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Supreme Court of Ohio - Case No. 2018-0572 Cleveland v. Bur. of Workers' Comp.
City of Cleveland v. Ohio Bureau of Workers Compensation et al., Case No. 2018-0572
Eighth District Court of Appeals (Cuyahoga County)
ISSUES:
- Does a common pleas court have jurisdiction to a consider a lawsuit against the Ohio Bureau of Workers' Compensation (BWC) for unjust enrichment based on premium rates charged, or must the suit be filed in the Ohio Court of Claims?
- Does Ohio law permit the filing of a lawsuit against the BWC based on a claim of unjust enrichment without a party first attempting to address the matter through an administrative procedure?
- Does the statute of limitations regarding workers' compensation premium disputes limit recovery to two years' worth of premiums?
Eighth District Court of Appeals (Cuyahoga County)
ISSUES:
- Does a common pleas court have jurisdiction to a consider a lawsuit against the Ohio Bureau of Workers' Compensation (BWC) for unjust enrichment based on premium rates charged, or must the suit be filed in the Ohio Court of Claims?
- Does Ohio law permit the filing of a lawsuit against the BWC based on a claim of unjust enrichment without a party first attempting to address the matter through an administrative procedure?
- Does the statute of limitations regarding workers' compensation premium disputes limit recovery to two years' worth of premiums?
September 10, 2019