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State ex rel United Auto Aerospace & Agricultural Implement Workers of America v. Ohio Bureau of Workers' Compensation6/12/2002
Workers' compensation - In the absence of a rule promulgated pursuant to procedures in R.C. Chapter 119, the Administrator of Workers' Compensation is without authority to refund or reduce premiums pursuant to R.C. 4123.32(A).
Submitted December 11, 2001
In the absence of a rule promulgated pursuant to the procedures set forth in R.C. Chapter 119, the Administrator of Workers' Compensation is without authority to refund or reduce premiums pursuant to R.C. 4123.32(A).
. On March 11, 1999, appellant, James Conrad, administrator of appellant Ohio Bureau of Workers' Compensation ("BWC"), announced his decision to grant a one-time-only premium reduction credit to employers who pay into the state insurance fund. Specifically, the announcement provided, "The payroll report for Jan. 1 , to June 30, 1999, payroll period you received with this newsletter reflects a one-time-only 75-percent premium dividend credit. This means you will pay only 25 percent of the premium due." The administrator's decision to grant the premium credit was based in part on his determination that the fund contained a surplus of earned premium over all losses that was larger than necessary to adequately safeguard the solvency of the state insurance fund.
. On April 9, 1999, appellee, United Auto Aerospace & Agricultural Implement Workers of America ("U.A.W."), filed a complaint in mandamus and/or prohibition with the Tenth District Court of Appeals claiming that appellants exceeded their statutory authority by granting the premium credit without first promulgating rules as mandated by R.C. 4123.32. Appellee sought a peremptory writ of mandamus and/or prohibition ordering appellants to maintain the funds that have accumulated in the state insurance fund and not to grant the announced one-time-only premium credit for the payroll reporting period of January 1, 1999 to June 30, 1999.
. Pursuant to Civ.R. 53 and Loc.R. 12(M) of the Tenth District Court of Appeals, the matter was referred to a magistrate. The magistrate found that appellants improperly initiated the premium credit without first promulgating a rule. However, the magistrate denied the writ of mandamus, concluding that there was no affirmative relief to which the appellee was entitled. Additionally, the magistrate denied appellee's writ of prohibition, finding that appellants' actions were not judicial or quasi-judicial. Appellees filed objections to the magistrate's decision.
. The court of appeals did not follow the magistrate's recommendation but instead granted a writ of mandamus on the basis that the premium credit was not a refund of "future premiums" as required by R.C. 4123.32(A), and therefore the administrator's action in granting the premium credit contravened the authority set forth in R.C. 4123.32(A). Appellants appealed to this court as of right.
. Seldom do we have such a role reversal as we have in this case. Usually, we have a claimant seeking a ruling that allows or affirms an award for industrial injury. Often, these arguments are based on equity. On the other hand, we usually have employers (and the BWC) insisting that we follow and strictly construe and apply the workers' compensation statutes no matter how unfair that they might be in an individual claimant's case and notwithstanding how compelling the equitable arguments of a claimant may be.
. Today, however, we have the BWC and various employers asking us not to apply what appears to be a clear and, by their own admission, unambiguous statute. They argue policy and say that approving the action of the BWC is the "right" thing to do. Where is a court to turn?
. It appears that the case
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