State ex rel. Kent Elastomer Prods., Inc. v. McCloud

Citations

• 2026 Ohio 1105

Syllabus

Workers' compensation—Insurance premiums—Adm.Code 4123-17-73—Group-retrospective-rating program—Employer had clear legal right to have Bureau of Workers' Compensation administer group-retro program under Adm.Code 4123-17-73, and bureau had clear legal duty to do so—Bureau's authority to return excess surplus under R.C. 4123.321 and Adm.Code 4123-17-10 in form of COVID-19 dividend did not allow it to suspend administering group-retro program under Adm.Code 4123-17-73 for 2018 policy year—Bureau waived its right to assert accord and satisfaction by failing to raise it as an affirmative defense in its answer to employer's complaint—Court of appeals' judgment issuing limited writ affirmed.