may approve less than the requested amount.

Do I have to come to the trial?

No. Class Counsel and the Class Representatives will represent you at the trial. However, you are permitted to attend the trial if you wish. You may also pay your own lawyer to attend, but it's not necessary.

What happens if I do nothing at all?

If you do nothing, you will remain a member of the Plaintiff Class, and if the Plaintiffs succeed in this case you may be entitled to restitution.

Are there more details about the case?

Yes. More details about the case and many relevant documents can be viewed at the following website: http://www.garson.com/BWC-Class-Action/