State ex rel. K&D Group, Inc. v. Buehrer

Summary

The Supreme Court of Ohio held that K&D Group, Inc. was not a successor in interest to Mid-America Management Corporation for workers’ compensation experience-rating purposes. Because there was no evidence that Mid-America voluntarily transferred its business operations to K&D Group, the Bureau of Workers’ Compensation abused its discretion by transferring part of Mid-America’s experience rating. The court reversed the court of appeals and issued a writ of mandamus ordering the bureau to calculate K&D Group’s experience rate without Mid-America’s experience.

Holdings

1. K&D Group was not a successor in interest because it merely contracted with the new owner to manage the existing apartment complex, and there was no evidence that Mid-America voluntarily transferred its business operation to K&D Group.
2. The Bureau abused its discretion by transferring part of Mid-America's experience rating to K&D Group.

Questions Presented

1. Whether K&D Group was a successor in interest to Mid-America for purposes of transferring workers' compensation experience ratings.
2. Whether the Bureau abused its discretion by transferring part of Mid-America's experience rating to K&D Group.

Disposition

reversed