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Do You Know the Rule? Ohio Correction of Inaccuracies Affecting Employers’ Premium Rates

04 Apr, 2024 Frank Ferreri

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Columbus, OH (WorkersCompensation.com) -- What happens in the Buckeye State when there's a possibility that something has gone awry that could affect the rates an employer must pay? Ohio has a system for taking care of such a situation, as follows.

Corrections

Whenever the bureau of workers' compensation detects an inaccuracy in the recording or processing of data, records, payroll, claims, or other pertinent items affecting the employer's status, experience modification, or premium, the bureau will correct such discrepancy. This correction will be accomplished regardless of whether this entails increasing or decreasing the employer's experience modification or premium rate. The employer or its representative will be advised of any correction and the effect thereof made under the authority of this rule.

When the Correction Kicks In

Any correction made will be applied to the current rating year, the rating year immediately preceding the current rating year, and to all rating years subsequent to the current rating year as of the date on which the error was discovered by the bureau or reported to the bureau, whichever date is earlier, except in matters involving disability relief and service-connected disabilities and cases covered by rules 4123-17-02, 4123-17-17, and 4123-19-03 of the Administrative Code. In cases where two or more employers may be affected by such correction, the same period of adjustment will be applied to all affected employers.

Adjustments

The bureau may adjust the employers account or experience for a period in excess of 24 months immediately prior to the beginning of the current payroll reporting period for the following circumstances:

Need to know the ins and outs of compliance in Ohio or anywhere else in the U.S. Turn to Simply Research

If the bureau determines that the employer misrepresented payroll or failed to submit payroll for any period, the bureau may adjust the employers account or experience resulting in an increase in any amount of premium above the amount of contributions made by the employer to the fund for the entire period the employer misrepresented payroll or the entire period the employer failed to submit payroll, regardless of when the misrepresentation of payroll or failure to submit payroll occurred.

If the bureau excluded any claim costs from the employers account or experience because the costs were subject to an appeal to court under section 4123.512 of the Revised Code and by a final adjudication it is determined that the claim costs are to be charged to the claim, the bureau may adjust the employers account or experience resulting in an increase in any amount of premium above the amount of contributions made by the employer to the fund for the entire period affected by the addition of the claim costs to the employers account or experience.


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    About The Author

    • Frank Ferreri

      Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law.

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